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HomeMy WebLinkAbout1978-04-25 Info PacketPj1LROFILMED BY JORM MICROLAB CEDAk RAPIUS AND ULS hIU IL;, ;Uic WHAT IS CRITICAL 'I'llINKING? The ability to: - be open minded about new ideas. - not argue about something when you know nothing about the subject. - know when you need more information about a subject. - know Lhe difference between a conclusion which might be true and one which must be true. - know that people have different ideas about the meaning of words --- and different interpretation iof actions regardless of the motives for those actions. - try tj avoid common mistakes in reasoning. i - question ideas, expressions and actions that do not make c:unse. - try to separate emotional thinking from logical R thinking. - determine if a rational basis for an idea or action exists. r - express an idea or concept simply and clearly so that it can be understood and made clear to the widest j audience. - to avoid jargon and meaningless "pop" words in articulating an idea or concept. - admit error when error is proved. i v _CI 141CROFILI41D By i 1 JORM MICR+LAB CFPAP MIM DPS PI01'ICS Lord U10 t41L.RUFILMEU BY JORM 141CROLAB HONOHAN, EPLEY, LYON & KRON ATTORNEYS AT LAW JAY H. HONOHAN LLOYD A. EPLEY T. E. LYON THEODORE L.NRON Robert Bowlin Assistant City Attorney Civic Center 410 East Washington Street Iowa City, Iowa 52240 Dear Bob: CEDAR RARIOS ANU UES MWIiLU, :Uva, aTwA city OFFICE: 18101 361-UIOQ KALONA OFFICE: 1 8101 060.2815 LONE IN EE OFFICE! 18101 029-15,400 HILLS OFFICE: 1 81E 1 8102201 aoo EAST COURT STREET IOWA CITY, IOWA 52240 April 19, 1978 Re: Gordon Russell Screening 2750 South Riverside Drive To reply to your letter of April 5, 1978, we would like to propome the following: I. We will. remove the autos stored in the M1 %one on the west side of the property. Thin would take place when the weather conditions permit, hopefully in early May. 2. We will construct a berm 8 feet high and 20 feet wide at the bottom, along the line separating the M1 and M2 Zones. This berm would start at approximately the quonset building located on the site and would run south until re reach the area wh ere we are presently filling the land. As we continue to fill the land to the south we will continue the berm to the south until it reaches the south edge of the property. The original conntror.tion would run approximately down to where the trees on the south half of the property exist and would then screen the car crushing and salvage operation from the highway. 3. We will plant suitable ground cover, such as crown vetch, on the berm similar to what the Highway Commission does on the Interstate. 4. We do not believe that we should be required to plant the evergreen trees as suggested in your letter. It does not appear to me to be a requirement of the ordinance that we in effect do double screening with both a berm and trees, and we believe also that it would not be fensible. 5. We would Htnrt construction of the herm at; noon T1H the w(-ather is satisfactory and would expect to have the earth moved and In pinr.e In May, 1978, Subject to the weather condltlonR. planting world tnke pLare shortly afterwards. 799 IIICROFILIILD OY i JORM MICR¢LAB CFpAR N.1FI�: f16 4DIRC5 bilLROFILMED BY JORM 141CROLAB TO: Robert Boa Ass1s[ant City Attorney Page 2 April 19, 1978 CEDAR RAPIDS AND ULS AUINLo, ;0611 6. We. would like to discuss further Item 2 in your letter relating to the oast side screening. It is our feeling that there is no need to commence any screening of this area at this time and that a berm might be Inappropriate at the time of a future development since we do not know what that development may be. Since my client is also a part owner of, the property on the cast rind since the property Is vacant and unused, we feel that the screening should not be required at this time. Also the berm would be In the area we are filling and working on. At this time we would like to got agreement on the west side screening no matter what our disagreements are on the east side. We would like to start the west side berm immediately and not be delayed in screening the operation from the highway. 7. As to Item 4 in your letter, relating to the City cars stored and the award of the towing contract, I feel that this item is not rcall.y related to the agreement with the City about the screening. My client feels that this towing contract Item was an unnecessary and unneeded threat to get him to provide screening, which until this year has never been specified. In connection with the towingandstorage of City towed vehicles, my client has been more than generous with the City as far as billings for the costs and patience as to the disposal by the City. As a result of this item of your letter we are reconsidering thls both as to past and future towing and storage. When a- decision has been reached on it we will advise. In view of what transpired this week we would appreciate a prompt 1 response. If you would like we could meet on this matter. Very truly yours, HONE, EPLEY, LYON & KRON JHH:ng cc: Neal Berlin Don Schmeiser John Hayek Honohan MICROFILMED BY i JORM MICR+LA6 FFDht PAPITC PFS F1019fS hilt,RUFILMED BY JORM MICROLAB ,VU CITY OF CIVIC CEN(ER 410 E WASHINGTON ST Mr. Jay Honohan Honahan, Epley 6 Lyon 330 E. Court Iowa City, Iowa 52240 Dear Jay: CEDAR RAPIDS AND ULS h!U,kLu, iUm, IOWA CITY IOWA CITY IOWA 52240 (319) 354.180D April 5, 1978 Re: Gordon Russell Heal Berlin, Don Schmeiser, and 1 visited Gordon Russell's property on Friday, March 31, 1978, to help us further consider the City's position with respect to the 1974 agreement. Briefly stated, the City's position is as follows: 1. Adequate screening is needed between the MI and M2 zones on the west side of the car crushing operation. In your letter to me of March 14th, you indicated that Mr. Russell was concerned that due to the height of the roadway and the grade that the fence or screen we were proposing would not do any good. We would like to suggest that Mr. Russell could build the berm that he has proposed along the west boundary between the MI and M22 zones, and top it with evergreen trees as specified in section 8.10.160)(2) of the zoning code. This would provide an attractive fencing of greater than minimum, and would greatly improve the appearance of the area, minimizing the complaints of the past few years. 2. As for the east side of the M2 area near the pond, we would like to see this area screened as well. Perhaps an earthern berm covered with grass would be best here, also, 3. It appeared to us that there were a number of autos being stored on the M property near highway 218. This is definitely a violation of section 8.10. (A)(8) of the zoning code, and all such autos should be removed to a properly screened M2 zone. 4. We understand that there are a number of autos being stored on the site that were towed by the City pursuant to traffic laws, and are awaiting. final disposition. However, you should be aware that one of the conditions for the award of the towing contract is that the potential contractor must be able to demonstrate that he can store the towed vehicles on property which meets all the requirements of the zoning code. Therefore, the City could y.. eFILMED BY i JORM MICR6LAB CCDAIi MILROFILMED BY JORM MICROLAB _%r Page 2. Mr. J. Honohan I April 5, 1978 • CEDAR RAPIDS AND ULS •IUINL�), :Uvi,� not consider a bid from Mr. Russell unless he could demonstrate that he meets the screening and zoning requirements. We would appreciate a statement of your plans by the end of this month. The City will take steps to enforce the contract if an acceptable solution is not reached in the near future. Sincerely yours, Tom�4 �LyL Robert H. Bowlin Assistant City Attorney RHB/lw cc: Neal Berlin Don Schmeiser John Hayek ? MICROFILM BY JORM MICR+LAB CNIAR NAP @S • PF5 NOINFS MILROFILMLO BY JORM MICROLAB Y CEDAk RAPIOS AND uLS :1011iLi, :uto. 17- 8,10.14 R.10.14.a 9.10.15. 8.10.16 theaters, travel bureaus, indoor recreational facilities, public parks and playgrounds; printing newspaper publishing, blue printing and photostating; physical culture and health services; clubs and lodges; laundromats and dry cleaning outlets; and other uses similar to the above, subject to the approval of the Council after receiving a report of the Commission. 3. Offices (business and professional). 4. Government and Community Buildings. 5. Multiple dwelling units, above the ground floor only. 6. Transportation depots. 8.10.14.a CBS ZONE USE REGULATIONS A. Premises in the CBS Central Business Service zone shall be used for the following purposes only: 1. The uses set forth in 8.10.14. 2. Auto repair garages, auto service stations, auto parts sales. 3. Multiple dwelling units. 4. Car wash establishments. 5. Undertaking establishments. 6. Motor vehicles sales. 7. Dry cleaning plants. 8. Other uses similar to the above, subject to the approval of the Council after receiving a report of the Commission. 8.10.15 M-1 ZONE USE REGULATIONS A. Premises in the M-1 Light Industrial Zone shall be used for the following purposes only: 1. Any use except those uses specifically confined to M-2 Heavy Industrial Zone provided, however, that said use complies with the performance standards set forth in Article 8.10.18. 8.10.16 M-2 ZONE USE REGULATIONS A. Premises in the M-2 Heavy Industrial Zone shall be used for the following purposes only, provided that said use complies with the performance standards set forth in Article 8.10.18. MICROFILMED BY JORM MIC R+LAB MAP VAI'M' • Dr`,'d01Y6 r11uk0HLt4L0 BY JORM 141CROLAB CEDAR RAPIDS AND ULS ;-iiuifiL�, r 18- 8.10.16 1. Any use. 2. Auto wrecking, junk yards and similar salvage storage when enclosed within a tight, solid fence, not less than six feet in height or surrounded with a green belt planting strip not less than 20 feet in width and eight feet in height. All such storage shall be located not S less than 30 feet from any street line and not less than 20 feet from any other lot line. The storage of rags, paper, and similar com- bustible waste shall not be closer than 100 feet to any property line, { unless enclosed in a masonry building of not less than four-hour fire 1 resistive construction. i 3. The bulk storage of oils, petroleum, and similar flammable liquids and chemicals, when stored either in underground or above ground tanks, shall occur no closer to the nearest point of the nearest lot line or any main building than the distance indicated by the following table: i WATER C Y MINIMUM SEPARATION DISTANCES PER UNDERGROUND ABOVE -GROUND CONTAINER CONTAINERS CONTAINERS Less than 125 gallons 10 feet (lone 125 to 250 gallons 10 feet 10 feet 251 to 500 gallons 10 feet 10 feet 501 to 2000 gallons 25 feet 25 feet 2001 to 30;000 gallons 50 feet 50 feet 30,001 to 70,000 gallons 50 feet 75 feet 70,001 to 90,000 gallons 50 feet 100 feet The indicated distance requirements may be reduced to not less than 10 feet for a single container of 1,200 gallons water capacity or less, provided such a container is at least 25 feet from any other LP -Gas container of more than 125 gallons water capacity. 4. The following uses provided that a building or occupancy permit shall not be issued until and unless the location of such use shall have been approved by the City Council. Before granting such separate approval, Council shall refer applications for approval to the Chief of the Fire Department and the Commission for study, investigation, and report. If no report is received in forty-five days, the Council may assume approval of the application. Y•- -cr�T MI CRorluam By JORM MICR+LAB rrnnr 11,V11`, 7f `, 140111CS FII1.kOFIL&D BY JORM MICROLAB 21- G. HEIGHT REGULATIONS FOR PC ZONE, CEDAk RAPIDS AND uL�, :•Iu;;,Lu, i'Jel" 8.10.17.1 8.10.17.2 8.10.18 In the PC Zone, when adjacent to any Rl and R2 district, said buildings shall not exceed 2; stories and shall not exceed 35 feet; when adjacent to any other district said buildings shall not exceed 3 stories and shall not exceed 45 feet. 8.10.17.2 ORP ZONE USE REGULATIONS A. Premises in the Office and Research Park Zone shall be used for the following purposes only, provided that said uses comply with the performance standards set forth in Article 8.10.18: 1. Data processing and computer operations. 2. National and Regional headquarters office - business, educational, governmental, industrial and professional. 3. Merchandise and product display center, but no direct sales. 4. Research, experimental and testing laboratory. 8.10.18 PERFORMANCE STANDARDS A. The following performance standards shall be observed in the CB, CBS, Ml, M2, IP and ORP Zones: 1. SCREENING. Where any commercial or industrial use, the open storage of any materials or equipment, or four (4) or more off-street parking spaces are located along the side or rear of any lot adjoining an existing or proposed residential development in an R district, adequate screening sufficient to obscure said use, open storage or'parking from view within the R district shall be preserved, planted or constructed, and maintained in accordance with the following provisions: (a) Materials (i) Permanent type evergreen plantings of a variety hardy to Iowa climate shall be installed at an initial height of at least three (3) feet and have a permanent height of at least six (6) feet within five (5) years after installation. 41CROFILI41O BY i JORM MICR+LAB (,I It, I?A,Ir) SCS 1.1a1 4r P1II 2OF ILMED BY JORM 141CROLAB -22- CLUAk RAPIUS AND ULS MUI:IL�, IUe... (ii) In lieu of a planting screen, a six (6) foot solid fence of heavy construction approved by the Building Inspector may be used for screening purposes. (b) Time of Installation (i) If adjacent land in an R district is platted or developed for residential use, screening shall be provided before the property is occupied or used. (ii) if adjacent land in an R district is neither platted nor developed for residential use, screening need not be provided until within six (6) months after the approval of a subdivision or the issuance of a building permit for development on a separate tract of the adjacent land. 2, NOISE. All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness and, as measured at any property line, shall not exceed the following intensity in relation to sound frequency: OCTAVE BAND IN CB, Ml AND CYCLES PER SECOND ORP ZONES M2 ZONE 0 - 150 65 Decibels 75 Decibels 150 - 300 57 Decibels 67 Decibels 300 - 600 50 Decibels 60 Decibels 600 - 1200 45 Decibels 55 Decibels 1200 - 2400 40 Decibels 50 Decibels 2400 - 4800 34 Decibels 43 Decibels 32 Above - 4800 Decibels 40 Decibels Such sound levels shall be measured with a sound level meter and an octave band analyzer conforming with specifications of the American Standards Association. use 3 so0as t The lesssion of dark insmoke shadebthanythat permitted shall led the Ringelmann Chart, published and used by the United States Bureau of Mines; provided, however, that smoke of a density equal to that designated as No. 2 on the Ringelmann Chart may be permitted for not more than eight minutes during any thirty minute period and smoke of a density not exceeding that designated as No. 3 on the Ringelmann Chart may be permitted for not more than three minutes during any thirty minute period while starting or cleaning a fire. �• �'}r MICROFILKO BY i JORM MICR�LAB MPAP VAPI^q . nf'. "%WlrS MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UL`., ;Iu1I1L.:, "uwF1 -Zq_ 8.10.18 8.10.19 8. STORAGE. If a fence, as required in paragraph 1 of this section (Screening), is erected and is so constructed, open storage of equipment and materials may be located to within 15 feet of said fence if the height of the equipment or material does not exceed the height of the fence. Equipment and materials exceeding the height of the fence or otherwise visible from the adjoining R District, shall not be located within 50 feet from the fence. If a planting strip is used to screen the area, the storage of materials shall not be permitted within 50 feet from the lot line of the adjacent R District. The storage of such materials and equipment may be permitted when located at least 30 feet from any street right-of-way line and when in conformity with the above provisions, except that the storage of livestock feed, coal and similar materials shall not be closer than 300 feet to any R District and shall be handled as to effectively control dust, noise and odor. All combustible material shall be stored in such a way as to include, where necessary, access drives to permit free access of fire fighting equipment. Open storage of junk, waste products, salvaged or wrecked automobiles shall be confined to M2 Zones and all the regulations of Section 8.10.16 shall be applicable and nothing herein contained in this Section shall be deemed to permit the open storage of said materials I in any zone except M2 Zone. Open storage of equipment and materials shall not be permitted in the ORP Zone. 9, LIGHTING. All light sources shall be shielded from adjacent R districts. 10. COMPLIANCE. All uses which were not previously required to provide screening prior to the passage of this Ordinance shall conform to the requirements of this Ordinance within one (1) year from the passage thereof. Nothing herein contained shall be construed to grant additional time for compliance with any screening requirements of any uses covered by previous Ordinances or any other sections of Title VIII of the Municipal Code of Iowa City. 8.10.19 ADDITIONAL REGULATIONS I. The uses listed in B of this Section may locate only in certain Zones under the specified conditions. II. The special uses, the conditions that must be observed, and zones in which such uses will be allowed are: MICROFILM BY JORM MICR+LAB I;IICRUFlLMED BY JORM 141CROLAB CEDAR RAPIDS AND ULS HuifiLS, iUe"I ORDINANCE NO. 74-2745 AN ORDINANCE ZONING CERTAIN REAL ESTATE ANNEXED TO THE CITY OF IOWA CITY AS All and M2 ZONE. Be ft enacted by the City Council of Iowa City, Iowa. Section I Purpose. The purpose of Ellis Ordinance is to zone the real estate described herein and allnexed to the City of Iowa City, loiaa, pursuant to Ordinance No. 73-2665 as All and M2 zones. Section II Zoning Classification. 'file fullor:ing described real estate is zoned III zone and the zoning map of Iowa City, Iowa, shall be amended to add said real estate to said map and zoned as designated herein: The Westerly 300 feet of the following described real estate: Commencing at the southeast corner of the northeast quarter of Section 28, Township 79 North, Range 6 West of the 5th P.M., thence north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence east 13.50 chains to the place of beginning Section III Zoning Classification. The following described real estate is zoned M-2 zone and tile zoning map of Iowa City, Iowa, shall be amended to add said real estate to said map and zoned as designated herein: The Easterly 591 feet of the following described real estate: Commencing at the southeast corner of the northeast quarter of Section 28, Township 79 North, Range 6 West of the 5th P.M., thence north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence east 13.50 chains to the place Of beginning. Section IV Recording. The Mayor and City Clerk are hereby authorized and directed to certify a copy of this Ordinance to the Recorder of Johnson County, Iowa. It was moved by Brandt and seconded by Davidson that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS; ABSENT: x Brandt OG�a, x Czarnecki L�� X Davidson /��/97� X deProsse" X White / ' / ✓ C1crT— Passed and approved this 19th day of November A.D., 1974. lst reading 11-19-74 T.O. 2nd reading 11-19-74 T.O._ 3rd reading 11-19-74 T.O. 799 •�� MICROFILMED BY i i JORM MICR�LAB rronr itnri��• . ars. �aoriEs m I-ULMFILMED BY JORM MICROLAB CEDAk RAPIDS AND UES :-1Ui1,Lj, !UV,A - I '? ' ( ' I - ;11!, ' .%[, Gi'�'6',N KINSVIA, P -1!7t 01 the coils" :CtLion for the to Par t: a ,`;-.-c!,!n belt: -.Is drnm or. "A" and cpL,.t:ifj..2d in consistiu., of. Lo.:iozml poplar trous and lic.l.,ey sll arc! grass; is a strip 20 fcat. %.,50- and apPrcxiln:,:.oI7 1,300 feet long. it: tq.11 he 131--rited on the arca j:,,viWd green in Exhibit "B" and U is estimated this WLU consist or approxilately 475 honey suckle, and 950 popjavu. Thif.s pliIint4lilt" wil.1 nw: begin in 1974, but wLLI rifter. the 'Mir.6 in of 1. the aren. Fill.lng t�iLj be Over awidund,!r e are;! of the Ian crip's.rderation t.ith culphnsis at this time in the area of tha small. ponds sad di:.-ulias colored I)Iuc on F,:h'b'r "B"' it would be uai!C:;irahIv to SLarl plantiaL until the fillin,- is conplcted bacause filling a,ter the j)janj:,a could result in destruction of a great deal of the green be] t. Wile,, the fil.Liqg vould ha co:,iplated be M. this V. 'I'llis will Lt.- -1, ad LO a larf;e eXte I I C Or I the ZIV .11.1 ;kbillLy of quai jj 3* [ail. L -a L a r I ;l I C",-ilQc does not intw!d to allow this to I;e a garba,la duop and l4i.1.1 probably f.111. it With dirt from excavation projet:ts Cordon RLISrOl l"I"Icavii Lion is lnvolwd In. Pendill?, the Plilkilting of the green bult, the opov.1tjoa Of the jjlL() operation would be placed in Lhe Pren garturally etitlilind in red OA Exhibit "B". This area will be screened partially 3L prenant by a sligiot hill or wound located at the soutl:east portloq of the area to be used and applicant will provide additional temporary screening to the C:Ast as approved by the Building reparti.%nit of the City. i 141CROFILMED By JORM MICROLAB UPAP '101176 f.);LROFILMED BY JORM 141CROLAB 2 • CEDAR RAPIUS AND UL) MUINLD, iueJ" ca I • I NA 5. ;11;:,) j:.! muler LK! G LLy 0 Cd it is unr.ucll:zs a cy dd it W a L St Wu I Olon Omt no 11" -rty unlasn Secedned .1,11strial ms� cv:1 be placed upcil ffoilz UI witil existing COUnUmO; or fulLI:0. ',,.'a note lia kditioual kl.;Ps been a.s.ociatOd with the property tila l3art feta years ova contanplated ,:Or COnid b:-, until the filling is No Plans have baen rade about- fu tura use of tile lend. The an;j.jxaLjon and zoning being sought for the auto recycling operation solely. 141CROFIL14ED BY JORM MICR+LAB CrDAP VAN@; MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MulPiLj, IUWA .0, f.� 0 I41CROf IL14EB BY .i JORM MICR+LA6 MAP PAFInS . 915 1OMU 1 I J E0.5'1 7 :5 I. In I. 4; ;f �' fl `1 .-'U 1, lav S ti II r; C', L a r 3to I f • 1 It I41CROf IL14EB BY .i JORM MICR+LA6 MAP PAFInS . 915 1OMU MIl,kUf ILI-ILD BY JORM MICROLAB FOLLOWING -BEST DOCUMENT AVAILABLE • LEDAk RAVIU�) AND uL FOLLOWING IS BEST DOCUMENT MICROI ILMID BY JORM MICR¢LAB JORM MICROLAB TARGET SERIES 000 AVAILABLE i i i f•1iutUFILMLU V JURM MICRULAB CLJAI< RAPIoi AiIU uu '1l,:�L • .JA; 111CROF WILD BY DORM MICR46LA13 FILE PIL BER 1107TH 7 �t 111CROF WILD BY DORM MICR46LA13 MICROFILMED BY JORM MICROLAB irul: m;,z to plant • CEDAR RAPIDS AND ULS AUIHLS, iU ii SCUPOULE f. ,otal footage .1.300 x 20 or 26,000 sq. ft. 11oney suckle (Zebal) 475 Poplars (I.Ombard) 950 strip 20 feet wide 1) 3 feat Zr.^ss edge_ of lot line to first row of poplars 2) 3 feat betoeen poplar rows with scr_ond row offsel: 1 1/2 feet 3) Poplars planted three feet apart 4) 6 feet betdeen poplars, second row, and first row honey suckle 5) 6 feet between first and second row of honey sucklp_s and 3 feet offset 6) Honey suckles planted 6 feet apart InLtial planting poplars 6 - 8 feet height initial pl.ant.in;; honey suckle 2 - 3 feet height I I4ICROFILMED BY '1 JORM MIC R+L AB MAP PAIT)" • WF Mo MF5 1.1lCROFILMED BY JORM MICROLAB CEDAR RAVIdS AND ULA Ilui(iL.,, :u?d. i RESOLUTION NO. 74-507 RESOLUTION ANNEXING CERTAIN DLSCRLB6'D [O.AL ESTATE TO THE CITY OF IOWA, CITY, IOWA. WHEREAS, Gordon J. Russell and Angeline 11. Russell have petitioned the annexation to the City of Iowa City, Iowa, the following described real estate u•.. n;•.1 and! by them, Lo -wit: Co=y ncin9 at the southeast corner of th_ northeast quarter of Section 2B, Township 79 North, Range. 6 Nest of tha 51' h 1'.I•L, thenca north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence cast 13.50 chains Lo the place of beginning, WHZReAs, the Planning and Zoning Commission has recommended that the Council annex said real estate, and WHEREAS, the. City Council deems it in the public interest to annex said real cutate. WHEREAS the Council finds that annexation should be contingent on execution of thn agreement providing for screening and buffering and including provision for arbitration. 1404, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, as follows: 1. That the following described real estate is hereby annexed to the City of Iowa City, Iowa, contingent on execution of the agreement providing for screening and i buffering and including provision for arbitration: Commencing at the southeast corner of the northeast quarter of Section 28, Township 79 North, Range 6 West of the 5th P.M., thence north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence east 13.50 chains to the place of beginning. 2. That the Mayor and City Clerk are hereby authorized and directed to certify a copy of this Resolution to the County Recorder'of Johnson County, Iowa 3. 'That the Mayor and City Clerk are hereby authorized and directed to execute the agreement. A'!i'S: NAYS: ABSEIIT: x Brandt X Czarnecki _ Davidson x dePronse Whito I: azar moved 1:y Brandt nad nrcondnd by DavidNen thet the [Ulsolution ar. i•,: adoplc(!, .:'id upon roll call Cho vole was a:: Ii::Lr.d abov.•. I-- .....-.... JORM MICROLAB nun en ;n, • nr� annus M1U(OFILMED BY JORM MICROLAB IL RI:;:OLG'iLJM i;0 • CEDAR RAPIDS AND UES MUIHL�, W++i; 74-507���/� / : raj0r/ Claes � .,, A.D. ..•..ad and aogrov:d thie �)a a;r of �`L .1 L• ---- C -,� "I r -.., : CA n, i thn cn:iaroi,;ned, Cl,,:-. and }3;;0r 0: -..a C.t; o[ _ores City, i v1, •i:) 'ter_by Crr•iiy t':at file foc_,ai.:g 3a3011t!on Ss a t.'.:': .:ate _xact Capy ed by the Cit COac!1 ac e" Zona C'.y, _r+x Paso etian redo?t 'I - ' = a regular aaat'ag held on tha 1!.—LL !ay if ..l74 .i Clark i I MAP PAPIn$. �f5 t1019f5 t4ICRUFILMEO BY JORM MICROLAB CEUAk RAPIDS ANU ULS :IuiNL:,, l'Jv- AGREEMENT THIS AGREEMENT entered into this I tj I-L,day of Nuvamber, A.D., 1974, by and between the City of City, Iowa, a municipal corporation, her3in- after referred to as the City, and Gordon and Angr.line RnIscll, indivi !W115 owning certain real estate described in this petition, hereinafter called Russell. WHEREAS, Russell is the owner of the following described real estate: Commencing at the southeast corner of the northeast quarter of Section 28, Township 79 North, Range 6 West of the 5th P.M., thence north 33.30 chains, thence west 13.50 chains, thence south 33.30 chains, thence east 13.50 chains to the place of beginning, s and said real estate abuts and adjoins the municipal corporate limits of the City of Iowa City, and i j WHEREAS, Russell has made application to the City Council of the City of Iowa City, Iowa, for annexation of said real estate and for the zoning of said real estate as M-2 zoning, and WHEREAS, pursuant to the Ordinances of the City of Iowa City, Iowa, and the statutes of the State of Iowa, the proposed annexation and zoning has been referred to the Planning and Zoning Commission of the City of Iowa City, Iowa, and the Riverfront Commission of the City of Iowa City, Iowa, and the Parks and Recreations Commission of the City of Iowa City, Iowa; and said Commissions have all recommended approval of the annexation of said real estate and the zoning of said real estate in part 11-1 and in pnrt M-2, but that all of said Commissions have expressed reservations about the screening and the establishing of a greenbelt relative to any uses on said real estate, and WHEREAS, Russell wishes to develop said real estate in a manner that w111 be a credit to the r^.al estate and the development of said real estate and to the City of Iowa City, Iowa, and is willing to provide an adcqu:u:c grecnbelt for slid real estare, and is willing to ngrte that all Ordinlnces or the City of Iowa City shall be applied retroactively to said r,. -al eAt.lte. I JORM NIICR40LAO rrIAP PAN ' • OCS moinr5 MILROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND ULS :,IUiNL�, x0011 y NOW, THEREFO:L, IT I5 "EREBY AGRZED by and between the parties as follows: 1. That the City of Iowa City, Iowa, agrees to annex the real estate described herein to the City of Iowa City, Iowa, in consi.leration for t:tc agreements hereinafter set forth. 2. That 1:u_.se11 agrees to co•tPly with all exisci::;, Ordinancaa of tl:2 City of Io;:a Ci'_y relatin;; to -,.reontr.g of inkluo.trial or co-!::ercial uses and to conpl.y with a1.1 future Ordinana,!s of the City relatins to screening, of industrial or co:xtarcial uses, the establishment of greenbelts for all M-1 and M-2 zones. 3. That Russell agrees to plant suitable plantings and construct ocher reasonable screening and buffering devices including but not limited to shrubs, trees, bushes, earth berms and other suitable screening and buffering devices to screen and buffer the areas to the west and east of the real estate described herein and to screen and buffer any uses proposed to be placed on the real estate described herein. That the parties hareto agree that the selection of the location of the screening, buffering, the type of plantings, trees, shrubs, the construction of berms and other screening and buffering devices shall be determined by the mutual agreement of the parties; and that the parties shall consider in such determination, costs, aesthetics, the screening and buffering of noise and screening and buffering as to sight, the entrance to the City and the enhancement of the Iowa River and any future recreation projects in the vicinity of the real estate described herein and any future master plan or comprehensive plan for screening and buffering of entrances to the City of Iowa City, Iowa. Rusnell agrees to bear the cost of plantings, construction of berms and other screening and buffering devices that may be mutually agreed upon by the parties. In the event that there is any dispute or controversy or difference between the parties as to the location, type of screening or buffering, the construction of berms or other screening or buffering, devices referred to herein, then in that event the parties hereby agree to arbitrate any s•ich dispute, controversy, or difference pursuant to the terms of this paragraph as follows: a) [-sitar parry, o::hen a dispute, contro•mrsy or diffcrcnce nri•:us, may I.y ,-ritren nota.-:: ro the other retinas[ arbit-ativa and i,1 tin, frDAP VAPI m. ^fS ^101'IF ` I t•luROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULA ;-1uihLj, iJe -1- Cite of said request for such arbitration, nlmll nppuLnt oa,: nrbitrat•,r such party may select. The other party, upon receipt of the wrLtt..n Pr notice, shall by written notice within 15 days after receipt of suoh r.otic: appoint a second arbitrator as such party may select. b) Uhan two arbitrato L: have het❑ appU int :ri nS heroillabov_ provided,' they shall agree on a thir:l arbitrator all! :;•1.111 ..1�poillt said arbitrator by written notice si;,-led by doter Or tlh:1a thiel :1 COpy ::ta Li•;d W each party hereta. In the event that the tvn arbitrator; .,c.lrct d by the . parties cannot agree on a third arbitrator, parties air._.: to roquc::t chat the State of Towa Arbitration Board appoint a third arbitratur and such third arbitrator appointed by the State Board shall be qualified and is accepted by both of the parties. c) (Ih appointment of three arbitrators as hereinabove provided, 4 such arbitrators shall hold an informal hearing and prescribe the rue;:s of :;aid hearing, •.,. the three arbitrators shall allow each parry to prr:s=at his position and any information and witnesses that such party may haco on the question before the Arbitration Board and upon the close of the hearing and after a reasonable time, the arbitration Board shall reader their award including a provision for payment of costs and expenses or arbitratixh to �r be paid by one or both of the parties hereto as the arbitrators deem just. d) The award of the majority of the arbitrator, shall be bind- ing on the parties hereto and judgment may be entered tlhercon in any Court having jurisdiction thereof and the parties hereto agree to waive notice of said entry of judgment. G. It is understood and agreed by and between tile. parties that the screening and buffering and plantings and establishment of a greenbelt as con- templated in this Agreement will not commune in 1974, but will be the subject of negotiations between the parties and will also be contingent upon adequate tilling in of the area of the real estate being annc:<cd as a part of this Agreement. It is understood by the parties that tihi; filling of land vi.11 be over a wide area of ter:t real estate under consideration with empiasis i^ the immediate future in the area of the small ponds and ditches eolnred blue in Exhibit "A" attached co this Agreement and by this referent: male a JORM MICRqOLA6 O'DAR P,1I.1�tt nf5 F1019CS MII.ROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS ;1uihLj, part hereof. It is agreed by Russell that the fillin„ done on this property will be a quality fill material approved by the City of Iowa City, Iowa. It is understood Lind agreed by and between Russell and thu City that this area shall not be a sanitary land fill or a garba;a dump and will not become a nuisance to the nai,:hborhood or the citixns of Iowa City, Iowa. 5. It is underotood and agreed by and 'between the parties that p_nding the planting of the greenbelt, screening and buffering devices, and the con- struction of the berms referred to in this Agreement, that there will he placed on the real estate being annexed an auto recycling operation owned by Paul Poulson, and that said auto recycling operation will consist of ginarally, the placement of automobile crushing equipment and the storage of crushed autorobiles and automobiles waiting to be crushed on a temporary basis and the trucks and vehicles required for said operation will also be stored in € said area. It is hereby agreed that this area shall not exceed five acres i in size and that this auto recycling operation will be located initially i 1 in the area generally outlined in red on Exhibit "A" attached to this Agree- ment and by this.reference made a part hereof. Russell agrees that this c area will be screened on a temporary basis pending the development of the plans heretofore referred to for comprehensive screening and that said i screening on a temporary basis shall be that as approved by the Duildirg Department of the City of Iowa City. 3 That by virtue of a placement of the auto recycling operation owned by Paul Paulsen on the real estate being annexed, it is deemed by the parties to be necessary and in the interest of the parties and of the said Paul Paulsen that he be made a party to this Agreement, and that his signature appaars in this Agreement acknowledging that he accepts the terms and conditions of this Agreement and agrees to abide thereby. 6. Russell further agrees that no additional industrial use or othmr uses allowed :in an M-2 ares will be placed upon the real estate heral.n described unless screened in compliance with existing Ordinances of th= ci::y of Iowa City, Iowa, or future Ordinances of the City of Iowa City, lova. rl, is further ngreod that if any future Ordinance of the City of Iowa Clty T I41CROF'ILMED BY JORM MIC R+LAB rrPAP PAVM'� • 'r5 MOINES MILRUFILMED BY JORM MICROLAB CEDAR RAPIJ5 AND DLS .'Ji,l -5- i' !quires any screening in addition to that already referred to in this ;recment that Russell will provide said additional screening. 7. It is understood and a3reed that the entering into of Chiu .1grc•ia:ent by the City docs not in any w.:y indieat. apuroval of ally cunaCruction on the real estate which is a part of this: Agreement, does not approve any plattinq of the real estate which is a part of Lhi.s Agrce.^_ent, or does not approv+: any zoning of the real estate which is a part of this Agn!-mens, and does no: approve any proposed or contemplated future zoning. By the entering into of this Agreement, the City of Iowa City does not waive any of the requirements of any Ordinances of the City of Iowa City in any respect; and Russell a;;rces to comply with all Ordinances of the.City of Iowa City in the developr..ent of the real estate which is a part of this A.-reement. g. It is further agreed by Russell that this Agreement shall be a covenant running with the land, and that this Agreement shall be filed of record in the Courthouse in the Office of the Recorder of Johnson County, Iowa, and that in the event any of the real estate described herein is conveyed, sold or transferred in any way, that the Deed of conveyance will contain a clause indicating that the real estate transferred to conveyed is subject to the provisions of this Agreement. CITY Of IOWA CITY Mayor/ i. Attest: City Clerk Gordon Russell I, Paul Poulson, do hereby agree to comply with all of the terms and conditions of the Agreement specified herein. JORM Paul. Poulsen .. of juWI IFILkULi.0 ,.,u,,. ."II .. ty z- Q(ue=� ol DORM MICROLA9 MILRUFILi4LU BY JORM 141CROLAB CEDAk RAPIDS AND UL Ilu:i1 ;ul, City of lows Cit;" MEMORANDUM OATII April 17, 1978 TO: City Council FROM: City Manager RE: Grand Daddy's Request Several weeks ago the Manager of Grand Daddy's discussed with the City Council Sunday dances with the prospect of revising the City ordinance to reduce the age limit to 14. The current ordinance permits dancing on Sundays with an age limit of 16. While there don't appear to be any strong arguments in favor of reducing the age to 14, if the City Council should elect to make the change, other provisions of the ordinance also should be revised. This would include providing a fixed hour for closing, provision for the maintenance of acceptable standards of behavior, authority to prohibit admission of those who are unruly, and a provision rescinding the permit upon violation of the regulatory provisions. 5M 141CROFILIIEO BY 1 JORM MICRI LAB CIDArI Pnr'15 . I!" !10!!Vr 1-111L,RUF1LMLD BY JORM 141CROLAB CEDAR RAPIDS AND ULS AUi:IL.1, IJrm CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CI1Y IOWA 52240 (319) 354.18(T) April 17, 1978 Robert G. Johnston, President Iowa City Apartment Association Box 1765 Iowa City, Iowa 52240 Dear Bob: Attached please find a photo copy of a tenant check -list that was submitted by Ira Bolnick to the City Council as something he would like the City to provide as a service to tenants. It is important to note that the concept of a check -list is not required in the proposed Housing Code however, the suggestion of such a check -list was brought up at the public hearing on the Housing Code in which you were in attendance. I am providing this suggested check -list to you in hopes that if the members of your association find this to be of value, that you, like the original authors of this document, representing the private sector interest in rental dwellings, would undertake such a checklist as a response to the citizen and to the Council's interest. The City is recommending such a check -list and is willing to reproduce a document such as the enclosure however, we always feel more comfortable when the private sector is willing to support and undertake such endeavors. I was most pleased to hear through Bob Hibbs of the support that you are giving to our new code requirement for smoke detectors in existing apartments and rooming houses. Bob tells me that your association is planning to buy a large number of these detectors and therefore receive a quantity discount price. I further understand that you are planning to offer the detectors at cost to members of your association in an effort to assist them in meeting the City's code while at the same time minimizing the cost for this compli- ance. We are most pleased with your support on this important life saving measure and if you will kindly provide me with a written verification of what I understand to be your program I would be able to better inform the City Manager and the Council. 1 look forward to hearing from you regarding both of the above items in the very near future. Sincerely yours, Z� Mic ael E. Kucharza , Director De artment of Housing & Inspection Services i 141CROFILMED RY JORM MICRO LAS f[1,1V P"T" ^r: t40I'[fS MILROFILMED BY JORM MICROLAB I I Lgniutrd Iroml Apartment 1.110 h, Maruddb Coruanbnn 14/S All rains nv;nwed. when you move out, settling the issue of damages in the apartment can be a grim and costly battle. It's your ward against theirs, unless you'te on record with details about the state of the apartment when you moved in. 'I'o avoid disputes over who's rc- splmsihle for damages, some Minne- sola apartment managers have taken the initiative with a detailed checklist. 4 WE DAYS FOR INSPECTION When a resident moves in, he or she receives an "apartment check -o IT list" j provided through the Minnesota Apart -merit Association (MAA).'Ihe resident then has live days to inspect the place and check till any flaws — front a crack in the refrigerator butter dish it) a hurt in the carpet. 'llicre's also Initial fur "miscellaneous" problems, Ron on the list. 'llic resident signs the list with the agreement that he or site will assume respunsihilty for any damages not pointed out. One copy of the list is tried with the (case until it's time to move. If the resident doesn't turn in the nca.c;, a f list within the five days, the agreement provides that the m:nmge- Dumt cul assume the apartment was in "A-1" condition when the resident moved in. Although Apartment Life recom- mends the MAA checklist as a step toward striving damages*disputes. you might want to delete the last line if you use it as a pattern to make up one of your own. In addition It) providing tt record that helps determine who pays fnr what when a resident moves, the Sys - tell, alsti is an incentive to renters to take it closer look at the place they're renting. Since the checklist was begun four years ago, the number of damage payment disputes in the participating aparm,ent complexes has been cul back, according to Ed Harrington, executive vice-president of the HIAA. U1 Address. CEDAR RAPIDS AND uE, IdkJ,JL:J+I.• APAR'I'MEXT CHECK OFF I.IS'1' Resident: -- Date of Occupancy. — Dale Condition of Carpet: Sporn --- Den's Clean sum% Condition of Walls: _ titan. Clean _ Oven Clean CondBmn of Doors: Condilinn Of Windows: Broiler pan Burners Dem pans n. Placa Clean Refrigerator Clean: Crisper Glass Shelves __ IM 11sys Egg Bon _— Buller Dish —Bursa Bos —Bread llor Cover — Bmad Baard — CUpntels•KIIchen Cuts Burns Cupboard:: clean Cupboard rnn,lilion Sink Stoppers Spray Nnrala Gmbagu disposal (working) Dishwasher — Air Conditioner _ TV Anlenna _ Bitnld Doors Vandios: Cuts-- llurns _Dirks: Barn _ Kitchen — Soap DsMI Towel Dans lolart Is Bath Cleans Vanity Mnmrs Intact Drapery Rods needed — Drapes: Damage __ Clean — rira{aane — Llght Fialures Clean Light Bulbs Innutlhnnl pIICI apptumrn•d Floors Ceilings __—Cnndnnn of scioans Keys: Mailbox Apartment _ Securely _Oumu number number number number Miscellaneous: I (We) have made an inspection of this Apatmonl $ lora10d — before occupying and have noted any and all divaer a lcros. I will assume nr.pan sbdny for any damages other Than the above listed items. resident Rnsidnnl It we do nal receive this cheekleil wuhm live (51 drys Ile, company will :-.sumo Ih:d upon eecephng The apartment you found it to be In A -t eonddiun. s• `4` , �^ 141CRUILMED By i JORM MICR+LAB rt'DAh ,rr. 1-10111!", MILROF1LMED BY JORM MICROLAB ' CEDAR RAPIUS AND ULS 1lultiLl, .uY+ DAMAGE DEPOSIT CHECKLIST Before taking possession of an apartment or soon after taking possession you should examine the apartment very carefully and list all existing damages on this sheet. Make one copy for your landlord and one for yourself and both you and your landlord should sign the list when it to finished. Kitchen: Problems?: Yes No Sink(clean?in working condition? connected to hot and cbld water?) _ Cabinets or Shelves(clean? in good condition? doors working?) Stove(clean? connected properly? burners all working?) Refrigerator(clean? operating properly? adequate coldness?) _ Window or Vent Fan(windows,rppefi? fan working?) Electrical outlets( two separate and remote outlets in working condition?) _ Floor(clean? water resistant?) _ Light fixture( working? secured properly? Walls(clean? cracks? nail holes?) _ Explanation of problems: Bathroom: Toilet (works properly? leaks?) _ Sink, Bathtub/Shower (connected to hot and cold water? working properly?) Door (closes properly?) _ Floor (clean7 water resistant?) _ Towel racks (secured properly?) — Cabinets or Shelves (clean7 doors working?) _ Window or Vent Fan(Window opens + closes? fan works?) — Light fixture (works properly?) Electrical outlet(works?) _ Explanation of problems: Livingroom: Floor or Carpeting (in good condition? clean? burns or holes? Walls ( clean? nail holes? cracks? falling plaster?) peeling paint?) t Light fixture (works?) Electrical outlets ( at least two working outlets? �,• a .,..�,_.____ I4ICROI ILI41D BY 1 JORM MIC R+LAO MILROFILMED BY JORM MICROLAB -2- Windows (open and close properly?) Explanation of problems: CEDAR RAPIDS AND DL5 1'IuiNL�, iuGn Yes No Eedroom(a): Floor or Carpeting (in good condition? clean? burns or holes?) -- Walls (clean? nail holes? peeling paint? cracks? falling plaster?) — Light fixtures (working?) -- Electrical outlets (at least two working outlets?) — Windows(open and close properly?) — iExplanation of problems: Structural Conditions: Windows (airtight? cracked? broken?) Screens (no holeg?) — Storm Windows (weather tight? cracked? broken?) — Doors (good working condition? weather tight?) -- -- Locke (good working condition?) — Stairs (in good condition? handrails on all sets with more than four steps?) _ Walls and Ceiling (no falling plaster? peeling paint? holes?) — Explanation of problems: I Furnishings: (If provided by landlord) Furniture (clean? in good condition?) Curtin@ or Drapes (clean? in good condition?) Air Conditioner or Fan (works properly?) ExplAnation of problems: Other: Adequate Heating and Hot water Exite ( There must be two possible means of exit) Rat and Roach Free? Explanation of problems: LESSEE DATE LESSOR DATE Y '�`�r�T•--`Of IL141D 0Y I JORM MICR+LAE Cf DSP 1,1PIT, 9(S MOP115 MILtWi ILMED BY JORM MICROLAB CEDAR RAPIDS AND ut5 1901�u�, !01111 city f 1 wa •, z y -7=1 '\ i.�t i DATE: April 21, 1978 TO: City Council FROM: Dennis R. Kraft, Director of Community Development RE: Senior Center As the work on the proposed Iowa City Senior Center progresses, it has become apparent that clarification of specific issues.Thseistparticularlyto the hessential because operation, and management of the center is necessary. P of the close physical proximity of the Senior Center and the Ecumenical Housing Corporation's (EHC) 100 unit Elderly Housing Project. Therefore, the following statements are transmitted to the City Council for discussion and subsequent decision at this -time: (1) Philosophy of Senior Center: It is the expressed intent of the City Council to develop and operate a a focal point for all older people of the senior center which will provide residence or religious belief. In order community regardless of place of to promote the achievement of this objective, it is essential that the center be designed in such a way as to have separate identity from the adjacent elderly housing structure. (2) Ownership and Operation: The Senior Center will be owned and operated by the City of Iowa City. (3) Facility Management: The Center Director will be appointed by and be responsible to the City clomparablertog other um program directorsnatlstructure. thedivision head level. will be (4) Relationship to EHC Housing Project: The Senior Center and the EIlC Elderly Housing facility are to be considered as two separate facilities each having its own identity. (5) The City Council will appoint a Board of Directors to guide Senior Center pro- gram policy decisions and to establish annual goals and objectives. The specific composition and responsibility of the Board of Directors will be more fully enumerated in a set of bylaws which will be drafted later this year. (6) The City Council intends to cooperate with EHC in effectuating measures of d efficiency in the construction and operation of the two facilities, p that the aforementioned statements are followed. Attached please find a more detailed draft statement on management -related decisions which was prepared by the Department of Community Development. DRK/ssw Attachment I41CRer MED BY DORM MICR(�LAB SQ 2- MILi(OFILMEU BY JORM MICROLAB LEDAk RAPIDS AMU UES IOWA CITY SENIOR CENTER 4/18/78 ISSUES PERTAINING TO MANAGEMENT DECISION I. Extent of involvement of elderly community in recommendation of management alternatives. Program Management: It is proposed that a Board of Directors be developed to guide Senior Center program policy decisions and to establish annual goals and objectives. This Board will probably be established in 1979 by City Council resolution. It is recommended that the activities of the Board be structured by a set of bylaws. Facility Management: It has been decided that the City Council will make all policy decisions regarding facility operations, i.e., building, grounds and equipment. The City Council will review and approve the annual budget for the Senior Center. All contracts exceeding $10,000 will be approved by the City Council. II. Isolation of philosophical differences between Ecumenical Housing Corporation and the City of Iowa City. The Senior Center will provide opportunities to all persons 55 years of age and older who reside in Johnson County (7-8,000) -- in contrast the EHC housing facility will serve 120-140 individuals. The Senior Center's primary purpose will be to provide a community focal point, i.e., a place where older people can meet, socialize, participate in activities and receive services that will satisfy their needs and assist them in remaining independent and involved in community activities. In contrast the housing facility's primary purpose is to provide basic shelter requirements. If adequate funding is available, services will be provided. Otherwise, they can be provided under contract by the Senior Center. III. Isolation of management preferences of the City of Iowa City. A. Degree of owner control desired Program Management: The Board of Directors will make policy decisions regarding programs to be carried out within the Senior Center. These will be subject to review by the City Council. Facility Management: The City Council will make all policy decisions regarding contracts over $10,000, City funded staff positions, annual budgets, and facility operations. B. Degree of continuous community input desired Program Issues: Extensive community input should be coordinated by the Board of Directors as they plan, implement, and evaluate programs MICROI ILMCD BY i JoRM MICR+LAB MILIWFILMLD BY JORM MICROLAB -'- for the Senior Center. LLUAR RAPIDS AND UL'; :'wi:iLI. .. Facility Issues: Formal processes have been established through which' citizens can impact all Council decisions, i.e., public hearings are held before the budget is adopted. A public hearing is required for all construction contracts exceeding $10,000. Public discussion is encouraged at all Council meetings. The planning department may from time to time carry out more systematic citizen input programs. C. Management accountability Program Issues: Goals and objectives will be developed annually for each program. Performance will be reviewed annually prior to approval of the next year's budget proposal. Facility Issues: Capital improvements and administrative activities will be reviewed annually. Projects will be implemented to comply with the center's goals and objectives as budget constraints allow. Ongoing facility operation will be under the direction of the City Manager. D. Staff accountability Program Issues: Program directors will be responsible for meeting established goals and objectives, utilizing staff and other resources. Personnel procedures and performance standards will be outlined in the center's management handbook. Program directors will be urged to apply uniform personnel procedures for all Senior Center employees. Program directors will work under the general supervision of the Senior Center Director. Facility Issues: The Senior Center director will work with the Board of Directors and the City Council to develop mutually acceptable annual goals and objectives and performance standards. The center director will be a City employee reporting directly to the City Manager. The director's performance will be formally reviewed annually. E. Degree of programmatic involvement of management Program Issues: Routine decisions will be made by the program directors. Major decisions will be made by the Board of Directors. Policy decisions will be made by the Board of Directors, consistent with the goals and objectives adopted by the City Council. Facility Issues: Routine decisions will be made by the Senior Center director. Major decisions will be made by the City Manager, but will be referred to the Board of Directors for comment. Policy decisions will be made by the City Council but will be referred to the Board of Directors for comment. F. Does the City desire to manage both facilities? The City will manage the Senior Center. It would be difficult to evaluate the ramifications of managing both facilities without first reviewing the scope of services, payment schedule, terms and conditions and other relevant data. MICROFILM BY 1 JORM MICR6LAS V!Nr, FIICRUFILi1LD BY JDRM MICRDLAB CEDAR RAPIDS AND UES Mu1NL�, !U4,, -3- IV. What are specifics of City of Iowa City requirements for Senior Center management, experience level, approval process, qualifications of management, legal requirements of municipality, purchase of service, etc? The City plans to manage the facility. Job descriptions will be developed for each employee specifying levels of experience, education and other qualifications. Details will be presented in the management handbook. Draft prepared by : Department of Community Development April 18, 1978 r MICROFILMED BY DORM MICR�LA9 CFDAR IIAPINS ?CS MOINES i M1L1(0FILNLD BY JORM MICROLAB LEDAR RAPIDS AND ULS 7iG:f Lo, ;Dar, city of t f AT DATE: April 20, 1978 TO: City Council FROM: Dennis Kraft, Director of Community Development RE: Pending decisions on the Comprehensive Plan Attached is a list of changes which have been proposed or requested by members of the City Council, the Planning and Zoning Commission, citizens and City staff. The items marked with an asterisk have been discussed by the City Council at previous informal meetings and I assume that these have been approved and the Comprehensive Plan map and text should be changed accordingly. Decisions still have to be made on the remaining items. In addition, decisions need to be made on Monday, April 24, on the following items: 1. Affirmation of Freeway 518 alignment. 2. Alignment of East and South bypass. 3. PF,Z recommendation on land use designation for the area outside the 20 year growth line but within the City limits on the west side. 4. Residential development sequence and phasing of capital projects (roads and sewers). PEZ will make a recommendation on the rezoning of the Northside Moratorium area according to the Comprehensive Plan on Thursday, April 27. On May 1 the City Council can then set a Public Hearing on rezoning the moratorium area for May 23, 1978. *An asterisk denotes that the item has been previously discussed by Council and consensus reached. Comprehensive Plan Land Use Map Changes *1. On the east side of N. Dubuque Street between Church Street and Park Road, change NE corner h block of Church and Dubuque from putty (8-16 DU/A) to sand (16-24 DU/A) and change la block depth on the east side of N. Dubuque Street north to Park Road from yellow (2-8 DU/A) to brown (25+ DU/A). These changes reflect the existing density in this area. *2. Change putty (8-16 DU/A) area east of Gilbert Street between Brown Street and Kimball Road to yellow (2-8 DU/A). This change was requested by P$Z at an earlier time. *3. Consider adding 15 acre neighborhood park south of Benton and east of Sunset near the moderate intensity residential area as described on p. 158, Appendix B. *4. Show only the City -owned landfill outside the City limits and the 20 year growth line. *5. Allow medical office use in block bounded by Jefferson, Lucas, Governor, and Ralston Creek. (Dr. Victor Edwards) - I 141CROFILIIED BY i DORM MICR6LAB rrnnv wa••^� • ��°, !4nlars m!t.R0FIU,1ED BY JORM MICROLAB City Council April 20, 1978 Page 2 • CEDAR RAPIDS AND ULS AUiNLI. :UeJ1 ;'ti 6. Reduce the residential density (currently at 16-24 DU/A - sand) in the area bounded in part by Jefferson, Johnson, Burlington, and Summit Streets. (David Perret) 7. Englert tract - request to remain open space. (Taft Speedway neighbors) (Council has to come to a final decision on this after reading the Englert tract litigation history.) B. Request for 2-8 DU/A land use in area south of Sheridan Avenue currently occupied in part by Advanced Drainage Systems (land use shown as 8-16 DU/A on map). (Schabillion and neighbors) 9. Request that the property between Mayflower Apartments and the Pownall house on North Dubuque Street remain single-family residential (shown as 2-8 DU/A on map). (Charles Cutler, et al) 10. Request to change alignment of 518 to DOT location and to zone land on west within City limits residential and not agricultural. (Slothower) 11. Request to add additional Highway Commercial zoning adjacent to Howard Johnson at I-80/Highway 1 interchange. (Charles Barker, Hawkeye Real Estate Investment Company) 12. Proposal by BDI for additional expansion opportunities for light and heavy industry. 13. Consider increasing the density between Dodge Street and Governor Street, north of the north lot line of Happy Hollow Park as extended to Dodge Street, from yellow (4-8 DU/A) to putty (8-16 DU/A). 14. Consider changing the red (commercial) color to striped red and dark brown (commercial and/or 25+ DU/A) between Burlington and Bowery Streets, and directly Y east of Gilbert Street; and on the half block directly west of Gilbert Street Q� between Court and Harrison Streets, and from directly west of Gilbert Street between Harrison and Prentiss Street to Ralston Creek. 15. Consider changing the red (commercial) color to dark brown (25+ DU/A) on the half block between Court and Harrison Streets directly east of Linn Street, and on the northwest corner of the block south of Harrison and east of Linn from the intersection of those streets to the creek. Id ILROf ILMLO BY i JORM MICR�LAB r1PAP PAPP)' • 'FS MOIBfS MluROFILMED BY JORM MICROLAB City Council April 20, 1978 Page 3 CEDAR RAPIDS AND ULS AUI;IL.,, iw+r Com rehensive Plan Text Changes Changes requested by City Council: 1. Page 1, after the last complete paragraph, insert as the first part of the next paragraph: "As discussed in thetext (in ndthe er Capital iallconstraints whimprovements chamust dbe Budget section), the City is operating considered in planning for the future. Therefore, the City may not be able to implement some recommended programs because of a lack of financial resources." In the following sentence change "prioritize" to "set priorities for". 2. Page 53, No. 3 - Substitute for "prioritize" the phrase "establish priorities for". 3. Page 53, Libraries and Cultural Affairs, No. 1 - Append "if approved by voter referendum." 4. Page 77, Energy, No. 2 - Append "and to incorporate energy conservation measures into building construction and design." S. Page 72, first sentence, delete "such as the University of Iowa power plant." 6. Page114-116 (and other referEitherences tallareferencespark to mandatory park bdedication No. 5; p. 55, No. 1 and 3) (including commentary on legality) will be deleted ornotptoaapproveadded mandatoryge 11 to the effect that City Council voted on �_ park dedication. ommission recommends the following changes: 7. Page 54, The Resource Conservation C e. Energy 2. Encourage and promote recycling efforts, and evaluate energy_ efficient alternatives to landfill. ycle costing, where relevant, as a basis for 3. (NEIN ITEM) Implement life c capital acquisitions. 4. (NEW ITEM) Check vehicle efficiencies and make improvementswhere ing features. necessary. In purchasing new vehicles, emphasize energy-saving 8, p. 103, Phase I Trafficways Projects (d), change to: "Construct Mormon Trek from Benton Street to the City limits." This conforms with the sequence map. levarans uencing 9 move p. cottBOuconstructionooftScott B uleva d from Rochesterruction conform with current lAvenue toe9Iuscatine AvenueAvenue from PhaseRoadtoaslLPhase IVAdd (a)11TrafficwayConstruct Scott ProjectsBoulevard from Rochester to ster MICROFILMED BY JORM MOCROLA13 MI)AP M0111S MiL,ROrlLMED BY JORM MICROLAB City Council April 20, 1978 Page 4 CEDAR RAPIDS AND ULS :IulNL: JYu. 10. Lakeside Drive extension was omitted from trafficway phasing projects. Add "Construct Lakeside Drive extension from Sycamore to South Gilbert Street" as Phase II Trafficways Project. Add "Construct Lakeside Drive from existing end to Sycamore" as Phase II1 Traffic Project. 11. Add to Phase I Improvements, p. 103: (e) "Begin construction of First Avenue north of Rochester Street." Delete (b) from Phase II. 12. Add to Phase II Improvements, p. 103: (c) "Continue construction of First Avenue north of Rochester." and (d) "Continue construction of Foster Road." (Items 8-12 are part of Item No. 4 listed for discussion on page 1 of this memo.) i. i Appendix B Changes 1. Preceding Appendix B, include notation as follows: "Appendix B consists of technical information which has been used by the staff in preparing the Land Use Nap. The standards and calculations included in this appendix have not been approved by the Planning and Zoning Commission separate from their use in the planning pro- cess. The Planning and Zoning Commission has reviewed and transmitted Appendix B to the City Council for consideration as part of the Comprehensive Plan Text." 2. p. 131, Add after line 10, "A 20 acre addition to Hickory Hill Park has been pro- posed. City Park (105.2 acres) is the second community city-wide park which serves Iowa City. The Community Facilities Report recommends provision of ten acres..." p. 131, fourth line from the bottom add after "seven acres" "(as opposed to ten acres)" per 1000 population... 3. p. 134, add to the last paragraph of the Park Allocation section: "calculated on page 139. Acreage which has been designated for potential school sites has not been included in park land calculations." 4, p. 151, delete "known as the Woods property." S. Revised Trafficways Section Other items raised at the Public Hearing April 11: 1. Request for more specific recommendations on transit improvements. (Morrissey) F 3 4. Provision of services to land within City Limits in Northwest corner of the City; this land is not included within the 20 year growth line. (Don Hoy, et al) Questions on cost of implementation of plan, acquisition of land through police power, and non -conforming uses. (Meardon letters) Questions on notification of property owners of zoning changes i 141CROrILI4CD BY JORM MICR+LAO trnnr. rnr!m-.10PIF (Neardon letters) mILROFILMED BY JORM MICROLAB city of + Y CEDAR RAPIDS AND ULS HUItILS, :U&, DATE: April 19, 1978 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public Works RE: Setting public hearing for Transit Barn Ventilation Project This project was originally investigated in the latter part of 1976. Cost tabulations are as follows: 1. Original cost estimate 10/76 - $11,500 2. Material cost increased (45% increase x 60% of project is 3,105 material) x $11,500 = 3. Labor cost increased (15% cost increase x 40% of project 690 is labor) x $11,500 = 4. Thermostat time clock and heater timer, 1,000 miscellaneous controls 16,295 10% contingency fee 1,630 17,925 Engineer's Estimate $18,000 of $20,000. A further description of this project will be made on May 1 before the public hearing. MICROFILMED BY I <i JORM MICR+LAB MIAP RAP1 ', • I)!" MOPJF, MII,RUFILi4LD BY JORM 141CROLAB CLDAR RAPIDS AND uLS IdU,11L� City o4 IowappC"Y MEMORAMDUIVI DATE: April 20, 1978 Jin. TO: Neal Berlin and City Council FROM: Gene Dietz, City Engineer RE: Alley between Court Street and Burlington/adjacent to Pentacrest Apartments and Breese Automotive A few weeks ago it came to our attention that Iowa -Illinois Gas and Electric Company had a project that would involve removing a great deal of the alley listed above to install an underground conduit run. At that point, staff discussed the desirability of replacing the existing 16 foot alley in its entirety with a new 20 foot pavement. Due to the traffic needs of the Pentacrest Garden Apartment complex and the fact that this was an opportunity to have another party sharing the cost, it is my recommendation that we proceed to replace the entire alley pavement. IIG&E has a contract that will begin shortly to install the conduit. Along with their installation price they received an approximate cost to replace half of the existing 16 foot alley pavement or eight feet. This cost was approximately $4,200. The entire replace- ment cost for the alley is estimated at $13,000. Public Works has discussed funding for such a project with the Finance Department and they feel that there are still funds left in the Special Assessment Account to cover our share of approximately S8,000-9,000. To give you an opportunity to make a decision on the desirability of this project, I have instructed IIG&E to make certain their contractor does not replace any of the pavement on their conduit project until they receive final okay from the City. If you do authorize us to proceed with the project, it will take approximately six weeks to get a formal contract out to bid. I would anticipate that IIG&E will be finished with their portion of the project well in advance of that time. Therefore, there would be an interim time that the alley would essentially be gravel. If the paving project proceeds, we will notify the adjacent property owners of the pending action. 6d S i141CROFILMED BY JORM MICR+LAB UnAll 611"IT,. . "F, 5101.0 PM 111UROFIU4ED BY JORN NICROLAB CEDAR RAPIUS AND UES AUItiLS, iUr+i: City o4 Io/pwaft t" , UNIVE MEMORIV DATE: pril 18, 1978 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public Works RE: Newsprint Recycling City Carton is not tabulating the weights of the newsprint they pick up under the City program since they are the customer for it. In general terms, they feel they were getting about 2.5 tons per day at the beginning of the program and now that is up to approximately 3.5 tons. T MICROFILMED BY JORM MICR+LAB crnnR P,AHns • Pfs MOVIFS iM 141LROFILi4LD BY JORM MICROLAB March 27, 1978 CEDAR RAPIDS AND UES iuw, JOHNSON CC'UNTY SEATS 538 S. Silbert Iowa City, la. 522A0 MEMORANDUM TO: Terry Fritz, Director, Iowa Department of Transportation, Public Transit Division ✓ Harold Donnelly, Chairman, Johnson County Board of Supervisors 7 1978 Mike Katchee, Mayor, City of Coral ville i Neal Berlin, City Manager, City of Iowa City � Emil Brandt, Director, Johnson County Regional Planning Commission James Elza, Director, East Central Iowa Association of Regional Planning Commissions i Russ Profit, Director, Heritage Agency on Aging FROM: Bill Hoekstra, Coordinator, Johnson County S.E.A.T.S. 1'</-- RE: Report on the Johnson County Coordinated Specialized Elderly and Handicapped Transportation Program. Enclosed is a report regarding the operations and expenditures of the Johnson County Coordinated Specialized Elderly and Handicapped Transportation Program for the months of December 1977, January and February 1978. cc: J Hugh Mose, Iowa City Transit ,41 Baker, Coralville Transit vRoger Boldt, East Central Iowa Association of Regional Planning Commissions Itililma Y,incade, Subcommittee on Specialized Transportation I Services for the Elderly and Handicapped 'Don Schaefer, Johnson County Regional Planning Commission i -Lisa Walz, Congregate Meals Doris Bridgeman, Johnson County Council on Aging am 1141001 WILD BY JORM MICR+LAB rrnnn pnivnr, •yrs rmciFF f40LR0F1LMEU BY JORM 141CROLAB 1) Quarterly Report on Operations LEDAR RAPIUS ANO ULS Mui;ilj, iue.. Page 1 For the months of December, January, and February, a total of 5001 trips were provided for the rural and urban service. This figure is lower in comparison with the figure on the last report, due to the fact that the above months were short ones. The trips were distributed as shown on Table I. TABLE I AREA NO. OF TRIPS Iowa City 2105 Coralville 420 Johnson Count inc. Congregate Meals 2476 TOTAL 7 5001 For the Iowa City-Coralville service, a total of 2525 trips were provided in the three month period. This level of ridership places this program slightly above the target ridership goal of 800 trips per month. Fares collected for this service totaled :1,026.50 for Iowa City, and $161.50 for Coralville. These funds have been credited to Iowa City and Coralville accounts. Total revenue miles for the urban system totaled 10,284 miles and the passenger miles totaled 13,988 for the three month period. 2) Report on Budget and Expenses Table II (on page 3), provides an itemization of expenses incurred by the urban area for the months of December, January, and February. This format of the budget conforms to page 8 of the "Proposal for the Iowa City-Coralville Urban Elderly and Handicapped Transportation Service." Actual expenditures for the three month period totalled $8,725.75. 3) Other I a) S.E.A.T.S. Advisory Committee The S.E.A.T.S. Advisory Committee was formed and met. The committee consists of six rural representatives and six urban representatives, and persons from various organizations having to do with the elderly and handicapped. The committee will meet on the first Wednesday of every month at 1;00pm in the Senior Citizen Center. The committee was formed to obtain constructive suggestions and ideas from those who ride the S.E.A.T.S. bus. i MICROFILMED BY JORM MICR+LAB CMAP P.VI"� • ')Ft MOIYf.S MICROFILMED BY JORM MICROLAB CEDAR RAPIDS ANU UES Page 2 3) Other Items, (cont'd) b) Purchase of New Van Johnson County S.E.A.T.S. has purchased a new van for the rural area. Funding came from a capital assistance qrant from IDOT and county monies. Since the new bus won't be used in the rural area until April 1, 1978, we are using it to pick up urban area elderly and handicapped. It is equipped with a ramp that has been installed Permanently. c) Advetising and Promotional Activities Johnson County S.E.A.T.S. has taken a different approach to advertising for riders. What we are doing is having volunteers call the elderly and handicapped individuals in the urban area. tj These voluteers are the elderly themselves. They tell about the services offered and how much it costs to ride, etc. 1' .d) The Subcommittee on Specialized Transportation for Elderly and Handicapped This committee will be meeting in the near future. Johnson County Regional Planning Commission is responsible for this committee. e) We are exploring the possibility of installing two way radios in the buses. This would help us in cases of emergencies and cancellations of appointments. Y••Rt"" MICROFILMED BY JORM MICR¢LAB (71AP NM IP$ o(S Id01'!FS DORM MIC R+LAB MAP AOI116 mlwL 01 16 -IED BY JURM MICROLAB CEDAR RANIUS AND ULj City of Iowa City - MEMORANDUM DATE: April 18, 1978 TO: Neal Berlin and City Council FROM: Dick Plastino, Director of Public Works RE: Monthly Report - March ue„ PUBLIC WORKS ADMINISTRATION Transit Gara a Ventilation Project - Design is completed and public hearings wi be el in pri . Parking Garage Block 83-84 - Prime tenant contract has been signed and Phase A of the contract will be completed approximately two weeks behind schedule. Phase B, the economic analysis, is underway. Service Building Addition - Preliminary designs have been presented to the City and cost estimates are being prepared. South Branch Storm Water Detention Area Environmental Review Record - A rough draft of the Environmental Review Record as been completed. A contract for an archaeological survey in the area has been signed. Nickor Hill Storm Water Detention Area - The Environmental Review Record is un erway. Demolition and Site Clearance Contract N6 - The former owner of the house on Madison Street has refused to move out and has appealed to the University for relief. A second deadline of May 1 has been worked out to perhaps clear up this situation. The Iowa State Bank and Trust Building will be taken down as soon as drives, lots, and alleys are paved at the new site. Northeast Water Tank Site - A second offer to purchase has been sent to Bruce Glasgow. Recreation Center Elevator/Rest Rooms - The elevator frame is being installed and work is continuing nicely. Modular Renovation of the Service Building - Most of the work has been completed with the exception a new A contract has been let for this roof, Ralston Creek Interimre Projects - The contractor has substantially completed the Benton Street sewer Etat on and will begin work on the Iowa Avenue relocation in April. Ralston Creek Watershed Management Plan - A rough draft will be submitted in VP F17 . MICROFILnCD BY i JORM MICROLAB M9M, PAN( ' hf5 !401'7F5 I.11LROFILMED BY JORM NICROLAB March Monthly Report Page 2 ENGINEERING DIVISION CEDAR RAPIDS AND ULS NUINL,, :Uv -1 The job status of all projects is listed on a scheduling chart in the City Manager's Conference Room. A public hearing will be held on the South Gilbert Street Corridor on April 18. The Engineering Division is short two Engineering Technicians and advertisements are being placed in papers during the first two weeks in April. STREET DIVISION See attached memo. SOLID WASTE DIVISION I See attached summary sheet. F J TRANSIT DIVISION See attached memo. WATER DIVISION There were a total of 6 water main breaks during the month. 19 new meters were installed and 128 outside readers were installed. The high head pumps were repaired and repacked. Several employees in the division attended the Iowa Regional meeting in Fairfield. Chemical usage was high due to the extremely bad quality of the river water due to spring runoff. TRAFFIC ENGINEERING DIVISION The Traffic Engineer held meetings with the Regional Planning Commission concerning the Comprehensive Plan; with Lincoln School concerning a parking problem; with Billie Hauber concerning cemetery gates; with the Legal staff concerning the Model Traffic Ordinance, Amadon, and Conners; with Iowa -Illinois Gas and Electric concerning 6/1/218 and street lights; and with staff concerning bus shelters and stops, Hy-Vee/Highway 6, Southgate and Broadway, and the parking ramp. The east -west one-way couplet is awaiting a weather break for construction to start. The Highway 6/1/218 project is complete. The Gilbert/Bowery/Prentiss intersection design is in a preliminary design phase. This is being done by a consultant. EQUIPMENT DIVISION See attached memo. q.... -fir;. 141crori LMED BY i JORM MICR+LAB f f DAR PVM' nr°. Vm!'IES h11GROFILMLD BY JORM MICROLAB March Monthly Report Page 3 • CEDAR RAPIDS AND UES MUINL�, iU++A POLLUTION CONTROL DIVISION 61 manhours were spent working on lift stations. There were seven sewer stoppages of which 3 were were City responsibility. 2000 feet of sewer was rodded and 300 feet were flushed. The position of Maintenance Worker II has been filled. A clerk/typist has been hired under CETA funds. The apparatus blending sewer gas with natural gas is finally on line and works extremely well with a one to seven natural gas/sewage gas proportion. 14ICROFILMED BY JORM MICR+LAB CCDAP RAN DS - DES MOINrt MICRU•tILNED BY JORM MICROLAB CEDAR RAPIDS AND DL`., ;IUCiLo, Dje", City of Iowa Cit, MEMORANDUM TO: CRAIG MINTER FROM; CINDY DU BOIS If: MARCH MONTHLY REPORT 1431.1 ANNUAL LEAVE 1431.2 CLERICAL 1431.3 HOLIDAY/PERSONAL 1431.4 INSPECTION 1431.5 TRAINING 1431.6 SICK LEAVE 1431.7 SUPERVISION 1431.8 YARD MAINTENANCE 1431.9 MISC. GEN. EXPENSE 3880.0 MODULAR EXPENSE 1432.1 ALLEY REPAIR 1432.2 COLD MIX PATCHING 1432.6 ROCK ROAD REPAIR 1432.8 TEMPORARY REPAIR 1435.6 ROCK ROAD BLADING 1435.9 STREET SWEEPING DAM APRIL 1, 1978 WORK UNIT MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS MAN HOURS 17.4 TONS GRAVEL 29.79 TONS ROCK 233.52 TONS COLD MIX 149.87 TONS GRAVEL MAN HOURS 4 PASS MILES 330.5 CUBIC YARDS 328 CURB MILES 1436.1 CATCH BASINS 51 EACH 1437.1 AIRPORT MAINTENANCE MAN HOURS 1437.6 SPECIAL WORK/REFUSE MAN HOURS MAN HOURS 1437.9 WORK PERFORMED BY FORCE 1438.4 PLOWING SNOW 235 PASS MILES 1438.6 SPREADING SALT/ 578.25 TONS OSANDALT SAND 650 POUNDS CALCIUM 1438.9 CLEANING BRIDGES MAN HOURS MAN HOURS 103. 181.5 37.5 318.03 62.5 131. 128. 3. 280.5 O.T. .85 1004.5 10 1096.34 O.T. .25 50.5 22. 5. 210. O.T. 3. 92. 9. 28- 17. 69.5 O.T. 43.09 149.5 O.T.132.17 134.5 TOTAL MAN HOURS 4,142.87 TOTAL OVERTIME HOURS 179.36 TOTAL MAN HOURS EXPENDED 4,322.23 TOTAL PAYROLL OVERTIME HRS. 269.04 TOTAL PAYROLL HOURS EXPENDED 4,411.91 t•--af' 141CROFILIIED BY � I JORM MICR+LAS MAP PlT`IP'. ^rS 410 MICS 1410k0Fil_NEU BY JURM MICROLAB CLDAk RAPIDS AND JLS IdU:IIL MONTHLY REFUS. DATA SHEET l CITY OF IL) CITY Month /f/�cK r ft � 1978 MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY aY M.H. Tons Miles M.H. Tons Miles M.H. Tons Miles M.H. Tons Miles M.H. Tons Miles 1 sst �a .x/1/9 9 8 AL 232.42 1a9.7(o j '/98 130.9 'Y'/S 287.39 /53./(n 1 45v_*r 1289.691/69. 9 'O .1.1;:? 93,961 J9.2.6.5 1 /7-� M.H/Ton I, 3a M.H/Ton 1.77 M.H./Ton 1. 88 M.H./Ton 1.70 M.H./Ton x.70 Tons/Mile ato Tons/Mile pq Tons/Mile .30 Tons/Mile Tons/Mile as SUMMARY: TOTAL MAN-HOURS i5. 7,7 TOTAL TONS 75Y. 53 TOTAL MILES ? g, SO M.H./Ton /,77 Tons/Mile .a(o 141 CROP I LIED BY 1 JORM MICR(�LAB f(Dl,R I')IT' '.'r<. MOIvf9 1-11GkOFILMED BY JORM MICROLAB CEDAk RAPIDS AND DLS 14GIfiL :Uig.+ city Of IOWA CKW MEMORANDUM 0ATI1 April 10, 1978 1G1 Richard Plastino, Director of Public Works FROM; Hugh Mose, Transit Manager ///gym RE: Monthly Report for March In March transit ridership continued its remarkable increase over a year ago, with 160,400 passengers carried during the month. In March of 1977 only 132,900 passengers rode the bus, meaning we experienced an increase in ridership of 21%. Evening bus ridership also remained high, in spite of Spring Break at the University of Iowa. Average nighttime patronage was 322 passengers per evening. During the month of March three new drivers were hired to replace three others who resigned. Dennis Lookingbill and Michael Cunningham were hired as temporary employees, and Steve Perez transferred to Transit from the Streets Division. The mechanical condition of the buses was a constant problem all month long. On many days we had no spare bus available in case of accident or breakdown, and on two occasions we were for forced to use an automobile as a substitute bus. Conditions deteriorated as major breakdowns continued to occur, until on March 30th we did not even have enough buses to cover our regular runs, and we were forced to borrow a bus from the Coralville Transit System. By April lst, however, the situation seemed to be improving, with only two buses out of service with major problems. As street conditions improved, our accident frequency decreased, with only three minor accidents reported during the month. One additional mishap occured in the bus barn when the front overhead door was struck and badly damaged by a bus being moved with insufficient air pressure to operate the brakes. �...._, t'r 141CROFILMED BY DORM MICR4�LAB rFDA^ V,1rlp' • 'Ir< 110!t4r5 r-llukuF ILh1ED BY JORM 141CROLAB LEDAR RAPIDS AND UL. 11U NL:,, iJeJl. City of Iowa City MEMORANDUM DATE: April 7, 1978 TO: Dick Plastino FROM: Kathy Knoll RE: Monthly report for March: The following work was done for these departments in March: STREET Repaired electrical system, installed new front springs and front shocks on #202A, GMC dump truck. Make and installed hoist lever and fix lights on #209, GMC flatbed. Tune-up, repair lites and repair fuel gauges on #210, IHC dump truck. Inspected and prepared for use a new crack sealing machine #234. Repaired exhaust system and charging system on #236, IHC dump truck. Rebuiengine and andrepair exhaust on repaired dump box#247, hoistJonn#289 Teder, Ford flatbed. Replaced throttle cable on #299, IHC dump truck. Installed new brooms, repaired electrical short in rear brool solenoid and prepared for on the street operations on #229A, FMC sweeper. TRANSIT Rebuild water pump and rebuild governor assy. on #604, GMC coach. Replaced rear bearings and rear links, replace stablizer links and radius cushions for steering and repair air leak in air bags on #605, GMC coach. Installed rebuilt transmission, replaced king pins on front and repair brakes. Replaced air bags and installed rebuilt air compressor on #606, GMC coach. Rebuilt generator for #607, GMC coach. Repaired engine starting system on #608, GMC coach. Repaired transmission oil leak and repaired speedometer on #609, GMC coach. Repaired suspension on front and rear, repaired and rebuild starter and repaired air leaks on #610, GMC coach. Repaired odometer, fix sticking throttle, adjust brakes and repair oil leak on #612, GMC coach. Repaired heater and defroster on #613, GMC coach. Replaced brake cam and bushings on #614, GMC coach. Repaired stablizer links on #615, Flxible coach. Rebuild differential carrier assy, on #671, GMC coach. 1IICR01n14CD BY . i JORM MICR+LAB ff9AP P', !An 7!JF 141CROFILi•1LD BY JORM MICROLAB 11913 FROM: CEDAR RAPIDS AND ULS I•lUild„ ;U+i., City of Iowa City MEMORANDUM RE: Monthly report cont. REFUSE DATE: Rebuilt steering cylinder, overhauled engine and over- hauled transmission on #972, John Deere loader. Installed hour meter on #799, Cat dozer Repaired PTO shaft, replaced brake treadle valve, adjust brakes and repaired hydraulic lines on #801, Ford garbag< truck. Repaired PTO dhaft and replaced throttle valve on #802, Ford garbage truck. Installed heater fan and switch on #807, Cat. compactor POLLUTION CONTROL Fixed exhaust system and checked charging system on #732 Dodge pickup. Received new truck, inspected and prepared for use and is operation #733, Chevy Tuned engine and checked valv- lifters on #736, Ford flatbed. Repaired oil leak in rear engine and replaced hydraulic hoses on #776, GMC flusher truck. Tuned engine and replaced fuel pump and rebuilt carbrue- tor on #787, Gorman -Rupp pump. PM pumps for Pollution. ENGINEERING Adjusted valves, replaced choke, replaced carb.-solenoid and did a minor tune-up on #109, Chevy panel truck. Check out and repair engine for oil consumption on #113 Chevy Sedan. EQUIPMENT AND EQUIPMENT POOL TRUCKS Repaired starter on #30, Ford van. Overhauled carbruetor and repair safety neutral switch o> #180, Dodge pickup. Installed new ignition on #186, Jenny hot pressure washe: Installed cable operated PTO control on #208A, GMC dump truck. Fixed hinge on door and repaired exhaust on #905, IHC dump truck. Fixed broken manifold and installed new clutch on #9055, Highway spreader. MICROFILMED BY i JORM MICR+LAB MAP OAP RAPI11. }f0mf S r4ICROFIL;- U BY JORM MICROLAB CEUAk RAPIDS AfIU UL, AUTAL:; City of Iowa city MEMORANDUM DATE: TO: FROM: RE: Monthly report cont. U"„.. Repaired PTO shaft installed frontlenginedummounts and repaired ignition system on #906, WATER Repaired exhaust system, replaced cylinder gasket and repaired ignition system on #91 Chevy Nova. Had engine valves grinded for #36, Ford flatbed.Dod4 e Repaired exhaust and repaired fuel tank on #38, van. MISC. Repaired carbruetor on #32, Dodge Sedan. P1 mouth Fixed exhaust and repair washers on #101, y Sedan for Parks. mouth Sedan, for Housing Tuned engine on #119, Plymouth Pickup for Repaired ignition system on #310, Dodge Traffic Chevy Station wagon for Fire Dept. Tuned engine, grind valves, Tuned engine on installed new u -joints, re- nd Dode paired exhaust and repaired carbruetor on #369, 4 van for Fire Dept. Installed clutch linkage, gear shift collar and new ign- ition switch on #832, Dodge van for Police. Repaired charging system and adjusted carbruetor on #980 Datsun, pickup for Parking System. Rebuilt spare differential for stock. b two (2) One (1) week was spent out at the Landfill, Y mechanics whor ere welding a new steel floor in the barn Completed app `r Iucnonuaen or JORM MrCR+LAB rrpAP PMIS' 'qS F10!'ICS I41LRO1ILMLU BY JURM MICROLAR CEUAk RAPIDS AHU OL ,r -action alert- NEW HIGHWAYS VS PUBLIC TRANSIT your letters today can make the difference Major decisions on highways and mass transit programs are now before Congress. While the House considers legislation to extend and increase the funding level for the Highway Trust Fund (see back for details on the House action), the Senate will shortly be focusing on how the Trust Fund money is spent and what the present and future highway construction priorities should be. This important Senate effort will be in the form of amending the Federal Aid to Highways Act (FAHA). The poli- tics of this issue are very complicated, particularly because the relevant com- mittees in both houses of Congress vary considerably in their sympathy toward en- vironmental concerns. You are receiving this mailing because one of your senators is on the Senate Subconmittee on Transportation, because your representative is an important member of the House Ways E Means Committee, or because you are on our "transportation activists" list. Your help is needed if we are to begin moving national trans- portation policy away from new and expanded highway construction and toward a greater emphasis on public transit. There are several versions of the FAHA amendments being designed. The High- way Action Coalition, which includes the Sierra Club, has been working with Sena- tors Edward Kennedy (D -MA) and Lowell Weicker (R -CT) in drafting a bill which will be introduced around April 11. The Carter Administration also has a bill which, although it is a step in the right direction, does not go far enough. The Kennedy- Weicker bill supports a number of recommendations made by the administration, but most of the provisions are our own. In addition, the Senate Environment b Public Works Committee has already begun drafting its version of the FAHA. The Transportation Subconmittee of this committee will begin "mark-up" of the bill on April 12, and the full committee will act on it towards the end of April. Their final draft will be considered by the Senate in May. Environmentalists hope to see the points described below, which are the best from both the Kennedy-Weicker and administration bills, incorporated into the committee's final recommendation. Time is short. Concerned environmentalists should write their senators today, expressing their opposition to massive new highway construction and support for the changes listed below. It is particularly important to write those senators on the Environment L Public Works Committee. Public opinion is on our side, and our senators should know it. The Department of Transportation released last month a public opinion poll which showed that two-thirds of the American people believe there are already enough major and minor roads. Three out of five think that there are already enough Interstate Highways. The majority of those polled strongly affirmed the need for more mass transit, and over half believed that bus service ought to be expanded. Here is what we hope to accomplish by changing the Federal Aid to Highways Act, and some of our most important amendments to achieve these goals: ,M Mi CROF ILMEO BY JORM MICR LAB 'Fnhn V9"!)'. . 9F,. in!%r MiukOF1LM.0 BY JORM 141CROLAB CEDAR RAP IUS AND uL, 1ulI�L REDUCE THE AMOUNT OF NEW HIGHWAY CONSTRUCTION While it may not be possible to get Congress to simply cut back the amount of money available for new highway building, it is possible to attain our goal of less actual construction. We can achieve this by permitting states and cities to shift their use of federal highway money from building new highways and widening existing ones to other transportation programs. • More Mon for Flaintenance--The federal government should allow cities and states to use federa construction money to keep present roads in decent repair. • No Increase in Federal Matching Funds --The federal matching share for nein highway construction should not be rat.sed from the current level of 70 federal/ 30 state. If the government lowers the cost to states for road building by bearing a greater portion of expense, it will encourage states to expand their highway systems unnecessarily. • To End the Interstate System b1986 --The administration's efforts to put an end to the Interstate System by 2986 s F0uld be supported. MORE MONEY FOR PUBLIC TRANSIT While the Environment L Public Works Committee does not have Jurisdiction over the Urban Mass Transit Act, it can do a lot to further the 1973 victory which opened the Highway Trust Fund to transit alternatives. • Open Up Highway honey far Transit Projects --Money previously earmarked for highwaysa alyohue to a us ed for transit expenses. The energy crisis, the recently -passed Clean Air Act Amendments (which establish strict air quality stand- ards), and the President's new urban policy (aimed largely at reorienting federal programs away from the suburbs and back to the Inner city) all will require greater dependence on mass transit. • End Biases Against Transit --We support Senators Kennedy's and Welcker's efforts to end existing biases against transit. Under the Federal Aid to Highways Act, the state highway departments are empowered to make all decisions that affect "the highways." While at first this may seem reasonable, "highway programs" now include mass transit transfers. Intermodal planning should be done by entities with a broad focus. The Act also forbids use of mass transit transfer money for operating costs. At present, transfer money can only be used for capital costs. Both capital and operating costs should be allowed. • Strengthen Interstate Transfer --Transit projects substituted for inter- state highways should e funded at the same matching ratio as the interstate itself, i.e., 90 federal/10 state. As it stands now, cities that opt for transit substitutes 'to highways are penalized because transit projects are only funded at 80/20. PROTECT THE ENVIRONMENT AND CONSERVE ENERGY Amendments to the Federal Aid to Highways Act which assure protection of the environment and conservation of energy will also clearly favor transit programs, or at least will prevent highway construction which negatively affects other national priorities. MICROFILMED BY JORM MICR4ILAB rrnAP P,';" ^J ', 1-0nIY6 1h1lt,kof !L&O BY JORM MICROLAB CLUAR RAPIJS AND uLS Mui:iLD Jn", Concerned environmentalists should tell their senators to support the Kennedy- Weicker amendments which: • Require that all plans and project selection processes consider alternatives capable of meeting legitimate transportation needs. • Establish strong federal criteria to ensure that the projects chosen do the least damage to the environment,- energy conservation goals, and revitalization of the inner cities. • Make all transportation projects demonstrate compliance with federal eonmwlity development plans and federal environment and energy laws --particularly with the Clean Air Act. PRESERVE ENVIRONMENTAL PROTECTION LAWS Conservationists have been able to halt ill-conceived highway projects which encroach upon parklands by using section 4(f) of the Department of Transportation Act. This provision forbids the construction of federally funded highways through parklands unless it can be proven that no feasible and prudent alternative exists. For example, the construction of 1-40 through Overton Park in Memphis, Tennessee, has been halted by a Supreme Court ruling and a recent decision by Transportation Secretary Brock Adams because 4(f) has not been complied with and alternatives have not been fully considered. Section 4(f) is now endangered by legislative threat to overturn these decisions. Special provisions which treat individual highway projects differently from the federal laws applying to all highway projects have the effect of denying equal pro- tection under the law. Furthermore, creating precedents which have the effect of allowing controversial highway projects special exemptions will result in a nibbling away of the protection afforded by federal environmental protection laws. There is also a possibility that there may be attempts to weaken Section 4(f). Conservationists should ask their senators not to amend Section 4(f) of the DOT Act or include any special provision on I-40 and Overton Park. WHAT YOU CAN DO: Write a letter to your senators, particularly if one of them is on the Senate Transportation Subcommittee (see list below), expressing your belief that the Federal Aid to Highways Act must be amended to ensure less highway construction and more masa transit development. in your letter use some or all of the arguments and amend- ments we have mentioned. Don't worry about the length or detail of your letter; even a few sentences will do. You don't have to be an expert to tell your senator how you feel about the Federal Aid to Highways Act. As long as your correspondence is clear and rational, it will be effective. Pima is short, so act today if you can. Senate Environment 6 Public Works Committee* Democrats Jennings Randolph (WV) Edmund S. Muskie (ME) Mike Gravel (AK) *Lloyd Bentsen (Tx) *John C. Culver (IA) Gary Hart (CO) Wendell R. Anderson (MN *Daniel P. Moynihan 01Y *Quentin N. Burdick (ND Republicans *Robert T. Stafford (VT) Howard H. Baker (TN) James A. McClure (ID) *Pete V. Domenicl (NM) *John H. Chaffee (RI) Malcolm Wallop (WY) *members of the Transportation Subcommittee MiCRnFILIALD BY 1 JORM MICR+LAB Cf PSR Usr liv arc, V10I'U'`. r4iC(OFILMLO BY JORM MICROLAB LLUAR RAPIuS AND L)LS NUiiLL,, .J+"' T ABOUT THE HIGHWAY TRUST FUND. Congressional action on the Highway Trust Fund (HTF) has already begun. Soon, the House Ways G Means Committee will be deciding whether or Howard t(DextendChairman the HTF, and if extended, at what level of funding. Rep. of the House Public Works Subcommittee on Surface Transportation, is proposing a $2 billion increase in Trust Fund revenues. It now appears that some HTF extension is a foregone conclusion. The same is not so for an increase in revenues, and your letters could have an effect on that decision. Contrary to what many people believe, the HTF simply authorizes raising "user taxes" on cars and trucks --it is a financing mechanism. HTF legislation does not determine how the money is spent; that is controlled by the Federal Aid to Highways Act. This distinction is important since different congressional committees deal with the Trust Fund and the FAHA. We will make our major effort to change the sub- stance of highway legislation (the FAHA) in the Senate Environment G Public Works Committee. (That Senate Committee has consistently been more sympathetic to our viewpoint than the House Public Works Committee.) While we cannot ask the Ways G Means Committee to change how Trust Fund money is spent, we can point to the traditional pro -highway biases in the FAHA to argue that continuation of the HTF, much less an increase in its revenues, is illegitimate, wasteful, and destructive to other national priorities. If we fail in our attempt to repeal the Trust Fund outright, it is imperative that we defeat efforts to increase its revenues. The proposal by Rep. Howard for a 2� gas tax is ludicrous. The President wants increased gas taxes in order to discourage gas guzzling, yet the additional gas tax revenue generated by the Howard proposal would be used to encourage more driving. Because it is an election year, increasing taxes will not be popular in Congress, and our chances of defeating a new gas tax are excellent. Concerned readers should write their representative expressing their opposi- Cirm t ion 6 Meato ns highway ightteel f you a usnd send accopy too l Ul man,two sehatoran of the House If you can, please send us a "blind copy" (l.e., no "cc: Sierra Club" at the bottom ies of r's and Sof endothesetter). Also to: NationaleCampaignnd us pAssistantl,rSierraoClub, 530eBushentatSt., Sanve sFrancisco, CA 94108. SIERRA CLUB 530 Bush Strcct San Francisco, California 94100 �a•N,� FIRST CLASS MAIL j U.S. POSTAGE PAID " PERMIT 110286 FIRST CLASS MAIL 141CIZOI WILD By JORM MICR40LAB f!'Diif ugr!r. al h1iLRUIILMLO BY JURM MICROLAB CEDAR RAPIDS AND uL:, Auiti_,, Know-it-alls knocked When nine -term Democratic tively, sure that they're righton is - Rep. Otis Pike of suburban Long sues which to me are very close or troubling. I have often wished that I Island, New York, announced could see issues as clear and simple some time ago that he would not and .4 -sided as either doctrinaire run again, his swan song shed so liberals or doctrinaire conservatives much illumination on a congress- do.ofthe predictabhe. Congress is ornpwtely Two-thirds man's predicament these days that he's been quoted ever since. "it is more difficult being a mod• crate, being able to see some validity - A sensitive and thoughtful on both sides of an argument, and man, Pike ran through a long then having to either try to work out ' string of reasons to leave: His some suitable compromise or vote for one side or the other. The com- urge to work beyond the call had will be unacceptable to both ' (lagged; giving less than his best promise sides. The vote will be troublesome ;i wouldn't do. The day -and -night because you're never all chat sure right, andhalf the people will job pattern had become a bore. you're be absolutely certain you're t Increasingly, its goldfish bowl wrong.... aspects overstepped his privacy „I am tired of pretending that ' too much. Inequities in side- the accumulated wisdom of the ages work ethics for House members has been secretly entrusted only to made no sense. Fiscal irresponsi- Democratic candidates and Demo• bility on all hands got him down. cratic office holders. Some Republi• Trivia and drivel in House busi• can candidates are better than some Democratic candidates. Some Re• ness wasted too much time. A publican congressmen are great. I good pension beckoned. would like to feel free to say so with. out being accused of treason or in. Two or three more reasons gratitude." seem especially Instructive for the distant homefolks who send A useful message coming out s any congressman to Washington, that could something like whatever name his party bears: of this: Polarized constituents and polarized parties are equally in - • "... People bug me more than they used to. They are asking their imical to good representation. government to do more for them, Conscientious public service and are willing to do less and less for may be Incompatible with both. themselves. This is a broad generali• If the two-party system has a fu- zation, and surely unfair to many people. But the people who write to lure In this country, more respect their congressman ... these days are for overlaps and artful politics on more and more demanding, and the middle ground will have to show demands get more and more shrill. from both ends. Without it, one No one 'requests' or 'asks' anymore; ascendant name may dominate they'demand.' tomorrow's game: Independent, • "The people who bug me most with a capital I. are people who are absolutely. post- i 14ICROIAMED DY DORM MiCR+LA6 CrpAl:• P.AP I!v;. . 'trr +101!IfL J Vb, M 141CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES h10iNE5, 10?JA ® johnson county ® regional planning commission IM T Isabel Turner Cro�,oe.m. ®/2 south dubuque street, iowo city. Iowa 52240 (319) 351-8556 Emil L. Brandt E,eMrva a,«b April 20, 1978 MEETING NOTICE Family and Individual Life Subcommittee Subgroups A and B j Thursday, April 27, 1978 8:00 A.M. First Christian Church Lounge (Use alley entrance) Iowa City, Iowa 52240 AGENDA 1) Joint meeting of both subgroups to review where we've been, where we are, and directions we will be taking. Then break into subgroups. Subgroup A 1) Discuss nursing home minutes. 2) Review rough draft of certain segments of Developmental and Acquired Disabilities Profile (this will be mailed on Tues- day - please bring). I 3) Discuss, if time permits, Nome Management/Functional Education concerns. I Subgroup B I 1) Discuss day care center provider minutes (to be handed out at this meeting), 2) Discuss family planning area. MICROFIL14E0 BY .i JORM MIGR+LAB CTDAR PANDS • 'rf t -I 'I[. l 6iiu<Ui I1_14ED BY DORM MICRULAB CEDAR kAP105 AND OL" ;b;:hL-, ® johnson county ® regional planning commission Isobel Turner erovrrevx. ® 22/2 south dubuque street, iowo city, iowc 52240 (319) 351-8556 Emil L, Brandt e..cwre woch� April 13, 1978 MINUTES Family and Individual Life Subcommittee Subgroup A April 6, 1978 8:00 A.M. First Christian Church Iowa City, Iowa MEMBERS PRESENT: Kathy Kelly (Chair), Donna Hinkle (for Benny Leonard), Katy Kruse, Florence Spaine (Subgroup B), Jeannie Williams GUESTS PRESENT: Margaret Donnelly, Steven Dowd, Mike Edwards, Sally.St. John, Nancy Johnson, Marg Strabala, John Tufflo, Sid Vanderwoude, Beth Walsh, Tom Weller STAFF: Larry Allen, Sally Baldus, Pam Ramser The meeting was called to order at approximately 8:10 a.m. by Kathy Kelly. Ms. Kelly and Mr. Allen explained the purpose of this meeting as well as the overall background and purpose of the human services study. The meeting then focused on the list of nursing home questions prepared by Subgroup A for the providers to address. The numbers in the parentheses will coincide with the numbers on the list of questions. 1. (2b) Mr. Vanderwoude opened the discussion on this topic by stating that there are only 26 skilled nursing home patients in the state. (lie may have meant 26 skilled nursing home facilities.) At this point discussion ensued about: the criteria for skilled nursing care. It was resolved that skilled nursing patients meant patients who were diagnosed as in need of care in a licensed skilled nursing home facility. Therefore, certain criteria (e.g., staff -patient ratio, 24-hour. R.N. nursing services available, etc.) must be met. It was pointed out that Oaknoll is the only nursing home facility in Johnson County that provides "skilled" nursing care and that their situation is unique in that• Oaknoll's residents have priority for available skilled nursing home beds. Mr. Allen pointed out that: Oaknoll's questionnaire response alluded to the fact that skilled nursing home referrals were being made to Cedar Rapids because Oaknoll is filled. However, no estimate of the magnitude of referrals was montioned in the questionnaire or at the meeting. Oaknoll is presently conducting a feasibility study to examine the possibility of expanding the number of their skilled 4 '—141CRDI'ILMED BY JORM MICR4�LAS lr1AP i'. ",IT,, .q,. ;r1 Y�r, 2) Miu(Ui 1L ii.D by DORM MICROLAt Subgroup A Minutes s 4/13/78 CLDAR RAFIUS AND uL� nursing home beds, and if they expand, to what extent. This study is being coordinated with Marg Strabala of the Mercy Hospital Continuing Care Unit. It was pointed out by Marg Strabala that some patients are staying in the hospital longer than necessary as a result of avail- able skilled nursing care being too far away. Margaret Donnelly also concurred with this statement. sally St-. John stated that many patients are placed in Cedar Rapids for skilled care until they've convalesced enough so that intermediate care can meet their needs. Subsequently, they are placed back in Iowa City or else- where in Johnson County. Concerning the question "do you provide oxygen, I.V.'s etc.?", the I.C.P. providers said that they do provide oxygen for their patients. I.C.P.'s are also capable of providing I.V.'s but this is not typically done. 2, (3) This question raised more questions than it answered. Ms. Kruse questioned the basis for this projection (e.g., demographic trends, what's happening in adjacent counties). The need for more beds will also be somewhat contingent upon the future development of more in-home support services and their expanded capacity to meet client needs. Mr. Allen will examine the basis for this projection. The following question arose: "What happens to those patients that are shuttled around?" Normally, the patients that are moved are considered behavior problems. Mr. Dowd mentioned a study which estimates that transferring a patient increases his/her chance of dying three fold. Ids. Kelly mentioned a study which says that each move lessens the patient's life.by three years. 3. (Gc) A temporary placement plan was defined as the length of time, as designated by the physician, which a patient will need to recover sufficiently so that a lower level of care can be utilized. Temporary Placement Plans (T.P.P.'s) require a lot more coordination and work between staffs of nursing homes and personnel of agencies. Part of the work is routinely done via the discharge planning process which is intiated at the time the patient is admitted. One problem with T.P.P.'s is that once the patient is placed in the nursing home, the family may not want them returned to their home. Mr. Vanderwoude stated that he currently has two patients in this predicament. Another problem indirectly related to T.P.P.'s is that when the patient is placed at home the Title XIX reimbursement level for in-home sitters is not sufficient. Therefore, families and in- home sitters are both reluctant to initiate a plan of this sort. In conjunction with this problem, Ms. Kelly stated that a lot of in-home support services do not exist in Johnson County, but out -of -home health services abound. :410MI ILI1F9 6Y DORM MICR4PLAB MiC(Wr1L;'40 BY JORM 1-11CROLAB 3) Subgroup A Minutes LLDAR RAV I US MU uL� 4/13/78 4. (8,9) The responses to this question were mired. Some nursing homes, mainly through their social work consultant, receive family permission, make the needed referrals, report to the family, and then follow-up on the plan of action. Other nursing homes think the contact with supportive services should be handled by the family since the care: of the relative is its responsibility at the time of discharge. It was felt by several providers that families are occasionally somewhat wary and/or not as adept at securing in-home support services when these services are an unknown quantity. Due to this, some families hesitate or simply do not contact the various in- home support services that have been recommended to them by the nursing home when the patient is discharged. It was suggested that a general procedure could be implemented whereby the providers of the various in-home support services which are deemed necessary for the patient to return home convene before the discharge to address the following: familiarize the family s patient with the service; coordinate the efforts of those agencies involved; and select one provider to be the "main" coordinator of services and advocate for the family. It was thought- that if this pro- cedure were instituted, the above-mentioned problems would be mitigated and the family would not become disillusioned from an uncoordinated deluge of service providers. Another problem that was mentioned was the duplication of assess- ments for discharged patients. It was suggested that the assessment by the nursing home is duplicated by the other agencies to which they make referrals. It was noted that part of this duplication is necessitated by Title XX federal guidelines. However, it was also stated that more trust between nursing homes and agencies would help curtail the present duplication. 5. (10) Follow-up on discharged patients is needed to insure that other agencies are providing care. The procedure mentioned above (N4) was suggested as a means to assure follow-up. This would allow for someone to take charge, define roles, and solidify re- lationships. England has a system whereby the most crucial member of a treatment team at the point of discharge takes primary respon- sibility for the coordination of services. The Department of Social Services does follow-up on patients if they know the person is returning home. However, intra -agency coordin- ation between the DSS income maintenance unit and the specific service unit involved is sometimes lacking and patients are dis- charged without the service unit being apprised. It was brought out at this stage of the meeting that there is a need for residential nursing home care. Several providers agreed that many patients in I.C.F.'s could easily be transferred to residential nursing care if it were available. II CROP I LI4[O BY JORM MICR6LAB Ki�,(Ut ILMi U BY JORM MICRULAb 4) Subgroup A Minutes 4/13/78 ULUAR RANLU� ANJ JLC r1U.:1l. G. (11) one of the major problems concerning these services is accessibility, not availability. Many services are available in Johnson county but only within the confines of Iowa city. For various services to be accessible to Johnson county residents, the geographic parameters of the service delivery system would have to be expanded. Another problem is that nursing homes generally do not train new staff members about the community resources that are available. It was recommended that a refresher course is needed to familiarize new staff with available resources in the community. It was further recommended that a discharge planning packet comprised of information on commonly used agencies and services be made available to hospitals, nursing homes, families and patients. 7. (12) There was a consensus that adult day care is needed in Johnson County. The main impediment to the development of: adult day care centers in nursing homes in Johnson County is Section 135C.5 of the Code of Iowa. This section will be mailed to all providers for review and comment. The nursing homes' milieus are sufficiently adaptable that the components of adult day care could be accommodated without much trouble. Such things as staffing patterns, physical therapy, occupational therapy, etc. would not involve cumbersome and costly implementations. It was suggested that the DSS specify to the nursing homes what requirements need to be met to set up adult day care. In order for this to be done, the regulations or specifications would need to be simplified. It was also suggested that nursing homes are not the only place where adult day care might be established. The new Senior Center was suggested as a possible site. In conjunction with this, it was stated that if the Iowa Code does not, in fact, allow nursing homes to also have adult day care, then other, more creative programs for adult day care must be pursued. Sally St. John mentioned that DSS has been documentingtheeed for adult day care for the last six months. She suggested formation of an ad hoc committee to probe the possibilities of developing adult day care in Johnson County. 8. (14 b,c) 9. (15) Title XIX patients are being referred to and placed in nursing homes all over the state due to the limited num- ber of beds presently available in Johnson County. Due to these out -of -county placements the stated needs of the patients and the family are not being met. One of the most commonly stated needs, for instance, is for the patient to be placed in a facility that is in close geographic proximity to his/her family's residence. Currently, the main emphasis for Title XIX patients is on simply finding a bed. One example that was given involved a patient at FI I CIZ01 I LMED By JORM MICR6LA9 it �i�' c.. .. ,, •aft; •fir `. I.1;wtOi ;LAL) BY JORM MICROLAB 5) Subgroup A Minutes 4/13/78 UDAR RAFW� ANO OL� lu;:.L,.. .::,,.. University Hospitals who resided in Cedar Rapids. The patient had to be placed in New Hampton (a 3 -hour drive from Cedar Rapids) simply because it was the closest Title XIX bed available. The Title XIX reimbursement level will be raised to $21.00 per day in July, 1978. However, this will not help because nursing home care will be $27.00 per day due to a concurrent rise in nursing home costs as a result of inflation. The state legislature sets the reimbursement level for nursing home care. It was generally agreed that a two-pronged attack is necessary: 1) pressure needs to be put on the legislature by nurs- ing homes and the DSS to raise the reimbursement level and 2) al- ternatives for the care of patients must be created, expanded and funded at a higher rate (e.g., develop adult day care, expand in- home support services and utilize present in-home support services more effectively and efficiently). Dropping some of the stringent regulations was suggested as another potentialmethod of freeing more Title XIX beds. By doing this, the cost producing federal and state regulations may be curtailed and the cost differential between private pay and federal reim- bursement could be mitigated. This would consequently allow more equal admission policies by nursing homes. The feasibility of this method was not addressed. 10. (19,20), 11.(21,22), 12. (23) 13. (24) It was suggested not only that a two way communication process between the nursing homes and the state DSS's district Medical Review Team be imple- mented, but also that the State Health Department be included in this process. This would serve a manifold purpose of which some ele- ments would be: 1) it would allow more in-depth discussion and clarification of what needs to be done by the nursing home to comply with certain regulations, 2) it would allow nursing homes to give constructive feedback to both agencies on their strengths and weaknesses and on how they could better serve the nursing home facilities, 3) it would be a mutual learning process for all parties (e.g., new methods that could be helpful and other "tricks" of the trade, how to avoid various pitfalls that have surfaced in each other's work endeavors), and 4) probably the most potential benefit may be in beginning to establish the same criteria for compliance with regulations so that the recommendations from both departments would coincide. This process has the inherrent pos- sibility of making the Medical Review Teams (DSS) and Department of Health Review much more functional for the nursing homes and of ameliorating the services which the DSS and Department of Health provide. There was a general consensus that the Care Review committees are trained neither well enough nor long enough. However, the members of the Care Review Committees seem to have a deeper understanding of the patients' problems and can empathize with them. In addition to this, the committee members can act as advocates for patients. 141CROI I1.111D OY JORM MICR�LAO 6) MitA i iLi-0LU BY JORM MICROLAB Subgroup A Minutes 4/13/70 • LLUAR RAPIUS AIIU ULu There was some discussion about how impotent the Care Revie'd Committee is. However, state law has invested these committees with many responsibilities and a great deal of power. 14. The elderly were defined as all those 60 years of age or over. Lantern Park has five residents who are physically disabled• Two under other nursing homes have one and two residents, respectively, 60 years of age. The Johnson County Care Facility has many res- idents under the age of. 60 due to the regional institutions making .. _ A Fh:,r these ane differences MiuROH LMED BY JORM MICROLAB CEDAR RAPIus AND DES FIoL'lu, ILprii 24, 1978 To the Mayor and members oi' the City Council of the City of low" City, Iowa s In September , 19,13, the melrose weignoorhood association went on record before the amity Council opposing the widening of meirose Avenue and the construction of a diagonal to the Burlington Strcet bridge. In response to this vigorous opposition the Council deleted the item from its proposed /annual Budget for 1974 and the Capital improvements Budget. Tne sentiments of the neighborhood during the ensuing five years have not changed. me objections stated fully in the document submitted in 1973, remain the same. the proponents oi'the present Comprehensive Plan, which contains the widening of meirose Avenue and the diagonal, nave in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. lie therefore urge the Council to once more heed the strong opposition of a united neighborhood on this issue. n nospectiully, Qv r�./tte 335o�� w 0� 3� G MICROIILIdf.O BY 1 JORM MICR+LAB �f D1� Vnr IP', 7fS !I0;'Ifc F t L E 0 APR2 41978 ,-�eBIC STOLFUS CITY CLERK IV?- CEDAR /Z MiLROFILAED BY JORM MICROLAB 1 CEDAR RANUS AND JL5 ?!u,!iLo april 24, 1978 To the Mayor and members of the City Council of the City of Iowa City, Iowa s In September , 1973, the melrose neignoorhood association went on record before the vity Council opposing the widening of D:elrose Avenue and the construction of a diagonal to the Burlington Street bridge, In response to this vigorous oppostion the Council deleted the iten from its proposed Annual budget for 1974 and the Uapital improvements Budget. The sentiments of the neighborhood during the ensuing five years have not changed. she objections stated fully in the document submitted in 1973, remain the same. •rhe proponents of the present Comprehensive Pian, which contains the widening of melrose Avenue and the diagonal, nave in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. Ire therefore urge the Council to once more heed the strong �i opposition of a united neighborhood on this issue. n n respectfully, l �JtY-�,ct,r.>1C� ✓ ! LC �Ca OC�-� -3 �/ c�-Ir cc�r ��, . FLEER APR2 41918 ABBIE STOLFUS CITY CLERK. i VIICROFILI4LD BY JORM MICR¢LAB ff DA! !4!119($ hIILRW ILML.J BY JORM MICROLAB CEDAR RAPM AND CLu 'Idi;IL April 24, 1976 To the uayor and members of the City Council of the City of fovea City, Iowa s In September , 1973, the melrose i,eignoorhood Association went on record before the amity Council opposing the widening of melrose Avenue and the construction of a diagonal to the Burlington Street bridge. In the Council deleted the item from its response to this vigorous Oppos'bion proposed Annual Budget for 1974 and the Capital Improvements Budget. the sentiments of the neighborhood during the ensuing five years have not I changed. Ino objections stated fully in the document submitted in 1973, remain the same. 'the proponents of the present Comprehensive Plan, which contains the widening of melrose Avenue and the diagonal, nave in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. ne therefore urge the Council to once more head the strong opposition of a united neighborhood on this issue- nospectfully, CL 1n S 1 Leo 0"tev`� �j I L E APR2 41978 ABBIE STOLFL,- CITY CLERK I41CRDf ILMED BY - i JORM MICROLAS f�IAP. P•��'I "�'. ''f5 5101'l!'C oiLiwD ILMLO BY JORM 141CROLAB CEDAR RAPIDS AND ULD hluiNu, ;U�i„ aprii 24, 1978 To the Mayor and members of the City Council of the City of Iowa City, Iowa In September , 1973, the melrose weignoorhood association went on record before the -ity Council opposing the widening of melrose Avenue and the construction of a diagonal to the Burlington Street bridge. In response to this vigorous oppos`tion the Council deleted the item from its proposed Annual budget for 1974 and the Capital improvements Budget. The sentiments of the neighborhood during the ensuing five years have not changed. ine objections, stated fully in the document submitted in 1973, remain the same. *she proponents of the present Comprehensive Pian, which contains the widening of meirose Avenue and the diagonal, have in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. Ire therefore urge the Council to once more hoed the strong opposition of a united neighborhood on this issue. J' (✓1�."i'%C Com!^-.GG'+-�. "moi nospectivlly, `h b 4�^17- J APR2 41918 Do 64 ABBIE STOR FUS i 1410011 UIED BY JORM MICR+LAB rr])AP P":T). CITY CL MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND uLS h1U1hIE�, :Uw I April 24, 1978 To the Mayor and members of the City Council of the City of Iowa City, Iowa s In September , 1973, the meirose aeighborhood Association went on record before the pity Council opposing the widening of melrose Avenue and the construction of a diagonal to the Burlington Street bridge. in response to this vigorous oppos`bion the Council deleted the item from its proposed Annual budget for 1974 and the Capital Improvements Budget. The sentiments of the neighborhood during the ensuing five years have not changed. the objections,stated fully in the document submitted in 1973 remain the same. the proponents of the present Comprehensive Pian, which contains the widening of melrose Avenue and the diagonal, have in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. vie therefore urge the Council to once more heed the strong opposition of a united neighborhood on this issue. inespeotfvlly, ���G2J� yJ 7�lf r�cr-✓ %2 e% %7�•2r..% ✓y'Y 674, �'""'";j �'I � Jw�C�,vQu�1,�/UC.tOL �p2 6 ✓�LrLLu �� Q/u`2 , �u"' � FI L LS DD APR? 41918 ABBIE STOLFU6 CITY CLERK Y MICRof ILMED BY 1 JORM MICR+LAB CCDAR RAPID',. • 7E5 MOPIF5 FiiUAO�ILMEU BY DORM MICROLAB LEOAk RAPIDS AND ULA I-IUi i npril 24, 1976 To the Mayor and members of the City Council of the City of Iowa City, Iowa s In September , 1973, the meirose aeighoorhood association went on record before the amity Council opposing the vridening of meirose Avenue and the construction of a diagonal to the Burlington Street bridge. in vigorous oppos'tion the Council deleted the item from its response to this proposed Annual budget for 1974 and the capital Improvements budget. Tne sentiments of the neighborhood during the ensuing five years have not changed. ine objectionsrstated fully in the document submitted in 1973, remain the same. 'rhe proponents oi'the present Comprehensive flan, i which contains the vridening of moiroso Avenue and the diagonal, have in no way demonstrated that the city will benefit from the proposed destruction of this existing residential area. Ile therefore urge the council to once more hoed the strong opposition of a united neighborhood on this issue. nespectiully, DD ' �D� %7i8e2 (%G APR 41978 6� 4, 13 iQ� 5z' �i r ASOIL STOLFUj CITY CI -ER/% c: . o2•23 OFILMED BY i JORM MICR#LAB rl"'1AC P.�r�n. ^.(� •g019CS I.1ILROFILMED BY JORM MICROLAD • CEDAR RAPIDS AND ULS ?IUINL„ iurin MEMo2 /-tNDU M 1. According to the melrose Avenue Urigin Destination survey or April 1977, 557. or trips on melrose Dnscbound, passing noolr, were from an origin less than 1 mile from the destination. 2. Lne Area Transportation Dtuay oy the Johnson County Regional rlanning Commission shows that the projected traffic figures for 1995 fall below the present capacity of melrose Avenue from noolr Avenue to riverside Drive. Present capacity of melrose Avenue: 9oUO krojected traffic in 1995: 78oa(vbolf to Urand Avenue) & 4158 kurand Avenue to Dyingtonj Mormon Trek to ouhset west:19o00 9048 east:8y00 8444 30 rotential walkers and bikers are in danger because of heavy traffic and 4 poor safety provisions. 4. Durling'ton Street is the real bottleneck. See p. 8 Report from Melrose Neighborhood Civic Association to the City Council on Uotober 2, 1973. 5. lr traffic is increased on melrose, travel time will be increased by a traffic lights at feeder streets. 8. The Comprehensive elan stresses the preservation of existing neignborhood/s, out there is no doubt that the widening of melrose Avenue would destroy the integrity of its neighborhood. 7. nigner traffic flow increases the levels of carbon monoxide, lead, and nitrous oxide in the air. 8. Since most of the traffic flow on melrose is local, there does not seem to be any reason to believe that it will lesson traffic on nighway Z18 if melrose were to be widened. 9. Traffic flow on melrose can be reduced by the suggestions recommended in the melrose Avenue Origin Destination Survey including bikeways, sidewalks, and extended Campus routes. o L E nn APR 41978 ,3BIE STOLFU:, CITY CLERK t._�tfa IIICROFIL14ED BY i JORM MICR+LAB PrPAP P'11� . n)F , t10191S hpr'a -L4-1 J97Y NILiUi ICILD BY JORM t•11CRULAB CEDAR RAPIUb AND uL, >IU,�IL�, 'un^ RECOMMENDATIONS It is recommended that motor vehicle operators be induced to restrict the usage of their vehicles during peak periods on Melrose Avenue. This could be facilitated by: A. Encouraging pedestrian access to the West Campus by constructing sidewalks from Melrose Avenue along Woolf to the General Hospital and Dental Building. B. Facilitating bicycle access to the West Campus by establishing bike lanes on Woolf and Melrose. Many respondents stated that they would prefer to ride their bicycles to and from work or classes but due to heavy auto congestion and unavailability of bike lanes on Woolf and Melrose, they felt that bicycling on these streets was too dangerous. C. Restricting parking spaces within the West Campus for those workers and students who live within a certain dis- tance of the Medical -Dental Complex. D. Active transit promotion by the University and City. The present problem of congestion west of Woolf on Melrose and on Woolf during the peak periods is mainly caused by trips that are 1 mile or less in length. The vast majority of these trips are between the Medical - Dental Complex and the University Heights -Emerald -Westgate areas. At the present time, these areas are not adequately served by the Iowa City Transit System. During peak periods the Hawkeye bus is usually filled to capacity by the time it leaves the Hawkeye Drive area. This access between Mormon Trek Road and the situation leaves a low service West Campus. The same situation prevails on the West Benton bus, but to lesser extent. The possibility should be explored of providing transit access for the large number of drivers in the University Heights -Emerald -Westgate C fA MICROFILM[[) BY JORM MICROLAB rf9M '' - ^f`. 140:'117, F ° L E 0 APR 41978 ABBIE STOLFUS CITY CLERK I ftiLROI iLFILU BY DORM f•IICROLAB CEDAR RAPIL)i AND uL 71ui L Um, One such possibility would be for the City to run special morning and afternoon peak period shuttle bus service between these areas and the Medical -Dental area, The bus route would, for example, run west on Melrose and turn south on Westgate to West Benton. The bus would then follow Emerald back to Melrose. The bus would proceed to the Dental area after discharging passengers at the General Hospital. (See Map 4) This route would help alleviate the peak hour problems on the Hawkeye and West Benton routes and provide direct service to the Medical -Dental areas for workers and students. The bus would not run to the Central Business District since that ridership would be handled by the other routes. Additional studies are recommended in order to determine the feasibility of these recommendations. These studies could include the measurement of transit potential in the University Heights -Emerald - Westgate areas. "1> rt1LRUF1LMED BY JORM 141CROLAB CEDAR RAP10b AND JLS AuiiiL,, City of Iowa Clt% DATE: April 21, 1978 TO: Neal Berlin, City Manager FROM: Tony Kushnir, Asst. City Attorney RE: Rent Escrow Procedures As I mentioned in my previous memo to you concerning the above rent escrow procedures the proposed draft of the Housing Code now pending before the City Council is somewhat different with respect to rent escrow as opposed to the Housing Code draft which the City Council voted for first consideration. The changes in the present proposal are as follows: Page 27 of the draft voted on for first consideration has been supplanted by a new page 27 and page 28. Copies of the addition are attached to this memo. Page 7, 9.30.3.1 Appeals. This section was modified so as to make it in conformity with the rent escrow provisions as set forth in the new page.27 and 28. More specifically, it was modified in that -the word "certification" was replaced by the word "notice" so that the new section would read: "Any person affected by any written order of a housing code violation, orders suspending house permits, notice of attempt to placard, or notice of eligibility for a rent escrow program may appeal to the Housing Appeals Board..." In addition to the above Section 9.30.3.1. Appeals was modified further in that the following language was omitted from the new draft: "The Board may modify any notice affecting the provision of the Housing Code so as to authorize a variance for the provisions of the Housing Code when because of a special condition a literal en- forcement of the provision of the Housing Code will result in practical difficulty or unnecessary hardship; provided that the spirit of the Housing Code will be observed, safety and welfare secured and substantial justice done.' This provision was omitted from the new draft because it was the Legal Department's understanding that such provision was inadvertently placed in the draft which the Council voted for first consideration. The City Council in its informal discussion on the Housing Code decided to delete this section on the Legal Department's recommendation that such provision is not authorized by State law. If there are any further questions regarding these corrections of the Housing Code, please don't hesitate to contact me. Of MED BY i JORM MICR+LAB i r,n(,i' f"An 1'r. . '�! S 101'4 S/.3 `t It, diR; L'It, a by JORM MILRULAb ILUAt< i<Ai'ijj AIW jL� , . ORDINANCE NO. AN ORDINANCE ESTABLISHING MINIMUM STANDARDS OF LIGHT, VENTILATION, SAFETY, OCCUPANCY, REPAIR AND MAINTENANCE OF DWELLINGS WITHIN IOWA CITY; PRESCRIBING METHODS FOR LICENSING ROOMING HOUSES AND MULTIPLE DWELLINGS AND PRESCRIBING PENALTIES AND REMEDIES FOR VIOLATIONS OF ITS PROVISIONS. i'lluml WILD By JORM MICROLA13 ;L 141 by JUHM 1.11CkULAb UJAr< nnriJJ 11tlL . CHAPTER 9.30 TABLE OF CONTENTS CHAPTER 9.30.1 1 General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.2 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.3 5 Inspection and Enforcement . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.4 7 Minimum Standards for Basic Equipment and Facilities . . . . . . . . . . CHAPTER 9.30.5 Minimum Standards for Lighting, Ventilation, and Heating . . . . . . . . . 9 CHAPTER 9.30.6 12 Minimum Space, Use, and Location Requirements . . . . . . . . . . . . . . CHAPTER 9.30.7 Responsibilities of Owners Relating to the 13 Maintenance of Dwellings and Dwelling Units . . . . . . . . . . . . . . . CHAPTER 9.30.8 Responsibility of Occupants Relating to the 16 Maintenance of Dwellings and Rooming Units . . . . . . . . . . . . . . . CHAPTER 9.30.9 17 Rooming Houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.10 22 Multiple Dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.11 25 Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.12 25 Retaliatory Conduct Prohibited . . . . . . . . . . . . . . . . . . . . . CHAPTER 9.30.13 26 Rent Escrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � ... -:11CAUI ILI110 B1' JORM MICROLA6 JUHt•1 ,MICKULtiu CHAPTER 9.30.1 GENERAL PROVISIONS 9.30.1 General Provisions. The following general provisions shall apply in the interpretation and enforcement of this ordinance. A.Legislative Finding. It is hereby found that there exist and may in the future exist, wtthtn the City of Iowa City, premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including the physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environmental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards are required. B. Purposes. It is hereby declared that the purpose of this ordinance is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of com- municable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this ordinance is .to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforce- ment thereof. C. Scope. The provisions of this ordinance shall apply uniformly to the con- struction, maintenance, use and occupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use, occupancy and maintenance of all existing resi- dential buildings and structures within the jurisdiction of the City of Iowa City irrespective of the date of construction. D. Title. This ordinance shall be known and may be cited as the Housing Main- tenance and Occupancy Code of the City of Iowa City, hereinafter referred to as "the Housing Code". CHAPTER 9.30.2 DEFINE ITIOAS The following definitions shall only apply in the interpretation and enforcement of the Housing Code: Accessory Structure shall mean a detached structure which is not used, or not intended to be used, for living or sleeping by human occupants. AIr.�Ld II F11 :� f� DORM MICROLAB _ ..n ,, . _ h jOWM 111CkULAU .Lr „i-, n�u . . .. Ad'otnin Grade shall mean the average elevation of the ground which extends three 3 feet from the perimeter of the dwelling. Approved shall mean approved by or in accordance with regulations established by the Housing Inspector. Attic shall mean any story situated wholly or partly within the roof and so Te—signed, arranged, or built to be used for business, storage, or habitation. Basement shall mean a portion of a building located partly underground, but having three and one-half (33i) feet or more of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly connected with both hot and cold water lines. or wholly underground Cellar shall mean a portion of a building located partly and having less than three and one-half (3) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central Heatin S stem shall mean a single system supplying heat to one (1) or more we ing unit s or more than one (1) rooming unit. r shared communal shall mean used or shared by, or intended to borumodeodwelling units. occ P is of two (2) or more rooming units, or two (2) en unoccupied space, other than a yard, on the same lot Court shall mean an op ront or rear and is with a dwelling. A court not extenontheostreetthe torefrontt or fyard or rear yard is an inner court. A court extending an outer court. o pining ggm purpose of eatan9.11 mbut notean a aforar the preparation of meals. cookingm used or intended to be used for the Duplex shall mean any habitable structure containing two (2) single dwelling units. temporary housing, which Dwellin shall mean any building or structure, except temp or sleeping by human is wholly or partly used or inUrtenancesded to battachedfor thereto. occupants and includes any app of adjoining habitable a single unit with facilities which Dwellin Unit shall mean any habitable room or grou single cooking, and eating of aremusedcoreantended to be used for living, sleeping, meals. f exit routes to assure a safe means of ex it Egress shall mean an arrangement o from buildings. �ol and removing or making inac- or Exterm� ink shall mean thnheirtharborage places ;oby f insects, rodents,fum- other pests by eliminating poisoning, spraying+ serve as their food; by p est elimination methods cessible materials that may other recognized and legal p igating, trapping; or by ylany other approved by the Housing blood, Fami1 shall mean one (1) person or two (2) or more per related by or adoption occupying a living 2), but an nottmoreithan,twoupersonsnnot marriage, may also be two (2), organization. A family Y related by blood, marriage or adoption. 2 DORM MICROLAS MICROFILMED BY JORM MICROLAB CEDAk RAPIDS AND UES MUlPIL�,, !UW,, Adjoinin.c(lJ. Grade_ shall w the average elevation of the ind which extends three (3) feet fron the perimeter of the dwelling. droved shall mean approved by or in accordance with regulations established by the Housing Inspector. Attic shall mean any story situated wholly or partly within the roof and so designed, arranged, or built to be used for business, storage, or habitation. Basement shall mean a portion of a building located partly underground, but having three and one-half (31;) feet or more of its floor -to -ceiling height above the average grade of the adjoining ground. Bath shall mean a bathtub or shower stall properly connected with both hot and Fold water lines. Cellar shall mean a portion of a building located partly or wholly underground and having less than three and one-half (31;) feet of its floor -to -ceiling height above the average grade of the adjoining ground. Central Heatingstem shall mean a single system supplying heat to one (1) or pore dwelling unit( or more than one (1) rooming unit. f, Communal shall mean used or shared by, or intended to be used or shared by, the occupants of two (2) or more rooming units, or two (2) or more dwelling units. Court shall mean an open unoccupied space, other than a yard, on the same lot with a dwelling. A court not extending to the street or front or rear yard is an inner court. A court extending to the street or front yard or rear yard is an outer court. Dining Room shall mean a habitable room used or intended to be used for the purpose of eating, but not for cooking or the preparation of meals. Duplex shall mean any habitable structure containing two (2) single dwelling units. Dwelling shall mean any building or structure, except temporary housing, which is wholly or partly used or intended to be used for living or sleeping by human occupants and includes any appurtenances attached thereto. Dwelling Unit shall mean any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating of meals. press shall mean an arrangement of exit routes to assure a safe means of exit from buildings. Extermination shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inac- cessible materials that may serve as their food; by poisoning, spraying, fum igating, trapping; or by any other recognized and legal pest elimination methods approved by the Housing Inspector. Famil shall mean one (1) person or two (2) or more persons related by blood, marriage, adoption or placement by a governmental or social service agency, occupying a living unit as an individual, housekeeping organization. A family may also be two (2), but not more than two persons not related by blood, marriage or adoption. 2 f MICROFILMED BY , JORM MICR+LAB CrMc K.v°I'7S • lfS MOINFS .";u,,,L'<,.: 6v JURM MICRULAu Garbage shall mean animal and vegetable waste resulting from the handling, preparation, cooking, or consumption of food; and shall also mean combustible The term shall also waste material. include paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, and other combustible materials. Habitable Room shall mean a room or enclosed floor peeused, orxcluding intended to be used for living, sleeping, cooking, or eating purposes; toilet rooms, laundries, pantries, foyers, or communicating corridors, closets, storage spaces, and stairways. Housing Inspector shall mean the official or officials of the City of Iowa City appointee administer the provisions of the Housing Code. Infestation shall mean the presence, within or around a dwelling, of any in- sects, rodents, or other pests. Kitchen shall mean a habitable room used or intended to be used for cooking or the preparation of meals. Kitchenette shall mean a food preparation area not less than forty (40) square feet in area. Kitchen Sink shall mean a sink of a size and design adequate for the purpose of washing eating and drinking utensils, located in a kitchen, properly connected with a cold water line and a hot water line. Lavatory Basin shall mean a handwashing basin which is properly connected with oth hot and cold water lines and which is separate and distinct from a kitchen sink. Living Room shall mean a habitable room within a dwelling unit which is used, or intended to be used, primarily for general living purposes. Multiple shall mean any dwelling containing three (3) or more dwelling units. Occu ant shall mean any person, including owner or operator, living, sleeping, cooking in, or having actual possession of a dwelling, dwelling unit, or a rooming unit. 0 erator shall mean any person who rents to another or who has custody or control of a building, or part thereof, in which dwelling units or rooming units are let, or who has custody or control of the premises (for rooming houses, see Rooming House Operator). Owner shall mean any person who has legal title or equitable title, or has of executrix, administrator%administratrix, trustee, orrguardian ofithesestatetof/ the owner. Permit shall mean a certificate certifying that the unit for which it is issued was in compliance with the applicable provisions of this Chatherdatenofais- inspected. Said Certificate shall expire one (1) year om suance, unless sooner suspended or revoked as hereinafter provided, and shall be renewed annually. Person shall mean any individual, firm, corporation, association, or partner- ship. 3 _. .41(Pill 11.11f I iO JORM MICR©LAB ., �., isf JURII P1ILkOLAu Plumbing shall mean and include all of the following supplied facilities and equipment: gas pipes, gas -burning equipment, water pipes, garbage disposal units, waste pipes, toilets, sinks, lavatories, bathtubs, shower dbaths, ,icatch stalled dishwashers and clothes washing machines, water heating basins, drains, vents, and any other similar supplied fixtures together with all connections to water, sewer or gas lines. Premises shall mean a platted or unplatted lot or part thereof, either occupied or unoccupied by any dwelling or accessory structure. PrilEX shall mean the existence of conditions which will permit a person or persons to carry out an activity commenced without interruption or interference by unwanted persons. Refuse shall mean waste materials (except human waste) including garbage, rubbish, ashes and dead animals. ed of Refuse Container r dshall amean a watertight ous torcontainethatais�capable rof,being metal, imp serviced without creating unsanitary conditions. mber Roomer shall mean an occupant of a eratoroofithatouse room�ing househo is , and eshall oalso emean famil of the rooming house op an occupant of a dwelling unit who is not a member of the family occupying the dwelling unit. Roomin House shall mean any dwelling, or that part of any dwelling, containing one 1 or more rooming units, in which space is let by the owner or operator to three (3) or more roomers. 1. Roominy�e II mean ng (9)uroomershich space is let to more than two (2) uu6 p, Roomin House -Type II shall mean a rooming house in which space is let to n ne 9 or more roomers. Rooming House Operator shall mean any person who rents hanother or who has custodycontrol of a building, or part thereof, in which he resides and in which rooming units are let. Roomin Unit shall mean any room or group of rooms forming a single habitable unit n a rooming house used or intended to be used for living and sleeping, but not for cooking or eating of meals. Rubbish shall mean inorganic waste material consisting of combustible and/or non-combustible materials. or under the control of su lied shall mean paid for, furnished, provided by, t e owner or operator. used forte hHu�muasn insisydesignedrtolbe,transportablerandhwhichristoot attached to the ground, to another structure, or to anutive daysutilities system on the same premises for more than thirty( ) piece, Toilet shall mean a water closet, with a bowl and trap made in one (1) of p which no fecal shape erand form and which on holdse surfaceuofithe nbowlaand twhichwiser so matt 4 DORM MICROLAB ,..i. L•t 1-1 DII(.IiULAI) ,_cu:0 equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rim. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit", "rooming house", "rooming unit", or "premises" are used in this Chapter, they shall be construed as though they were followed by the words "or any part thereof'. CHAPTER 9.30.3 INSPECTION AND ENFORCEMENT Enforcement Notice: A. Authority. The Housing Inspector is hereby authorized to administer and enforce the provisions of the Housing Code, and to make inspections to determine the condition of all dwellings, dwelling units, rooming units, structures, and premises located within the City of Iowa City, in order that he/she may perform his/her duty of safeguarding the safety and welfare of the occupants of dwellings and of the general public. B. Access b Owner or Operator. Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner or operator thereof, or his agent or employee, access to any part of such dwelling, dwelling unit, rooming unit, or its premises at all reasonable times for the purpose of effecting such maintenance, making such repairs or making such alterations as are neces- sary to effect compliance with the provisions of the Housing Code or with any lawful rule or regulation adopted or any lawful notice or order issued pursuant to the provisions of the Housing Code. Right of Entry. Wherever necessary to make an inspection to enforce any of the provisions of the Housing Code, or whenever the Housing Inspector or his/her authorized representative has reasonable cause to believe that there exists in any dwelling, dwelling units, rooming units, structures, or premises any condition which makes such unit or premises in violation of any provision of the Housing Code, or in response to a complaint that an alleged violation of the provision of the Housing Code or of applicable rules or regulations pursuant thereto may exist, the Housing Inspector or his/her authorized representative may enter such unit or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Housing Inspector by the Housing Code; provided that if such unit or premises be occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. The Housing Inspector or authorized repre- sentative shall at such time: 1. Identify himself/herself and his/her position. 2. Explain why entry is sought. 3. Explain that the owner or other person having charge or control of the premises may refuse, without penalty, entry without an Order to Allow Inspection. 4. Explain that if entry is refused, the Housing Inspector may apply to a Magistrate for an Order to Allow Inspection. Order to Allow Inspection. The Housing Inspector is hereby authorized to conduct consensual inspections of any dwelling within Iowa City, Iowa, on reasonable and regular inspectional basis or upon request or complaint, in order to perform the duty of safeguarding the health and safety of the JoRM MICROLA6 B. ._ i ... h JURM I'l l 1, kULAD • -I. .ill 'f i',w ,�', n.... . .. occupants or the public. If consent to inspect the building is withheld by any person or l apply tovanMagistratelawful ofrthetto IowaeDistrictthe Courtuinnand for inspector shall apply Johnson County for an order to allow inspection of the building. Penalt . No owner or occupant or any other person having charge, care or control of any, dwelling, dwelling unit, rooming unit, structure, or premises shall fail or neglect, after presentation of an Order to Allow Inspection ora Search Warrant, to properly permit entry therein by the uroeo Housing Inspector or his/her authorized representative for the ersonsviof inspection and examination pursuant to the Housing Code. Any p lating this subdivision shall be fined 3not morthan $100 or imprisoned in County Jail for not more than thirty ( ) days. Evidence. Evidence obtained by use s and used to effectuate the purpose ensuing action brought by the City hasvbee iso Whenever t re thattherehe uare reasonable determinesector nable groundsto believeethat there has been a violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person or persons responsible there- for. Such notice shall: of an Order to Allow Inspection may be provin any for a�violation sions of tof the he sHousing ing eCode. 1. Be put in writing; 2. Include a description of the real estate sufficient for identifi- cation; 3. Include a statement of the reason or reasons why it is being issued; 4. it re - 4. Allow a reasonable time for the performance of any quires; 5. Be served upon the owner, or the operator, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner, iordupon such redtopeiator, r upon such occupant, if a COPY thereof per- sonally or, if not found, by leaving a copy thereof at his usual place of abode, in the presence of someone of the family of suitable by registeredetion mail orobyhall e certifiedformed of mail, with return contents and return thereof, receipt requested, to his last known address, or if the reg- istered or certified letter with the copy is returned withna a receipt showing it has not been delivered Bred abouto t the dwelling tig copy thereof in a conspicuous place affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of the Housing Code and with rules and regulations adopted pursuant thereto. 6. Be effective notice to anyone having intevest in thnoticeerty whether recorded or not at the time of 9 and shall be effective against any subsequent owner of the premises as long as the violation exists and there remains an official copy of thenotice in a Inspection Services. file maintained by the Department an of Housing P HousingAppeals Board. In order to provide for final interpretation of the provisions of the Housing Code and to hear appeals provided for hereunder, JORM MICROLAB r,11LR01 ILMED BY JORM 141CROLAB CEDAR RAPIDS AND uLS HJ,NL� there is hereby established a Housing Appeals Board consisting of five (5) members and two (2) alternates who are members of the (lousing Commission, none of whom are employees of the City. The City Manager shall designate a Secretary to the Board. The Board shall be appointed by the Council and shall hold office at iLs pleasure. 'fhe Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the (lousing Inspec- tor. Appeals to the Board shall be processed in accordance with the pro- visions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and regulations adopted by the Board shall be delivered to the Housing Inspector who shall make them freely accessible to the public. 1. Appeals. Any person affected by any written order of a Housing Code viola- iion, order suspending a housing permit, notice of in teeattptheallousing notice of elibigility for a rent escrow program may appeal to th the procedures of the Iowa C Appeals board in accordance wiity Administra- tive Procedures Ordinance. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time. J. Other Remedies. No provision or section of this ordinance shall in any way limit any other remedies available under the provisions of the Housing Occupancy and Maintenance Code or any other applicable law. K. Emergent Orders. Whenever the Housing Inspector, in the enforcement of the Housing Code, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet such emergency. If necessary, the Housing Inspector may order that the premises be vacated forthwith and that they shall not be reoccupied until the order to make repairs has been complied with.. Notwithstanding other provisions of the Housing Code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. Hearin . Any person to whom such order is directed shall comply Therewith, but upon petition to the Board shall be afforded a hearing as prescribed in the Housing Code. After such hearing, depending upon the findings of the Board as to whether the provisions of the Housing Code and the rules and regulations adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Nothwith- standing other provisions of the Housing Code, every notice served by the Housing Inspector shall be regarded as an order. CHAPTER 9.30.4 MINIMUM STANDARDS FOR DASIC E UIP( 14ENT.AND FACILITIES No person shalloccupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: 141CROTI LMEm RY i JORM MICR+LAB i .. C, .. I; i JUKI4 111lkULAD tet. ✓..A r1111 Ili-, 111 ..L . . , there is hereby established a Housing Appeals Board consisting of five (5) members and two (2) alternates who are members of the Housing Commission,. none of whom are employees of the City. The City Manager shall designate a Secretary to the Board. The Board shall be appointed by the Council and shall hold office at its pleasure. The Board shall adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Housing Inspec- tor. Appeals to the Board shall be processed in accordance with the pro- visions contained in the Iowa City Administrative Procedures Ordinance. Copies of all rules and regulations adopted by the Board shall be delivered to the Housing Inspector who shall make them freely accessible to the public. I. Appeals. Any person affected by any written order of a Housing Code violation, order suspending a housing permit, notice of intent to placard, or certifi- cation of elibigility for a rent escrow program may appeal to the Housing Appeals Board in accordance with the procedures of the Iowa City Administra- tive Procedures Ordinance. The Board may modify any notice affecting the provisions of the Housing Code so as to authorize a variance from the provisions of the Housing Code when because of special conditions, a literal enforcement of the provision of the Housing Code will result in practical difficulty or unnecessary hardship; provided, that the spirit of the Housing Code will be observed, safety and welfare secured, and sub- stantial justice done. If the Board sustains or modifies such notice, it shall be deemed to be an order and the owner, operator, or occupant, as the case may require, shall comply with all provisions of such order within a reasonable period of time. J. Other Remedies. No provision or section of this ordinance shall in any way limit any other remedies available under the provisions of the Housing Occupancy and Maintenance Code or any other applicable law. Emergenc' Orders. Whenever the Housing Inspector, in the enforcement of the Housingng Code, finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet such emergency. If necessary, the Housing Inspector may order that the premises be vacated forthwith and that they shall not be reoccupied until the order to make repairs has been complied with. Notwithstanding other provisions of the Housing Code, such order shall be effective immediately, or in the time and manner prescribed by the order itself. 1. Hearing. Any person to whom such order is directed shall comply therewith, but upon petition to the Board shall be afforded a hearing as prescribed in the Housing Code. After such hearing, depending upon the findings of the Board as to whether the provisions of the Housing Code and the rules and regulations adopted pursuant thereto have been complied with, such Board shall continue such order or modify it or revoke it. Nothwith- standing other provisions of the Housing Code, every notice served by the Housing Inspector shall be regarded as an order. CHAPTER 9.30.4 MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES No person shall occupy or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: DORM MICROLAS A. Supplied Facility. Every supplied facility, piece of equipment or utility requires -be constructed or installed so that it will function safely and shall be maintained in satisfactory working condition. B. Kitchens. Every dwelling unit shall have a kitchen room or kitchenette equipped with the following: 1. It shall include an approved kitchen sink. 2. It shall contain a refrigerator (in proper working order) with an adequate food storage capacity. 3. It shall contain a stove or range in proper working order. C. Toilet Required. Every dwelling unit shall contain a toilet. D. Bath Required. Every dwelling unit shall contain a bath. E. Lavatory Basin Required. Every dwelling unit shall contain a lavatory basin within the room containing the toilet. F. Privacy Ina Room Containing Toilet and Bath. Every toilet and every bath shall be contained within a room or within separate rooms which afford privacy for a person within said rooms. G. Water Heatin Facilities Re wired. Every kitchen sink, bath, and lavatory basin require in accordance with the provision of the Housing Code, shall be properly connected with supplied water heating facilities. Every sup- plied water heating facility shall be properly connected and shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every kitchen sink and lavatory basin re- quired under the provisions of the Housing Code at a temperature of not less than one hundred twenty (120) degrees Fahrenheit (48 degrees C). Such supplied water heating facilities shall be capable of meeting the require- ments of this subsection where the required dwelling or dwelling unit heating facilities are not in operation. H. Connection , Sanitr FasiniandsbathWater 1 be Snwer System. good workingEconditionhen sin to ett, avatory and properly connected to an approved water and sewer system. I. Exits. 1. Two means of egress required: (a) Every dwelling unit and rooming unit shall have access to two (2) independent, unobstructed means of egress remote from each other. At least one (1) shall be a doorway which discharges directly or via corridors or stairways or both to the exterior of the building at ground level. 2. Every exit from every dwelling shall comply with the following require- ments: (a) It shall be kept in a reasonably good state of repair. (b) All existing stairways of four (4) or more risers shall have at least one (1) handrail and those stairways which are five (5) feet or more in width, or which are open on both sides, shall have a handrail on each side. Stairways which are less than five (5) feet in width shall have a handrail on the left hand side as one mounts the stairs and on the open side, if any. 8 f'6 I1I I +' DORM MIGROLAO i ... ., i)r Ju H'9 M1 L,<OLAu _L,.,✓ r✓v ,J., . (c) All handrails shall be substantial and shall be located between thirty (30) and thirty-four (34) inches above the nose of the stair treads.. (d) AU platforms accessible to occupants and situated more than two (2) feet above adjacent areas shall be protected by substantial guardrails at least thirty-six (36) inches high. (e) All stairs and steps shall have a riser height of not more than eight (8) inches and a tread width of not less than nine (9) inches. (f) All exterior doors and windows below the second floor of a dwelling shall be equipped with a safe functioning locking device. (g) During the portion of each year when the Housing Inspector deems it necessary for protection against the elements and cold, every door, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied storm doors with a self- closing device; and every window or other device with openings to the outdoor space shall likewise be supplied with storm windows, except where such other device for protection against the elements and cold is provided such as insulating glass, and insulated metal exterior doors. (h) No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fires Codes of Iowa City. 3. In basement units where one means of egress is a window, such window shall open directly to the street or yard, shall be at least twelve (12) square feet in area clear of sash frame, and shall open readily. J. Basement or Cellar Under Entrance Floor - Every dwelling shall have a basement, cellar or excavated floor space under the entire entrance floor, at least three (3) feet in depth or shall be elevated above the ground so that there will be a clear air space of at least eighteen (18) inches between the top of the ground and the floor joist so as to ensure vent- ilation and protection from dampness; provided, however, that cement floor may be laid on the ground level if desired. CHAPTER 9.30.5 MINIMUM STANDARDS FOR LIGHTING VENTILATION, AND HEATING No person shall occupy as owner -occupant, or let to another for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: A. Minimum Rear Yard Requirements. Every single and two (2) family dwelling she have a rear yard which is a minimum of ten (10) feet deep for struc- tures one (1) story in height, plus two (2) feet for each additional story. An irregularly shaped lot may be occupied by a dwelling without complying with the provisions of this section if the total yard space equals that required by this section. B. Minimum Side Yard Requirements. If a dwelling is erected up to the side of ne, ght and ventilation as required by the Housing Code shall be provided by means other than windows opening to the side yard. In case of all dwellings having side yards, the width shall be not less than four (4) feet for the first story plus one (1) foot for each additional story. If oif 11 MI DORM MICROLAB Y JU i',F1 !•111, rtULhc LIh • ry C. More Than One Structure on a Lot. Where more than one (1) structure is erected upon the same lot, the distance between them shall not be less than eight (B) feet. This distance shall be increased two (2) feet for each additional story above the second. D. Courts. The minimum width of an outer court of a one (1) story dwelling shall be five (5) feet, for a two (2)story dwelling six (6) feet, for a three (3) story dwelling seven (7) feet, and shall increase one (1) foot for each additional story. 2. An inner court shall be twice the minimum width required for an outer court. 3. The width of all courts adjoining the lot line shall be measured to the lot line. 4. In mixed-use dwellings where there are no dwelling units on the lower story, courts may start on the top of such lower story. 5. Every inner court extending through more than one (1) story shall be provided with a horizontal air intake at the bottom. 6. Irregularly shaped court yards must meet the minimum area require- ments. Any structure hereafter placed on the same lot with the dwelling shall be so placed as to maintain the minimum yard require- ments. 7. In every dwelling where there is a court or shaft of any kind, there shall be at the bottom of every such shaft and court a door giving sufficient access to such shaft or court to enable it to be properly cleaned out; provided that where there is already a window giving proper access it shall be deemed sufficient. E. Natural Light. Every habitable room except kitchens shall have at least one 1 window facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be at least ten (10) percent of the floor area of such room. Whenever the only window in a room is a skylight type window in the top of such room the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. F. Lighting of Public Halls, Stairways, Basements, and Cellars. 1. Public passageways and stairways in buildings accommodating two (2) to four (4) families shall be provided with convenient wall -mounted light switches controlling an adequate lighting system which may be turned on when needed. An emergency circuit is not required for this lighting. 2. Public passageways and stairways in buildings accommodating more than four (4) units shall be lighted at all times with an adequate arti- ficial lighting system; except, that such artificial lighting may be omitted from sunrise to sunset where an adequate natural lighting system is provided. Whenever the occupancy of the building exceeds one hundred (100) persons, the artificial lighting system as regulated herein shall be on an emergency circuit. 10 �a I r �10 I Lui , u, DORM MICROLAS G. 3. All basements and cellars shall be provided with an adequate lighting system which may be turned on when needed. 4. Intensity of Light. An adequate lighting system, as required herein, shall mean an intensity of two (2) foot candles at a plane thirty (30) inches above the floor line. 5. The required intensity shall apply to both natural and artificial lighting. Ventilation. 1. Natural Ventilation. 2. 3 4. (a) The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size as required above. (b) During that portion of the year when the Housing Inspector deems it necessary for protection against mosquitoes, flies, and other insects, every door used for ventilation, opening directly from a dwelling unit or rooming unit to outdoor space, shall have supplied screens of not less than sixteen (16) mesh per inch and a self-closing device; and every window or other device with openings to the outdoor space, used for ventilation, shall like- wise be supplied with such screens. (c) In a bathroom or toilet room, the minimum window size shall be not less than four (4) square feet between stop beads. (d) Whenever a window faces an exterior wall or structure which extends higher than the ceiling of the room and is located less than three (3) feet from the window, such window shall not be included as contributing to the required minimum window area for the purpose of ventilation. Mechanical Ventilation. (a) In lieu of openable windows, adequate ventilation may be a system of mechanical ventilation which provides not less than fifteen (15) air changes per hour in all habitable rooms and/or bathrooms or toilet compartments. (b) No mechanical exhaust system, exhausting vapors, gases or odors shall be discharged into an attic, crawl space or cellar but shall be directed to the outside air; except that this shall not prevent the mechanical exhausting of normal room air to attics when used solely for cooling purposes. Basements and Cellars. (a) Cellars and nonhabitable areas of basements shall be provided window area of not less than one (1) percent of the floor area. (b) Every cellar window used or intended to be used for ventilation, and every other opening to a cellar or crawl space which might provide an entry for rodents, shall be supplied with a heavy wire screen of not larger than one-fourth (;x) inch mesh or such device as will effectively prevent their entrance. Crawl Spaces and Attic Spaces shall be provided with ventilating area not less than 1/300ths of the floor area. JORM MICROLA6 .....r Lf JUiCll i'tll.kULAb • 'Low, .:Hr.J 11 11 ,_.. . . Heatin . 1. Every dwelling shall have heating facilities which are properly installed, are maintained in safe and -good working condition, and are capable of safely and adequately heating all habitable rooms, bath- rooms, and toilet rooms located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit (20 degrees C) and shall maintain in all said locations a minimum temperature of sixty-five (65) degrees Fahrenheit, (18 degrees C) at a distance of three (3) feet above the floor level at all times. Such heating facilities shall be so operated and equipped that heat as herein specified is available to all dwelling units and rooming units. 2. Every central heating unit, space heater, water heater, and cooking appliance shall be located and installed in such a manner, so as to onablaffordor reass routeseinrtheceventotetion aof�uncontrolledefirefin9thesstructure. facilities 3. Every fuel burning heating unit or water heater shall be effectively vented in a safe manner to a chimney or duct leading to the exterior of the building. The chimney, duct, and vents shall be of such design as to assure proper draft, shall be adequately supported, and shall be kept reasonably clean and in good condition. 4. No fuel burning furnace shall be located within any sleeping room or bathroom unless provided with adequate ducting for air supply from the exterior, and the combustion chamber for such heating unit shall be sealed from the room in an airtight manner. Water heaters are pro- hibited in bathrooms or sleeping rooms. 5. Every steam or hot water boiler and every water heater shall be protected against overheating by appropriate temperature and pressure limit controls. 6. Every gaseous or liquid fuel burning heating unit and water heater shall be equipped with electronic ignition or with a pilot light and an automatic control to interrupt the flow of fuel to the unit in the event of plenum shalllure haveof the a limit9nition controldtoipreventlsuch overheating. units with CHAPTER 9.30.6 MINIMUM SPACE2 USE AND LOCATION REQUIREMENTS No person shall occupy as owner -occupant, or let to another for occupancy any dwor elling unit, purpose living, sleeping, or eating therein, which does not compywith thefollowingrequrements: A. Habitable Room Size. All habitable rooms used for living, sleeping, and eat ng sha conta n at least eighty (80) square feet of floor area and no such room shall be less than seven (7) feet wide. The minimum size for habitable rooms used for food preparation shall be forty (40) square feet in area and a kitchenette may be less than seven (7) feet wide. In all dwellings and in each apartment or group or suite of rooms, there shall be at least one( 1) room containing not less than one hundred twenty (120) square feet of floor area. 12 JORM MICROLA6 . r. ).- _ by JURM MILkULIAb • _LJHH r"M' . )� "a" .• B. Floor Area Per Occu ant. Every dwelling unit shall contain at least one hundred fifty 150 square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space for every additional occupant thereof. C. Air Space In Sleeping Rooms. In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes shall contain at least four hundred (400) cubic feet of air space for each occupant twelve (12) years of age or older and at least two hundred (200) cubic feet of air space for each occupant under twelve (12) years of age. Ceii'in Heighht. No habitable room in any dwelling shall be in any part ess tl han seven (7) feet high from finished floor to finished ceiling; the average height of any such room shall not be less than seven feet six inches (7'611). Any habitable room located directly below a roof in a private or a two (2) family dwelling requires a seven (7) foot ceiling height in one-half (�) its area, and areas of less than five (5) feet ceiling height shall not be considered as a part of the required room area. Direct Access. Access to each dwelling unit or rooming unit shall not requir— a first entering any other dwelling unit or rooming unit (except that access to rooming units may be through a living room of a unit occupied by the owner -operator of the structure). Basement Space May Be Habitable. No basement space shall be used as a habitable area unless: 1. The floor and walls are of waterproof and damp proof construction. 2. The total window area in each room is equal to at least the minimum window area sizes as required in Sections 9.30.5.E. and 9.30.5.G.l.a. 3. Said rooms shall have a minimum ceiling height of seven (7) feet in all parts from finished floor to finished ceiling. 4. There shall be appurtenant to such room the use of a toilet room. CHAPTER 9.30.7 RESPONSIBILITIES OF OWNERS RELATING TO THE MAINTENANCE OF DWELLINGS AND DWELLING UNITS No person shall occupy as owner -occupant, or let to another for occupancy, any dwelling unit, or portion thereof, for the purpose of living therein, which does not comply with the following requirements: A. Maintenance of Structure. Every foundation, roof, floor, wall, ceiling, stair, step, sidewalk, and every window, door, and other aperature covering shall be maintained in good condition. Every door, door hinge, door latch, and door lock shall be in good condition and every door, when closed, shall fit reasonably well within its frame. There shall be no exposed cracks or openings in or around door frame. All windows and exterior doors, and their frames, shall be constructed and maintained in weather-proof condition. 13 DORM MICROLAS 2. Every doorway providing ingress or egress from any dwelling unit, rooming unit, or habitable room shall be at least six (6) feet four (4) inches high and twenty-four (24) inches wide. All entrance doorways to dwelling units and rooming units shall be equipped with doors which effectively close the doorway. 3. Every interior partition, wall, floor, and ceiling shall be capable of affording privacy and maintained so as to permit them to be kept in a clean and sanitary condition. 4. Every foundation, exterior wall, exterior door, and roof shall be reasonably weather -tight, water -tight, rodent -proof, and insect -proof. Rainwater Drainage. All eaves, troughs, downspouts, and other roof drain- age equipment of the dwelling and its accessory structures shall be main- tained in a good state of repair and so installed as to direct rainwater away from the structure. C. Chimne s and Smoke i es. Every chimney and every supplied smokepipe shall e adequately supported, reasonably clean, and maintained in a reasonably good state of repair. D. Gradin gDrainage and Landscaping of Premises. Every premises shall be graded and drained so no stagnant water will accumulate or stand on the premises, and every premises shall be continuously maintained in a sanitary, erosion -free, and dust -free condition by suitable landscaping with grass, trees, shrubs, or other planted ground cover, or by paving with asphalt, concrete, or by such other suitable means as shall be approved by the Housing Inspector. Where a premises is occupied or shared by less than three (3) dwelling units, the continued maintenance of the premises in the above condition shall also be the responsibility of the occupants. E. Protection of Exterior Wood Surfaces. All exterior wood surfaces of the dwe ling and its accessory structures, fences, porches, and similar appur- tanences shall be reasonably protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. F. Electrical System. The electrical system of every dwelling shall not by reason of overloading, dilapidation, lack of insulation, or improper fusing, or for any other cause, expose the occupants to hazards of elec- trical shock or to the hazards of fire. 1. Every habitable room shall be equipped with a safe electrical switch located near and convenient to the room entrance which activates an illuminary within the room. Every habitable room shall contain at least two (2) separate floor or wall type electric double convenience outlets which shall be situated a distance apart equivalent to at least twenty-five (25) percent of the perimeter of the room; and every toilet room, bathroom, laundry room, furnace room, and public hall shall contain at least one (1) supplied ceiling or wall type electric light fixture. Every such outlet and fixture shall be properly installed and shall be maintained in good and safe working condition. 14 .IORM MICROLAS .r is br JUH61 b11LkULAU ILWI1< 1-1.11I1P 111, I. .. G. Maintenance of Gas Appliances and Facilities. 1. Every gas appliance shall be connected to a gas line with solid metal piping except that listed metal appliance connectors or semi-rigid tubing may be used if approved by the Housing Inspector. 2. Every gas pipe shall be sound and tightly put together and shall be free of leaks, corrosion, or obstruction so as to reduce gas pressure or volume. 3. Gas pressure shall be adequate to permit a proper flow of gas from all open gas valves at all times. H. Maintenance of Supplied Plumbing Fixtures. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in good, sanitary working condition. 1. All plumbing shall be so designed and installed as to prevent con- tamination of the water supply through back flow, back siphonage, cross connection, and any other method of contamination. 2. Water pressure shall be adequate to permit a proper flow of water from all open outlets at all times. I. Surfaces Im ervious to Water. Every toilet room floor surface, bathroom floor surface and Itchen floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. J. Supplied Facilities. No owner or operator shall cause any service, face ity, equipment, or utility which is required to be supplied under the provisions of the Housing Code to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by actualxrept foairs,, replacemsuch ents,'yornalterationstion aareabeingbe nmade. while Cisterns. All s or ar lities K bevfend y coveredstornfillediinlsuchaaewaytasanotftoi hall create a hazard to life or limb. L. Sealed Passa es. All pipe passages, chutes, and similar openings through wa s or f oors shall be adequately enclosed or sealed to prevent the spread of fire or passage of vermin. M. rw st Extermination. Every owner of a dwelling containing two (2) or more e Ing um isshall be responsible for the extermination of insects, dents, or other pests on the premises. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or extermination therarts of eofwshall9be the responsibtwo ility of thor moree owner. welling units, N. Prohibited Animals. No horse, cow, calf, swine, sheep, goat, chickens, geese, or ducks shall be kept in any dwelling or part thereof. Nor shall any such animal be kept on the same lot or premises with a dwelling except under such conditions as may be prescribed by the Housing Inspector. 15 JORM MICROLA6 ...,n ., ... n JUifN M!f( <UL AU I.LJnn r%" I-).' ':"' .- 0. Owner to Let Clean Units. No owner shall permit occupancy of any vacant dwelling unit or rooming unit unless it is clean, sanitary and fit for human occupancy. P. Maintains Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall be responsible for maintaining in a safe and sanitary condition the shared or public areas of the dwelling and premises thereof. Q. Maintenance of Fences. Every fence shall be kept in a reasonably good state of maintenance and repair or shall be removed. R. Maintenance of Accessor Structures. Every foundation, exterior wall, roof, win ow, exterior, door, basement hatchway, and every other entranceway of every accessory structure shall be so maintained as to prevent the structure from becoming a harborage of rats and shall be kept in a rea- sonably good state of repair. S. Alterations. All structural alterations of dwellings and accessory structures s a be done in accordance with all applicable Ordinances of the City of Iowa City and with all rules and regulations adopted pursuant thereto. CHAPTER 9.30.8 RESPONSIBILITY OF OCCUPANTS RELATING TO THE MAINTENANCE OF DWELLINGS AND ROOMING UNITS A. Occupant Responsible for Controlled Area. Every occupant of a dwelling or dwelling unit shall keep in a clean, safe, and sanitary condition that part of the dwelling, dwelling unit, and premises thereof he/she occupies and controls. 1. The floor and floor covering shall be kept reasonably clean and sanitary. 2. Every wall and ceiling shall be reasonably clean and free of dirt or greasy film. 3. No dwelling or the premises thereof shall be used for the storage or handling of refuse. B. Plumbin5 Fixtures. The occupants of a dwelling unit shall keep all sup- plied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the use and operation thereof. C. Extermination of Pests. Every occupant of a dwelling containing a single we ng unit shall be responsible for the extermination of any insects, rodents, or other pests therein or on the premises; and every occupant of a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination within the unit occupied by him/her whenever said dwelling unit is the only one infested. Not withstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a reasonably rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. D. Storage and Disposal of Garbage. Storage and disposal of garbage and rubbish shall comply with the requirements of the ordinances of the Code of Iowa City concerning same and the Housing Inspector shall enforce the requirements contained therein. 16 DORM MICROLAB I,';."..i. by JURM !41CkULNu ILJhi< ;;v I � j n.4" . . 1. Every occupant of a dwelling containing one (1) or two (2) dwelling units shall dispose of rubbish, garbage, and any otherorganic waste in a clean and sanitary manner, by placing it in app roved facilities or storage containers required by the Ordinances of Iowa City. 2. In dwellings containing one (1) or two (2) dwelling'units it shall be the responsibility of the occupant to furnish adequate garbage an rubbish disposal facilities or storage containers of approved type and location. E. Use and 0 eration of Su lied Heatin Facilities. Every occupant of a we ling unit sha 1 be responsible far the exercise of reasonable care, proper use, and proper operation of supplied heating facilities. F. Electrical �9• No temporary wiring or extension cords shall be used except extension cords which run directly from portable electric fixtures to convenience outlets and which do not lie beneath floor coverings or extend through doorways, transoms or similar apertures in structural elements or attached thereto. G. Installation of Screens, Storm Doors, and Storm Windows. Every occupant of a el tng or we 111 unit sha be responsib a for hanging all screens and double or storm doors and windows whenever the same are required under the provisions of the Housing Code, except where the owner has agreed to perform the service. CHAPTER 9.30.9 ROOMING ES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the following requirements: A Permit_ Required. No person shall operate a rooming house unless he or she is an occupant of said rooming house and holds a valid rooming house permit issued by the Department of Housing and Inspection Services in the name of the rooming house operator and for the specific dwelling or dwelling unit within which the rooming house is contained. ll ile, in B. A lication fo�ication forha rooming house phouse ermit withathefDepartmentpof. fusing an app p application forms provided by the Housing and Inspection Th Services on Housing Inspector. The operator shall file with the permit application an occupancy permit, issued by the Inspector of Buildings, for the operation of a rooming house in the dwelling or dwelling unit designated in the rooming house permit application. es. When all C issuance 0 regulations adopted pursuant thereto, and other applicable codes of the City of Iowa City, have been complied with by the rooming house operator, the Department of Housing and Inspection Services shall issue a rooming house permit and an occupancy record card upon the payment of a.fee, the amount of which shall be set by Resolution of the City Council of Iowa City, Iowa. The permit shall state the maximum number of persons that may reside in the total of all rooming units or portions thereof for which the rooming house permit is issued. 17 .. Ii, RIO iLVII I:1 B1 JorRM MICROLA9 D. Occupancy Record Card. Every occupancy record shall list the maximum number of persons that may reside in the total of all rooming units located in the dwelling or portions thereof for which the rooming house permit is issued. The occupancy record cards shall also list the maximum number of persons which may occupy each individual rooming unit located in the dwelling or portions thereof for which the rooming house permit is issued. All of the rooming units listed on the occupancy record card shall be located in such portions of the dwelling as are permitted to be occupied under the provisions of the occupancypermit filed in accordance with the provisions of Sections 9.30.9.8. and 9.30.9.E. of the Housing Code. Every rooming house permit issued by the Department of Housing and Inspec- tion Services shall be conspicuously posted by the rooming house operator in a public corridor or hallway or other public portion of the rooming house for which it is issued and shall remain so posted at all times. Every occupancy record card shall be posted in the rooming house by the rooming house operator in a place where such cards are readily accessible for examination by the Housing Inspector. E. Operator to Control Occupancy. No rooming house operator shall at any time allow a greater number of persons to occupy the total of all rooming units located within a rooming house than the maximum number of persons listed on the rooming house permit and the occupancy record cards. No rooming house operator shall at any time allow a greater number of persons to occupy any individual rooming unit than the maximum number of persons listed on the occupancy record cards for each such unit. Nontransferability of Permit. No rooming house permit issuedunder the provisions of the Housing Code shall be transferable and every rooming house operator shall notify the Department of Housing and Inspection Services in writing within twenty-four (24) hours after having relinquished proprietorship or having sold, transferred, given away, or otherwise disposed of such interest or control of any rooming house, and shall file in writing with the Department of Housing and Inspection Services the name and address of the operator to whom proprietorship has been relinquished by sale, gift, or other method of transferal or disposition. Relationship of Permit to Buildino Code. The issuance of a rooming house permit to any rooming house shall not in any way signify or imply that the e or the Building and Zoning Code rooming house conforms with the Fire Cod of the City of Iowa City, Iowa. The Issuance of a rooming house permit shall not relieve the owner or rooming house operator of the responsibility for compliance with said Fire, Building, and Zoning Codes. A licabilit of Other Sections of the Housin4 Code. No person shall operate a rooming ouse un ess a of the requ rements previously set forth in the Housing Code are complied with. Every dwelling unit located within a rooming house shall comply with all of the requirements for dwelling units as established in accordance with the provisions of the Housing Code. Hearing When RoomRearing House Permit_is Denied. Any person whose application fora permit to oate a rooming house has been denied may request and uest Board shall be granted on the matter before the Housing App under the procedure provided by the Administrative Procedures Ordinance of Iowa City. 18 JORM MICROLA13 LY jURN MlCkULAu _Ljt,!, bv, _, L J. Suspension of Permit. Whenever upon inspection of any rooming house the Housing Inspector finds that conditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the rooming house operator of such rooming house that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rooming house operator's rooming house permit will be suspended. At the end of such period the Housing Inspector shall re -inspect such rooming house, and if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that the permit has been suspended. K. Hearing When Rooming House Permit is Suspended• Revocation of Permit. Any person whose permit to operate a rooming house has been suspended or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his rooming house are corrected may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Iowa City Administrative Procedures Ordinance, provided that if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to have been automatically revoked. Upon receipt of notice of permit revocation, the rooming house operator shall cease operation of such rooming house, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. L. Toilets and Lavatory Basins. At least one (1) toilet, and one (1) lavatory basin in good working condition, shall be supplied for each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family wherever they share the said facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more than one-half (,) of the required number of toilets. M. Baths. At least one (1) bath, in good working condition, shall be supplied Tor—each eight (8) persons or fraction thereof residing within a rooming house, including members of the rooming house operator's family whenever they share the use of said facilities. N. Location of Sanitar Facilities. Every toilet, lavatory basin, and bath shalla locatedwithin a room or rooms which afford privacy to a person within said room or rooms. All such facilities shall be so located within the rooming house as to be accessible to the occupants of each rooming unit sharing such facilities without going outside of the dwelling and without going through a dwelling unit or through a rooming unit of another occupant. 0. Minimum Floor Area for Slee in Purposes. Every room occupied for sleeping purposes by one 1 person shall contain at least eighty (80) square feet of floor space, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. Every rooming unit shall contain at least four hundred (400) cubic feet of air space for each occupant thereof. 19 1V PW ill![ .1 10 JORM MICROLA6 .-u ,L',,J hi JUk61 1-11LkULA6 L[. J�.It i(li l'IW Hifi .iL� •_ •• P. Pre oration or Eatin of Meals in Roomin Units Prohibited. No occupant of a rooming house sha 1 prepare or eat meals or store cooking utensils in a rooming house unless such meals are prepared or eaten in a dwelling unit contained therein, except that occupants may prepare and eat meals and store cooking utensils in a communal kitchen and may eat meals in a com- munal dining room in accordance with the provisions of Subsections 9.30.9.Q and 9.30.9.R. Q. Communal Kitchens. A communal kitchen shall comply with the following requirements: 1. The minimum floor area of a communal kitchen shall be sixty (60) square feet; 2. The minimum floor area of a communal kitchen in which roomers are permitted to prepare and eat meals shall be one hundred (100) square feet; 3. It shall contain at least one (1) supplied kitchen sink of an approved type; 4. It shall contain at least one (1) supplied kitchen gas or electric range. Every supplied range shall have at least two (2) top burners and an oven; 5. It shall contain one (1) supplied refrigerator. 6. It shall contain at least one (1) supplied table or other facility having a total surface area for food -preparation of not less than six (6) square feet. The surface of such table or other facility shall be suitable for the preparation of food, smooth, free of cracks, and easily cleanable; 7. It shall contain at least one (1) suitable supplied cabinet of adequate size and suitable storage of food and eating and cooking utensils; 8. Every communal kitchen shall be located within a room accessible to the occupant of each rooming unit sharing the use of such kitche, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant. R. Communal Dining Rooms. Every rooming house, within which the occupant of any rooming unit is permitted to prepare meals or cook within a communal kitchen containing less than one hundred (100) square feet of floor area, as provided in Section Q, shall contain a communal dining room which com- plies with all of the following requirements: 1. Every communal dining room shall be located on the same floor of the rooming house as the communal kitchen and such dining room shall be as nearly adjacent to the communal kitchen as is practicable; 2. Every communal dining room shall be located within a room accessible to the occupant of each rooming unit sharing such dining room, without going outside of the dwelling and without going through a dwelling unit or rooming unit of another occupant; 20 _.!dKQOi IUAI:P BY JORM MICR©LAB S. T U V W X D Z. AA .",' ), .[,.�: , fsY JURM MILkULAu I.LJhn rti11, :J� ";'L "L� 3. Every communal dining room shall contain not less than eighty (80) square feet of floor area; 4. The surface of each dining table shall be smooth, free of cracks, and easily cleanable. No Cooking In Rooming Units. The operator shall prohibit the cooking and preparation of food in every rooming unit. Shades Drapes, Etc.. Every window of every room used for sleeping shall be supplied with shades, draw drapes, or other devices of materials which, when properly used, will afford privacy to the occupant of the room. Sanitar Maintenance. The rooming house operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the rooming house is contained, is leased or occupied by the owner. The occupant of every rooming unit shall keep his personal be- longings contained within the unit in a clean, neat, and orderly condition so as to facilitate the ability of the operator to discharge his respon- sibilities for sanitary maintenance within every rooming unit as set forth in this subsection. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facil - ities or storage containers whose type and location are approved shall be supplied by the rooming house operator. The rooming house operator shall be responsible for the disposal of all garbage in a clean and sanitary it in manner through the use of approved mechanical equipment or by placing the required containers. Han in Screens, Storm Doors, Storm Windows. The owner of a rooming house shal be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. Infestation. The owner of a rooming house shall be responsible for the extermination of any insects, rodents, or pests therein. Fire Extinguishers. Fire extinguishers suitable for the occupancy and which are approved by the Housing Inspector shall be provided in every rooming house. Extinguishers shall be properly hung and shall be main- tained in operable condition at all times. Heatin Units Fire Protected. In every rooming house in which space is let to more than four 4 persons and served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive construction including all walls, ceilings, and doors, or such heating units.shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. Earl Warnin Fire Detection S stem. Every dwelling and rooming unit in room ng ouses sha be prov de with a smoke detector as approved by the Fire Marshal. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used 21 .. � 'alCaw IU�I o div JOF?M MICROLAB iiY JORPI MILRULAU _ L L)Arrt 1%10' I J, r,:lL ,. for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit or rooming unit. BB. Safe Storage Required. Rooming houses shall provide for every rooming unit a facility for the safe storage of drugs and household poisons. CC. Hazardous Storage. There shall be no transom, window, or door opening into T public hall from any part of a rooming house where paint, oil, gasoline, or drugs are stored or kept for the purpose of sale or otherwise. DO. Ways of Egress. Every rooming house shall have at least two (2) indepen- dent ways of egress from each floor level as approved by the Fire Marshal. 1. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with Building and Fire Codes of Iowa City. 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a rooming house are rusty, the owner shall have them properly painted. CHAPTER 9.30.10 MULTIPLE DWELLINGS No person shall operate a multiple dwelling, or shall occupy or let to another for occupancy any dwelling unit in any multiple dwelling, except in compliance with the following requirements: A. Permit Required. No person shall operate a multiple dwelling unless he holds a valid rental permit issued by the Department of Housing and In- spection Services in the name of the operator and for the specific dwelling or dwelling units. B. Relationship of Permit to Bu ino Code. The issuance of a rental permit to any multiple dwelling shall not in any way signify or imply that the multiple dwelling conforms with the Fire Code or the Building and Zoning Codes of the City of Iowa City, Iowa. The issuance of a rental permit shall not relieve the owner or operator of the responsibility for com- pliance with said Fire, Building, and Zoning Codes. C. Applicability of Other Sections of the HousingCode. No person shall ellin operate a multiple wg unless all of the requirements for dwelling units as previously set forth in the Housing Code are complied with. D. Hearing When Rental Permit is Denied. Any person whose application for a permit to operate a multiple dwelling has been denied may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa city. 22 �. (dl Cif ill IIJ�iI II 141 DORM MICROLA13 I, _ __ k jURM 1.1; L kLLi,n ,i,, r. .,v 1111 . .. Sus ension of Permit. Whenever upon inspection of any multiple dwelling t e ousing Inspector finds that conditions or practices exist which are in violation of any provision of the Housing Code or of any rule or regulation adopted pursuant thereto, the Housing Inspector shall give notice in writing to the owner of such multiple dwelling that unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Inspector, the rental permit will be suspended. At the end of such period, the Housing Inspector shall re -inspect such multiple dwelling and, if he finds that such conditions or practices have not been corrected, he shall suspend the permit and give notice in writing to the operator that the latter's permit has been suspended. F. Hearin When Multi ie uwel n in, reruu� _ � - Any person person whose permit to operate a mu tiple a: I— ing has been suspended or who has received notice from the Housing Inspector that his permit is to be suspended unless existing conditions or practices at his multiple dwelling are corrected may request and shall be granted a hearing on the matter before the Housing Appeals Board under the procedure provided by the Administrative Procedures Ordinance of Iowa City, provided that, if no petition for such hearing is filed within ten (10) days following the day on which such permit was suspended, such permit shall be deemed to be automatically revoked. Upon receipt of notice of permit revocation, the operator shall cease operation of such multiple dwelling, and after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any dwelling unit or rooming unit therein. G. by Fire Extin uishers. Fire extinguishers suitable for the occupancy and w ich are approved the Housing Inspector shall be provided in every multiple dwelling. Extinguishers shall be properly hung and shall be maintained in operable condition at all times. H. Heating Units Fire Protected. In every multiple dwelling served by a common central heating system or water heating system, the heating unit or units shall be suitably enclosed with one (1) hour fire resistive con- struction including all walls, ceilings, and doors, or such heating units shall be enclosed in a room provided with a sprinkler system approved by the Fire Marshal. I. 0 erator to Maintain Orderl Premises. The operator of every multiple we ing sha at all times maintain the premises in an orderly manner and free of materials which are hazardous to life, health, or property. J. Hazardous Storage. There shall be no transom, window, or door opening into le as- oline,iorhdrugsrare storedtorfkeptuforpthedpurpose ofere saleaortotherwise. K. Closets. In multiple dwellings no closet of any kind shall be constructed undercase leftfrom the entirelyeopennce andskept clearto eandper freestories, from encumbrance. all be an L thelar celiarrorce. othernevery lowest storyple fromwtheioutsideeofhthe buildingtrance to 23 DORM MICROLAS jURH MILkULNb M. Scuttles and Bulkheads. In all multiple dwellings where there are scuttles or bulkheads, they and all stairs or ladders leading thereto shall be easily accessible and shall be kept free from obstruction and ready for use at all times. No scuttle and no bulkhead door shall at any time be locked with a key, but may be fastened on the inside by movable bolts or hooks. Skylight Access to Roof. Unless there is a bulkhead in the roof, there shall be over every inside stairway'used by more than one (1) family, a skylight or scuttle not less than two feet by three feet (2'X3') in size. Every flat roof multiple dwelling exceeding one (1) story in height shall have at least one (1) convenient and permanent means of access to the roof located in a public part of the building and not in a room or closet. 0. Safe Storage Required. Multiple dwellings shall provide a facility not easily accessible to children for the safe storage of drugs and household poisons in every dwelling unit. Earl lJarnin Fire Protection Systems. Every dwelling unit within a multiple dwel ing sha 1 be provided with smoke detectors as approved by the Fire Marshal. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency dwelling unit, the detector shall be centrally located on the ceiling of the main room. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve (12) inches of the ceiling. Care shall be exercised to insure that the installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit. Q. Sanitar, Maintenance. The owner of every multiple dwelling shall be responfib ee f e maintenance and sanitary condition of all public areas therein. R. Garbage Disposal or Storage. Adequate garbage and rubbish disposal fa- cilities or storage containers whose type and location are approved shall be supplied by the multiple dwelling owner. The owner shall be responsible for disposal of all garbage in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers. S. Han in Screens, Storm Doors, Storm Windows. The owner of a multiple Ni?ing sha 1 be responsible for providing and hanging all screens and storm doors and windows whenever the same are required under the provisions of the Housing Code. Screens shall be provided not later than the first day of June each year. Ways of Egress. Every multiple dwelling shall have at least two (2) independent ways of egress from each floor level as approved the the Fire Marshal. No existing fire escape shall be deemed a sufficient means of egress unless it is in compliance with the Building and Fire Codes of Iowa City. 24 .IORM MICROLA6 h' JURM 1-110WLnG _L JWi%'11 - vim `:`� "L 2. All means of egress shall be maintained in a good state of repair and shall be free of obstruction at all times. 3. Whenever fire escapes on a multiple dwelling are rusty, the owner shall have them properly painted. CHAPTER 9.30.11 REMEDIES A. Unfit for Habitation. Any dwelling, dwelling units, or rooming unit which sha be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Housing Inspector: One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public. 2. One which lacks light, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. 3. One which, because of its general conditions or location, is un- sanitary or otherwise dangerous to the health or safety of the occupants or of the public. B. Condemnation Procedures. The Housing Inspector shall leave a reasonable period of time, but not more than six (6) months, between the time he placards the property and the time he begins condemnation proceedings if remedial action is not taken to correct the situation for which the dwelling was placarded. C. Vacate Condemned Dwelling. Any dwelling or any portion thereof condemned as unfit for human habitation and so designated and placarded by the Housing Inspector shall be vacated immediately or as ordered by the Housing Inspector. D. To Re-Occu Condemned Dwelling. No dwelling or portion thereof which has been condemne an placarded as unfit for human habitation shall again be used for human habitation until written approval is'secured from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such placard whenever the defect or defects upon which the condem- nation and placarding action were based have been eliminated. E. Removal of Placard Prohibited. No person shall deface or remove the placard from any dwel-Fin—g—,cTmelling unit, or rooming unit which has been condemned as unfit for human habitation and placarded as such, except as provided in subsection 9.30.12.0. CHAPTER 9.30.12 RETALIATORY CONDUCT PROHIBITED A. Retaliatory Conduct Defined. Retaliatory conduct is an increase in rent or other fees, a creaseoin services, a termination or threat of termination 25 DORM MICROLAB ...,. n BY JUHM iiICKULAD of a rental agreement, the bringing or the threat of bringing an action for possession which is the result of the tenant doing any one of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a safety or health code of a violation applicable to the premises materially affecting health and safety; or 2. The tenant has complained to the owner or operator of such a vio- lation; or 3. The tenant has organized or become a member of a tenant's union or similar organization; or 4. The tenant has pursued legal remedies. B. Presumption of Ret ailiator y Conduct. In any action by or against the tenant, evidence of a complaint or other protected activity within six (6) months before the action creates a presumption that the conduct on the part of the owner or operator was retaliatory in nature. This presumptiorr does not arise if the tenant engaged in such protected activity after notice of a proposed rental or fee increase, diminution of services or termination of rental agreement. "Presumption" means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence. C. Owner's Rights. Notwithstanding other provisions of this ordinance, an owner or operator may increase rent or other fees, decrease services, terminate a rental agreement, bring an action for possession or act other- wise upon a showing of, but not limited to, the following: 1. The condition or conditions found in violation of the health and safety codes were directly caused by the tenant or the members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry at reasonable times to the owner or operator or agent of either to the premises for the purpose of cor- recting such condition or conditions. 3. Compliance with applicable safety or health codes require a reduction in services or an alteration, remodeling, or demolition which would effectively deprive the tenant of use of the leased premises. 4. The tenant is in default in rent. D. Tenant Defense. If the owner or operator acts or engages in retaliatory conduct as defined, the tenant has a defense in any action against him for eviction. In addition, the tenant may recover possession or terminate the rental agreement. If the rental agreement is terminated, the owner or operator shall return any and all amounts already paid by the tenant to which the owner or operator is not legally entitled. E. Normal Lease Term. The provisions of this Chapter shall not apply in such a way as to amt negotiation of a lease renewal at the end of the normal term of an original lease. CHAPTER 9.30.13 RENT ESCROW A. Noncompliance. 1. Deposit in Escrow. Notwithstanding any other provision of law or any agreement, whether oral or written, if a lessor of residential premises, W JORM MICROLAm MiCk0i'ILMED BY JORM MICROLAB CEDAk RAPIDS AND ULS fails to comply with an order of the (lousing Inspector to correct a violation of the (lousing Code, the Housing Inspector shall, upon ti: expiration of the original notice of such violation, serve Notice in writing that the dwelling or dwelling unit is eligible for rent escrow. Said notice shall be sent to the owner by certified mail return receipt requested with copies forwarded to each tenant affected by such notice. Certification for Rent Escrow shall be given by a housing inspector upon a showing to the inspector of eligibility for rent escrow and the production of a signed rent escrow agreement with a bank, trust company or other lending institution approved by the City bearing a certificate of the Johnson County Recorder that the same has been recorded. Application for Certification must be made within 30 days of Notice of Eligibility or final determination by the Housing Appeals Board. A dwelling or dwelling unit is eligible for Certification of Rent Escrow if Notice of Eligibility for Rent Escrow is not appealed as provided for in this ordinance or upon a decision by the Housing Appeals Board upholding in whole or in part the Notice of Eligibility. Upon such Certification the duty of any tenant to pay, and the right of the lessor to collect rent, shall be suspended without affecting any other terms and conditions of the landlord -tenant relationship until the dwelling or dwelling unit is certified as in compliance or until the tenancy is terminated for any reason other than the nonpayment of rent. 5. During any period when the duty to pay rent is suspended, and the tenant continues to occupy, the rent withheld shall be deposited by the tenant into an escrow account in a bank, trust company or any other lending institution approved by the City of Iowa City. Said rent shall be paid to the lessor when the premises is certified as in compliance with the Housing Code, at any time within six (6) months from the date on which it was certified for Rent Escrow. Any funds deposited in escrow may be used by the lessor for the purpose of making such dwelling or dwelling unit comply with the Housing Code pursuant to adopted escrow procedures. No tenant shall be evicted for any reason relating to non-payment of rent while the rent is deposited in escrow. However, a tenant may be evicted for holding over after the end of the lease term in any written lease. After six (6) months from the date of Certification, the lessor may evict the tenant for purposes of vacating or demolition of said premises if the lessor deems it to be economically unfeasible to repair or renovate the premises. In that event, no certificate of occupancy shall be issued and no person shall occupy said premises for a period of one (1) year following the tenant's eviction. If, at the end of six (6.) months after the Certification of the dwelling or dwelling unit, such dwelling or dwelling unit has not been certified in compliance, any monies unencumbered or remaining in escrow shall be payable to the depositor. 27 MICROMME0 BY i DORM MICR+LAB frpnr; n.SrIP° . IIt f•LILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MuiNLS, :uWt+ B. Administration. The City Manager shall develop and establish written procedures for the deposit and disbursement of all monies derived as a result of the rent escrow program. Such procedures shall be adopted by resolution by the City Council. C. Nearing Oefore Housing Appeals Board. Upon appeal of any Notice of Eligibility for Rent Escrow the lessor may assert and present evidence as to why a particular premises does not qualify for escrow matters eresented, theowermayassert and show, not imtedto, the following: 1. The deficiencies found by the Housing Inspector have been directly caused by the tenant or members of the tenant's family beyond ordinary wear and tear. 2. The tenant has refused entry to the owner or his/her agent for the purpose of correcting such condition or conditions. 3. The owner or his/her agent had no knowledge or had no reason to believe that said deficiencies had existed in the dwelling or dwelling unit. 28 4 `r � MICROFILMED BY JORM MIC R+LAB CrPAP PAPIP`, • 'IES MINES IAICROFILIdCD BY f JORM MICR+LAB C(Onl V.rlllnr, ;1(S MMNES MILRUHLMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUiiiLj, i1J i,% City of Iowa Clip, DATI� April 12, 1978 TO: Neal Berlin, City Manager FROM: Tony Kushnir, Asst. City Attorney RE: Rent Escrow While working with Mike Kucharzak on procedures for implementing the rent escrow program in the proposed Housing Maintenance Code, I found that certain provisions in said section dealing with rent escrow would need to be modified so as to clarify when the escrow program is triggered and the appeal rights of the individuals concerned. Briefly, the modification provides that the rent escrow program is triggered by a Notice of Eligibility which is served upon the errant owner and any affected tenants. The owner at that time may request an appeal of the premises eligibility to the Housing Appeals Board. Absent an appeal, the tenant would apply for Certification of the premises for rent escrow within 30 days of such notice by showing to a housing inspector a signed rent escrow agreement which has been recorded with the Johnson County Recorder. Certification would be given at that time. Should the Notice of Eligibility be appealed, the tenant would apply for Certification within 30 days of the Board's decision upholding in whole or in'part the Notice of Eligibility. The rent escrow provisions thereafter would be the same as in the present proposal. �Of ILMED 6Y , JORM MICR+LAB CrIA!, P -1111T . ')Ft movlrS FCtiiUF ILMLU BY JORM MICROLAB CLUAR RAPIDS ARU Uta iU,:,L.,, 4'v11" 551 low;: 259 NORTH WESTERN REPORTER, 2d SERIES allow con,truction of a shopping center. Petersen's r.luut for rezoning before the zoning cuntmi. sion and the city council was denied upon the ground that the land should be reserved for future industrial use. We hold the zoning of Petersen's properly ;is A I agricultural is unreasonable and cenfisratory. We du not at this time reach the ullim:de is,uc of Petersen's entitlement In a C .;,hopping center classification for his properly. Reversed and remanded. III Our nniew is de nova. As a cause is heard in 'he trial court it is generally so considered on appeal. Anderson v. City of cedar BnpiJs, 168 N.W al 739, 741 (Iowa 1969). Under the existing zoning classification Petersen's use of his land is controlled by the concluding phase of the A -I Agricul- tural District's definition: 11 . . is intended to reserve areas suitable for nonagricultural use until the land is needed for development in accord- ance with a future land use plan." The trial court held that the zoning of Petersen's property as A-1 Agricultural was a valid and reasonable zoning classifi- cation. If further found in classifying the land as A-1 Agricultural, Decorah acted primarily for flexible holding purposes with the intention that the land would ultimately be used as an industrial area. It factually concluded that the area was adaptable to either a shopping center use or an industrial use. The issue presented is whether Decorah may "freeze" Petersen's use of his property Pending a future determination by the city of the appropriate use of this property. 12] In zoning, a municipality exercises the police power delegated to it by the state. As a delegated power, it must be strictly construed. Business Ventures Inc. v. Iowa City, 234 N.W.2d 376, 383 (Iowa 1975). The court in Business Ventures recalled the"dn- evitable danger" referred to by Mr. Justice Ilolmes in Pennsylvania Coal Co. v. Sfshon, 260 U,S, 393, 43 S.Ct. 158, 67 L.i'el. 3L2 (192_°): "The protection of private prol�crt;. ir.: w Fifth amendment presupposes that it is wanted for public use, but provides that it shall not be taken for Ruch use without compensation. A similar assumption is made in decisions ulwn the Fourteenth amendment. ((itation) When this srem- ingly absolute protection is found to be qualified by the pidice power, the natural tendency of human nature is to extend the qualifications more and more until at last private property disappears. But that cannot he accomplished in this e. s)' under the Constitution of the United States. . . . We are in danger ntforget- ting that a strong public desire to im- prove the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change." 234 N.W.2d at 382 quoting from 260 U.S. at 415-416, 43 S.Ct. 158. The record indicates the land has remained vacant and unproductive since 1941. The contention by the city that it placed Peter- sen's land in a "holding' classification until the right industry comes along must be assessed against the fact that no new indus- try has been attracted to Decorah since 1963. "Where it appears that under existing zoning restrictions property must remain for an unpredictable future period unim- proved, unproductive and a source of ex- pense to the owners from heavy taxes, the zoning ordinance is unreasonable as to such property." Business Ventures, 234 N.W.2d at 382 quoting from 8, McQuillan, The Law of Municipal Corpo- rations, § 25.45, pp. 118-119. A similar attempt to freeze property use %as made by a municipality in Henle v. City of Euclid, 125 N.E.2d 355, 358 (Ohio 1954). The Ohio court said: "The claim that the city has the right to 'freeze' plaintiff's property pn:vcnting her from its beneficial use until the city gets around W appropriating it for public purposes as a part of the Lakeland Free- way is without foundation." s�-C',i..-- Idle(tflf ltldCll 9Y DORM MICR+LA93 rr'ird r,,; . ),. ,In„jII 141LROFILi4ED BY JORM I.IICROLAB CEDAR RAPIDS AND ULS �IUiNLo, iU�l%� IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY PLUM GROVE ACRES, INC., ) A Corporation, ) ) Plaintiff, ) VS. ) No. E'Q-42065 CITY OF IOWA CITY, A ) CONCLUSIONS OF LAW AND Municipal Corporation, ) FINDINGS OF FACT Defendant. ) Trial to the Court commencing March 12, 1975. Both parties offered evidence and rested. Both parties have•fi;lec_ r - written briefs and arguments with the Court. The Court•tigw. being fully advised in the premises, makes the following `-C) R111 C9 •�•.i ?11 conclusions and findings. ='=; L CONCLUSIONS OF LAW 1. Use districts established by municipal zoning ordinances must be made in accordance with a comprehensive plan with reasonable consideration for the most appropriate use of the land throughout the city. Iowa Code 5 414.3. 2. The reasonableness and validity of a zoning ordinance or its application to a particular parcel of land must be deter- mined on the facts and circumstances of such particular case.. Keller v. Council Bluffs, 246 Iowa 202, 66 N.W.2d 113. 3. The test of whether a zoning ordinance is arbitrarily unreasonable or.discriminatory is whether or not the means employed have any substantial relationship to the public health, sa=ety or welfare, including the maintenance of property va'.,.e.-,. Hanna v. Rathje, 171 N.W.2d 876 (Iowa 1969). -1- g /J` i 141CROFILIIED BY DORM MICM�LAB rrn.w, •101.4rs a 1•tICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND UES MU11lLi, 1U+ln 4, A city council does not have authority to adopt a zoning ordinance Che effect of which is to "remove or impose more or less onerous restrictions uuon a small tract or lot similar in character and use to the surrounding property." Keller v. Council Bluffs, supra. 5. A property owner whose property is the subject of a proposed zoning ordinance as to which a public hearing is required by law is entitled to notice teasonably calculated to advise.him of the contemplated action and time and place of public hearing. FINDINGS OF FACT 1. The property which is the subject of this dispute was involuntarily annexed to the City of Iowa City in 1966. At the time of the annexation, the property was owned by the Plaintiff's contract vendor and upon annexation was automatically classified. as single family residential (R-lA). This was. pursuant to an ordinance of the City of Iowa City (see Paragraph'4,of=' -- Defendant's Answer filed October 30, 1973). The property;iwa,q thus zoned R-lA when Plaintiff contracted to buy it. -� ul 2, In December of 1972 the Plaintiff purchased the property on contract and petitioned the City Council of Iowa City for a rezoning of the property to a highway commercial (CH) use. Said Petition was denied by the Council. In July of 1974, the Council, prompted by a District Court decision in another case holding that the ordinance automatically zoning annexed property as R-lA was invalid, purported to rezone the property R -1A upon published notice and public hearing. The only notice given -2- 'JORM MICR(�LAO MW PVI ', • DF, rmmrs MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUitiLi, iUebA Plaintiff u.. ouch action was puL,lished no Lice and Lhe properly Lias misdescr:.bed as not included for the inLendod zonLn9 cation in in the puh'Lohod notice. 9' he deficiency in the notice renders the July, 1974 action invalid as to Plaintiff's property and the prior zoning ordinance (automatic zoning of annexed property) is deemed invalid as lacking in statutory authority or rational purpose. The Court finds on the evidence presented that .in 1C] addition to the procedural deficiencies pointed out in the preceding hs, the challenged ordinance is invalid on sub'Stant`ve--1-% paragrap = grounds as well. R -JA zoning is not based upon or cons'is'tence with (J .. .� throughout the%City .'!In any comprehensive plan for the use of land t roug J &sU is fact, such a zoning classification of Plaintiff s prop:,,I 0 UI contrary to the comprehensive plan for such land use to the extent the same can be discerned from the credible evidence offered upon the trial. q. The effect of the ordinance in question is to impose a more onerous restriction upon a small tract of ground (Plaintiff's property) which is similar in character and potential use -to the surrounding property zoned on a less restrictive basis. The comprehensive plan for the development of this areaof Iowa City, Iowa (in the proximity of an interchange with Interstate highway 80) envisioned highway commercial development. The tract adjacent to Plaintiff's property owned by the Westinghouse Learning Corporation was zoned highway commercial by Johnson County zoning officials the City. Thereafter, such zoning prior to its annexation by classification was acquiesced in by the City and indeed should have been as it was consistent with the comprehensive plan for the- - 3- • I-IICROFIL14ED By 1 ' JORM MICROLAS f�pN: p�P l!1`. ^FS !•101905 MILROFILMEO BY JORM 141CROLAB CEDAk RAPIUS Al1U ULS ;'WiNLo, ;uv111 development of this area near the interchange, including Plaintiff's property. The zoning classification for the Westinghouse tract has since been changed to office, research, park (ORP). From the evidence presented as to this zoning change for the Westinghouse property, the Court is convinced it was not designed to conform to any comprehensive plan. It came about because Westinghouse discovered that parking requirements for CH zoning were too onerous and desired a zoning classification tailored to its existing use of the property rather than any of the uses contemplated in the comprehensivelplanfor the development of the area. When another property owner in the general vicinity, American College Testing, expanded its operation beyond its prior non -conforming use and had to seek rezoning, it, too, was granted an ORP classification. But from the evidence presented, it appears that this was also motivated by a desire to tailor •the zoning to fit the particular needs of a favored local incdust_ry even though not contemplated by the comprehensive zoning --,,'law . previously existing. To the extent that the Defendant ofe�rci�Cl ..� evidence that ORP zoning was at any time part of. the co6'aehehsive plan for the development of this area, such testimony is specifically disbelieved by the Court. 5. From the findings made in the previous paragraph, the Court is compelled to find that the ORP zoning in the vicinity of Plaintiff's property is not consistent with the, comprehensive plan for the development of this area of the City and does not alter the fact that the comprehensive plan called for highway commercial zoning. Moreover, because of the size of -4- `�' 141CROFILMLD BY , i JORM MICR4�LAB r, f Mli PIITIM� vrl r MILRUFILM D BY JORM MICROLAB • CEDAR RAPIDS AND ULJ MUINL,, iJr„ Plaintiff's property, it is not eligible for OR13 zoning under the applicable ordinances. Thus the Plaintiff is in the position of: (1) Having acquired its property at a time when the comprehensive plan for the development of the arca called for highway commercial development (albeit Plaintiff's property was zoned R -JA under an invalid ordinance); and (2) thereafter having the City invent ORP zoning for Westinghouse and American College Testing (a classification as to which Plaintiff's property does not qualify because of size); and (3) having the City point to the new ORP zoning as indicative of a comprehensive plan for the area other than highway commercial. This pattern of action by the Defendant should not be permitted to freeze Plaintiff into an unwarranted residential zoning classifi- cation. In addition to the finding of fact made in Paraij jib J of these findings, the Court finds that Plaintiffs properly ics not suitable for residential use on either a single or mgLt}p2 C1 In family dwelling basis. The cost of such development wou;, n r it impracticable to develop same for such use. To the extent the Defendant offered any evidence that Plaintiff's ,property was suitable for residential use of any type, this testimony is disbelieved by the Court. Defendant's efforts to zone Plaintiff's property R-lA have been confiscatory vis a vis Plaintiff's property and, as such, must be deemed arbitrary, unreasonable and discriminator: 6. Lastly, the Court finds and concludes that throughout this controversy the actions of the responsible officials of the City of Iowa City were induced by an erroneous concept of the la*.-' of municipal zoning. The Plaintiff has been denied a commercial zoning classification because the City has placed the burden upon -5- q•. •• � MICROFluaEn BY JCRM MICROLAB (*IMC vamp" . 'Rt MOP1fS MIC'RW ILNED BY DORM MICROLAB CEDAR RAPIDS AND DtS ,•IUIhEJ, iUVIh Lhe Plaintiff to show a need for further commercial development in this area of the city at this point in time. A single proport.y owner of a tract of 2.99 acres would always find it difficult to establish that one more gas station, one more pizza parlor, one more Kentucky Fried Chicken is needed. But this fact should not permit the City to hold Plaintiff's property in a "zoning bank" for undeveloped real estate by imposing unwarranted residential zoning. Plaintiff should have the right to make use of its prop- erty nqw rop-erty:now consistent with the development of this area. ADDITIONAL CONCLUSIONS OF LAW AS TO REMEDY 6. A Court,after declaring particular zoning ordinances invalid as applied to a particular property, cannot order legislative reclassification of the property but may free the property in question from the invalid restrictions. See Stalzer v. Village of Matteson, 303 N.E.2d 489 (11L App. 1973) . The Court" itf4;su'Ch C: _ r- instances should frame its Decree according to whether.the f3 proposed use is reasonable and consistent with the comprehensive_ plan. First National Bank of Lake Forest v. Vill 278 N.E.2d 533 (Ill. App. 1971). ADDITIONAL FINDINGS OF FACT AS TO REMEDY The Court finds any residential classification of Plaintiff's property to be invalid and that reasonable commercial uses should be permitted. The Court is strongly inclined to the view that any use permitted under highway commercial zoning classification (CIi) as defined in existing ordinances of the City of Iowa City would appear to be reasonable commercial uses and that such uses are consistent with the comprehensive plan for development of this area of the City. The Court cannot, however, abridge the City's right to attempt to enact a valid zoning ordinance vis a vis MINI! PA:'] Y, . 7' !d01NI MIRDF ILMED BY JORM I.IICROLAB • CEDAR RAPIDS AND ULS MUIIIL�>, IU'l,1 Plaintiff's property which i:: more resl.r.i.ctivo I.han CII zonin•I. III the interests of preserving the: alienability of Plaintiff.'!, I)VOP "'`, however, a reasonable deadline should be imposed for so doing not to exceed 70 days from the date these findings of fact and conclusions of law are filed. Failing so to act, the City will be permanently enjoined from enforcing any zoning restrictions against the property more onerous than present CII zoning laws. An appropriate Decree consistent herewith shall be separately entered. Dated this 30th day, o ly, 1975. -7- cc: Ed Lucas City Attorney PROOF OF SERVICE Tne uxe•s'ved readies Ihht the foregoing Inslru• r Y' !7 :n 2:I .zCt,r t: the nCC',^ uw: by . .... .. r .. ...rip prvY14\ THE 6� DIC I4ICRUILME0 BY i JO RM MIC R+L AB CFOAR DAVID,, • pft MoMr5 STR t— G� I•lICR01:11-i4ED BY JORM I4ICROLAB `1 CEDAR RAPIOS AND DES 1•10111L�, iUViI1 i JN TII K' 1 WJA 1) I : I'It 1t; f COURT, IN AND 1-'O1Z .101110:;0N COUNTY Aei:REX CORPORA'PJON, KGNNN'TH L BELLE AND L.Af-IRFLICii. R. SIIOR'r, Plaintiffs, VS. CITY OF IOWA CITY, IOWA, C. L. Bi`ANDT, ROBERT CONNELL, EDGAR CZARNECKI, LOREN LIICKERSON AND Lnw No. 41548 DECLARATORY JUDGMENT J. FAT1% Def cnclanLs. ) This is an Heti-on cahrrc.in the plainL'i.ffs Seca( a deelruat6ry judgment and it carni: on for hearing and wa:; L-rAecl 1:0 Clic Cou.-t in .June, 1973, and by agreement of Che parties, trial (•ras heir aff:* vari.0us times during the month of June whenever the court calendar permitted. Plaintiffs were represented by William Meardon, attorney, and defendants were represented by Jay llonohan, attorney. After all the evidence was presented the case was submi.tUxl, subject to Chu rights of counsel for each side to prepare written arguments an(] briefs, and counsel also agreed to list and catalog the large nnmhvr of exlii.bi.ts which were introduced as eVWUncu in this case and anter into a sti.pulaLlun and agrocmunt that raid exlLi.biL:; SlLrnlld be consi.do•r.ed by the Court. A rather lengthy delay occurred thereafter and in October, 1973, Che Court requested submission or the c::hibi.t:; ;111(1 the br.i.ef:; -Ind arguments. The Court was aware that much of Che del:ly Was cnn:;(!(I by the invol.vment of one of the rttl:or1I0y5 in au er.Cr:nrb-d Lri.al Shortly after this case was heard, but it was not. unLH, October 29, If MICROFILMED BY JORM MICR+LAB frPAR PArinq . Pr5 MOTIFS M MI LROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND UES IlUiNL: , DJWt lr` 1973, that the Court'. receLved the r.xhi.biUs, Lhu st.i.pulnlion and Lhct prel.imillary briel:s and ari,umcnt:c. Ilaving rcc(!i.vcd a1.I of Lhc briefs and reply briefs in December, 1973, the Court- proceeded to consider the case. STATI-.2OF Tllli CASE: This case arises from the fact that the plaintiffs Kenneth L. Belle, who died after the action was started, and Lawrence R. Short, principal stockholders of Amerox Corporation, owned 26.28 acres of heavily wooded, hilly land north of: 'Iowa City, :7ohnsdll County, l.owa, and having presented to the Johnson County 7.on ng Co mlission a plan for development of the area and it having been duly •zoned for Multiple Housing, the County did on October,2,_.1964, issue to plaintiffs a building permit authorizing the construction of nine separate apartment buildings containing 108 units, in the north part of their land adjacent to a motor homes or trailer court. Plaintiffs thereupon constructed two buildings containing 24 apartment units and poured footings for three similar buildings, which exhausted their finances, and while they were negotiating for further financing and before they could complete any other units of• the planned complex, the real estate owned by the plai.ntif•fs was, together with other real estate in the area, annexed to the City of Iowa City, Iowa, and under the provisions of that City's ordinance (Section 8.10.40) Immrdiately became zoned R -IA (Single Fami.1y Residence Use). The plaintiffs after annexation applied for rezoning of Lhe arca so as to complete the apartment complex and the rezoning, was - 2 - JORM MICR+LAB rrDM PAPIDS •')f: MOIIjcS F r91LkOFILi9LD BY JORM MICROLAO CLDAk RAPIDS AND ULS AUINL,, ung; denieel. plaintil:f:; Lhen-1pprs;tled to Lhe hoard ol. AdjusLmunC requesting a variance from the R -1A zoning so as to complete the project they had been authorized by the County to construct. To support the plea for variance plaintiffs contended they were unable to obLain a reasonable: return from the property If it were used only for single family residences, primarily because much of it was rugged, hilly terrain unsuited for such development. They also offered as further evidence of their plight being due to unique circumstances, the contention that because they were black they had been unable to get the financing to complete the construction while the proper Ly cgas still in the County. The plaintiffs further contended chat: the variance sought would not alter the essential character the locality. The roar.d of: Adjustment denied the request. Plaintiffs furthm: allege in their pctiLion that ordinance 2'238 of L.he City of Iowa City, particularly section 8.10.4C whi.ch.,luto- mati.cally, without notice or hearing, classifies all real estate annexed voluntarily or involuntarily into the City as R -1A Single Family Residence Use without regard to adaptability of the property Im d without regard to the existing use thereof, is dLscriminatory, ;irbi.l:rary, capricious, unreasonable, illegal. and void, contrary to section 1.8, Article 1 of the Constitution of: Iowa. Plaintiffs further allege that the refusal to rezone the property to the cl.nssi- fixation it had as Johnson County land was also unconsticilLirmnl and :u) unronsonnble exercise of police power. Plreinti.ffs further al.7.eP,c that Ordinance 2238 wns never validl-y enacted by the defendant City, in Cha L Section 366.4 of the lova Code - 3 - JORM MICRbe.AB rroart PWlns MiU2UFILMED BY JURM MICRDLAB CEDAR RAPIDS AND UCS ilUifli�, ;Unn was not complied with, thore having; been no record made of the yeas and nays in the minutes and records of the City pertaining to the enactment of said ordinance. Although plaintiff has not alleged that they have a vested right because of the Johnson. County building permit and zoning use accorded them and the fact that they were in the process of trying to complete the project when annexation occurred, the defendants have in their "affirmative defenses" alleged that plaintiffs are not entitled to a vested right and that the planned use as an apartment complex was designed to evade the ordinances of Iowa City because plaintiffs knew all the time that they were going to be annexed. FINDINGS Or rAC1' The Court finds that the plaintiffs did not resist 'the Amex- ati.on proceedings, and did in effect join in the proceedings so as to be able to more conveniently use the water and sewage facilities of the City. It is uncontradicted that the apartment complex was dusigned by the plaintiffs with the intention of using lows City facilities for sewer and water just as the trailer court did and still does, even though it has never been annexed to the City. Such uses of city facilities by bordering areas in the county are not unusual and ill fact are often encouraged by city government. Tllere was no evidence presented to indicate that there was ar:y mutual exchange of promises between tyre parties, but it is obvious: that at no time did the plaintiffs anticipate that after annexation - 4 JORM MIC R+LAB ane r:uva< • r annus M1LI(Or ILOED BY JORM 141CROLAB i CEDAR RAPIDS AND ULS MUit;i.,, :U4rI Lucywuuld be Inn:v"r hnrrcd Ir nn cuuglLrliul; t.hc pe0jcCt Which Lilcy 11,111 so r.ecenLly sLartad, nor is it feasible that any of the parties intended that after annexation the plaintiffs would have a partly completed, nonconforming use which could not be enlarged or coin - eluted or that the remaining acres musC Lhureafl:or always be used for single family residence, if used at all. A change of zoning or the granting of a variance had to have been in the consideration of the parties as the annexation processes were advanced. The Court finds that the original plan for development- of p1ni.I:tiffs' property as presented to the Joluisnn County %an:ini; Commission was a carefully designed, -11 considered use of the y z, area, and that the Johnson County Zoning Commission, quite as alert to the problems of growing communities as is the Iowa Eity Zoui.nl; Commission, con::.idcred the use- ;;acisfactory, met no 11 ns tion on the part of other property owners in the area and accepted the Project as a part of a comprehensive plan and desf&,'.:for':the i orderly growth of: the area. A few months later when the property became a part of the City of Iowa City, there had been no physical or other noticeable chanl;e in the proPosed use, the character of the rtron or even 'in the ownership of adjoining properties, yet now the arca, according to defendants, has suddenly become: suitable only for single family residences and the same property owners who failed to objecL to the apartment Project use while it was Johnson County proIx:rt:y, find it: objccti.onrtbl.e no*.v tivlt it: it; Inwa City propert:.y. This Lhc Court finds di.ffi.cult to uudnrstand. The Court finds that the plaintiffs have mel. the LeWs rcquirtrll by the 'f.own Suprolne Court in Deirdorf v. Board of Adjustment., 254 - 5 - I JORM MICR+LA6 [rnnn enrir', • me ramtvrS t•1Ii;ROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MuiNL�, lOslh Iodvl T;O l 18 IN (7'd) 78, L.n war1-rlut: Lh,! VilrI:IIW,- snug,,hL 1'1-()1.1 Fh-: Iiunt:rl of Adjut;ttB0nt. The cvldencc prasrnt.xl Lu LIIin Cuurl. null,ly supports t -hr contention that this land cannot yield a reasonable return if used as single family residence area exclusively. The dr.f:cidants' proposed devca.opment of the area into 45 lots is utterly r.1.diculuus to nue familiar wiLti the hills and ravines .i.n t:his tract. That the plight of the owners is due to unique circumstances seems obvious; in fact it is admitted by defendants that the difficulty of financing the original project was largely clue to the fact that plaiutiff-s were black, and had fi.tlattcing boon reasonably possible, and it apparently would have been if plaintiffs had been white, al.l the project would have been built- long before annexation proceedings were completed. 'lhc: Court: finds that this proposed use i., riot an alter,ELon of the essential character of the locality. This area ahoijiuls`in variations of character ranging from trailer courts through apartment complexes such as the eight -story Mayflower Apartments containing 200 units to fine isolated homes such as is enjoyed by Dr. Van Allen. The Court finds further that much of the objection voiced at the trial was based on the gear of: increased traffic count if apartment's were constructed, whereas in truth and lace il' the residence[: pro- posed by defendant could be constructed, improbnhLe as that appears to be, it would involve almost as many vehicles; and if a school or church were to be built there the traffic would be i.nfini.Lel.y £1,rcat:er, and no zoriing or.d.i.nancc prohibits a church a1- school. in that area or anywhere in tire city The Court finds that varl.inec, r :41CROFILMED By I JORM MICR LAB N DAP k.vV nq . :IFS >10 AFS MILR01 ILMLD BY JORM MICROLAB CEDAR RAPIDS AND ULA ;-Mi IL), lUvw which i:; not 1oy,i:;I.,ILiun, and which moat h., r1s"d :;h:rci.11gly and only in exceptional insLauccs, mi lis very well hnv,2 been used here. 'Phe Court in considering Seeti.011 8.10.4C of t:he zoning ordinance I.'inds Chat by its terms 11 seems to violate the very character of our. cunsL'iLuCional, proL'ccti.on and the 1•-iords and the provisions of ons Iowa SLILUtre, hb.lni.ci.pal zoni.ljg 1.s al.l.uta.:d by Chapter 414 of the lova Code, and the essential requirements set out in Section 414.4 require hearings, notices and the opportunity to be heard by all parties who are affected by such legislative enactments. This ordinance seeks to ro•r.one, regulate and restrict the use"of. property Whish is unknown and which has not been ava.l.uated or ohsl_rivc:dr Eo R- 1A rf:Sidential use, regard LLss of What i.ts best use may be, rogaL"d leas of i.ls previous use, regardless of the amount of study acid prcpa;n atio that Went into its previous Zoning classification arul regardless of the investment therein. Thi. Court finds this, to be arbi.Lrary, unreasonable and contrary to constitutional principles, and the defenclant has presented no cases in support of such legislation that Would cause the Court to take any other attitude. In fact one of the cases cited by the defendant (Hawkins v. Louisville and Jefferson Co. (I<y) 266 SW (2d) 314) holds that the annexed properLy must retain Che use c1.:issif:i.crlL'i.on i.t had under the •r.oni.nl; rel{ul.nLi.ons or: Lhe County pl.anni.ni; and zoning commi.ssLott prior to almexalion. This holding the Court finds very proper and sensible and presumes to sup,gast that the defendant would do well to adopt such an ordinance 1:I1rlt it Ilmy in LII, 1LICLIre, in its quosl: of neta Ix:nri.Co'ry Co Ile required to tnkc such t:orrilory, Lf it ha.. been previously zoned by t11e JoI111:iU11 CounLy Zolli.ng Coimlissi.on, wi.t:11 whatever use that -7- JORM MICR( 1'!'Of,l' 1'nr1 n�. •�,r c, •.101171"S PIILR0FILMED BY JOR14 MICRULAB CEDAR RAPIDS AND UES MUiNL:,, iurG+ commi.ssi.on had •r.oned i.L; always SUI)JOCL, of course, to the right of the anne:ti.ng parties zinc] the City to enter into agreements and con- tracts relative to other uses for the property. The Court finds no evidence Co support defandancs' contenLi.on that plaintiffs planned this whole enterprise as a design to evade the ordinances of Iowa City. The Court finds that an action for declaratory judgment is a propcer action for plaintiffs to bring, to attack Lhe valLdily qf- an i. ordi.nauce tnnl also Lu deterinine tilt: rights and staLus of the •plaintiffs in Chis controversy. The Court, in consi.dering the allegation that the eritire:'toning ordivancc (No. 2233) is void because the provisions of S-ction;"366.4 of the lows Code Were not fol.l.owed in Cha L' Lhe call of ynnS and nay:: errs not recorded, finds that to throw out the entire ordinance just to cairninate the effect of an unreasonable and unconsL-i.tuti.onal section thereof., would be akin to throwing out the baby with the bath water, and in view of Lhe Court's findings as to Section 8.10.4C is not needed to accompli.sh the necessary results in this case. 41hi.Le it i.s true that the Iowa supreme Court has on several occasion, held that when a ci.q counci.l has fail.(!(] to comply wLL•h the provisions of the statutes the purporCed zoning ordinances are void, these duci.si.ons have generally been concerned with failure or defects in noLicu of hr_•nrinp,:;, such as i.o It & 11 7nvo:;Cmc1il1;1 Ina., V. Ci1.y of Cor.al.vi llc (3.973) 7.09 1441 (2d) 1.1.5. Thir ync:s Lu thn jurindiel.ional qualifications of the council to Perform, whereas 1'a1lura Lo t:ecor.c] - 8 - JC]FlM M14: rtaY�.Ho � Cf DPP �'PP1�5 r CrS i•101'If_S 1;11CROFILMED BY DORM MICROLAD k CEDAR RAPIDS AND ULS MUINL�, :Uw11 p�. Cho- yeas and nays is not a prercquisitc to the passing, of ttio. ordinakice and being simply a recording afCer the fact. It does not:, in and of i.tsolf, render the entire ordinance void. CONCLUS101'IS OF LAW 1. The Iowa Rules of Civil Procedure with reference to declara- tory judgments providus in R.C.P. 262 "Any person interested in any municipal ordinance, * % may have determined any question of: the cons;enlction or val.i.di.Cy Lher -of or. arisi.ng thercundor., and obtain a declaration of rights, status or legal r.c1aL'ions Lhcreuu(lor..'" 2. The Iowa Supreme Court has state(] that R.C.P. 26'L 1n. an appropriate case for declaratory relief in a case involving a 6.iiinicipaI ordinance. Keller v. City of. Council ]3luffs, Iowa, 246 Iowa 202, 66 NW (2d) 113. 3. The Iowa Supreme Court has on several occasions stated that th,, procedure for declaratory relief should be given a reasonably liberal construction. state v. Central States Electric Co., 238 Iowa 801, 28 NW (2d) 457. In re Pierce's Estate, 245 Iowa 22, 60 NW (2d) 894. Kc:Jlr_r. v. City of Council Bluffs, supra. 4. 'In deCermini.ng zoning matters, variances, deviations and exceptions in individual cases may he made to avoid unnecessary hardship. Vol. 3 McQuill.i.n On 1•1uni.ci.pal. Corporations, Pa;;e 508, (fi (Cion 25.1.59, of Sc(I•) 5. Generally :;pealci.ng a use exi.sLing at I:he L.iuu• a zoliil;; ordinance goes into eff.ecC cannot. he prohibit.ud or reslricl:ed by OW ord Mance. Vol. 8A McQuil.l.i.n On Municipal. Cor.pornti.ons, Pape 9, (Sec Ci on .1.81) . JORM MICR#LA9 Cr DAr VM'I'�� • 1'r . WWIFr t•11LR0F IUMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MWNL� , ;Uw:� G. The lova supreme Court has r:L'ated that the test to be applied in determining whether a variance should be granted is 11(1) The land in riucsL'ion cannot yi.eld a rea:;onable return if used only for a purpose allowed In that •none; (2) 'fire plight o[ the onr isclue to unique circumstance;; crud not to !:he pumic+ra] contl.i.t i.on:; ill the nei.,;hborhoorl whi.ch may reflect L'hc unreasonableness of the zoning ordinance itself; and (3) T'he use to be authorized by the variance will not alter the c;scential character of the locality-" Dear.dorf v. Board of Adjustment, 254 Iowa 380, 118 NSd (2d) 78. 7. Article I of the Cellyti.L•UL•I.OtI of the State of Iowa provides protetL.on to its citizens from arhitr-ttry and unreasonable excrci.se. 01. police power,guarantees them equality, due process of law -and sc:curi.Ly in their property and the use thereof. r•.t JUDGMENT OF THE COURT ;'.. IT IS THE JUDGMENT OF TILE COURT HEREIN DECLARED Chat the plaintiffs have the right to have issued to them by the City of Iowa City a building permit 11.1owing them to construct the remai.ninr, seven build.Lngs necessary to complete the complex of 108 apartment units o'riTi.nally planned and designed for LI -lis property, anti that defendants i.uimedi.at-ely take whatever action ncc .:;1ry to ].cy;1].l.y zone tile pro- Pony in question so that such use will conform to the zoning ordinances nu 1'{ not to be a noucnnformi.n;; uno. trnnr. vn�ms .ars �amnrs MILROFILMED BY JORM 141CROLAB • CEDAR RAPIDS AND UES AUINL-�, iU?J; i.'1' IS '1'111-. FIIRT1I1;R JUDGMENT OF 'fill: COIIR'1' Lha( Socl ion 8. 1.0./j(: of the lova City %oninf, Ordinances is invalid and void for the reamm that it is discriminatory, arbitrary, capricious, unreasonable and therefore in violation of Section 18, Article 1 of the Constitution Of Lhe State of lova. Dated this 24th day of January, 1974. j1�iMre\e�v� S O 'c-\ I 1d'I M4. t �: i •. ,...<•! iG ;IkiF Y�1r"i:1 CE.''wr.!! District of Iowa. JORM MICR(1LA0 UMP PAPIP` •aft 'MMES F1iLlWi iLi4 0 BY JORM 611CROLAB FOLLOWING -BEST DOCUMENT AVAILABLE • CEDAk RAV1J'.) Ann JL. :'10.;,L. , FoLcowIac as BEST DOCUMENT 1-11 CAM ILRLD By JORM MICRWLAB f -x7111• c.p,�n' . 'dD!'1�° JORM MICROLAB TARGET SERIES r 000 AVAILABLE i i i :Ll'ILU BY JORM MIGRULAB LLbM illke 1 US AtW UL� ..., 376 Iowa 234 NORTH WESTERN REPORTER, 2d SERIES 2. Eminent Domain x=255 BUSINESS VENTURES, INC, Appellee, Where city's objection to instruction Y. jury, which related to determination of 101%"A CITY, Iowa, Appellant. highest and best use of land being takes city by eminent domain, was not based Na 2-56006• theory that such instruction constitute Supreme Court Of IOWA collateral attack on city's zoning ordinal city did not preserve objection based Oct. 15, 1975. such theory for review. City instituted proceeding to acquire 3. Municipal Corporations G+121 G ltttE}' : landowners property by eminent domain. Court, Harold D. Vie- The validity of an existing zoning or The Johnson District nance is not generallysubject to collate y33''f•l��i tor, J., rendered judgment awarding land- attack in a trial for determination of do owner damages of $47,750,and the city ages in eminent domain. appealed. The Supreme Court, Rcynoldson, lg' f!ij J., held that citys objections, to evidence 4. Eminent Domain b202(4) regarding value of landowner's property ab- Where tonin B - ordinance has.', !x sent restrictive zoning ordinance, were not shown to produce an unreasonable rest'+ aid preserved for review; that record, coupled on a property's use, the ordinance may; with fact that city, which was condemning disregarded in an eminent domain hath {yyy !f,f authority, was also zoning authority whose .` 1':7"•'7• zoning ordinance so rcatricled landowner's S. Eminent Domain w202(4) �(k;� • • Pratte rt)as to decrease its value,JustifiedProt Evidence'of adaptability of land l pia rj trial court in permitting landowners collat- Particular use which V proscribe) by zoa 4;;!jall� oral attack on the zoning ordinance; that regulations is admissible es bearing an =' i4il jury instruction, which permitted jury to consider the highest and best use of land- we of such land where removal of test/ owners property without regard to zoning tions is reasonably probable or where Ila be - in determining landowner's damages, be- is a showing that the regulation, if liters 1' came the law of the cam, and thus juq was applied, would result in an arbitrary s +il entillel to hear expert opinion regard' n p g unreasonable restraint on the use of prop art t';j value of landowner's property without the ty. alleged illegal zoning restraint; and that 6. Zoning *-Go, 672 1 r'rr jA city had waived objections to admission of evidence of comlwrable sales of land. strong presumption of enlidily tends a city or towns exercise of zoal }i� .r Affirmed. power, and thus if zoning ordinance is eially valid and its reasonableness is fa 1. Eminent Domain s>255 debatable, it must be allowed to stand. �. Where city in eminent domain action 7. Zoning o=642 .:� did put make objection to testimony on ground that it constituted a collateral at. The burden of proving a zoning or •l9 y tack on zoning ordinance, city's motion at nance unreasonable, arbitrary, capricious )i•'- close of evidence to strike and withdraw all discriminatory is upon the one asserting a"rinvalidit evidence of alternate value of landowner's )'• * - j prolwrty w if no zoning onlinanm were 6. liming o=ld, 232 1=! present, lwcause such evidence constituted collalend attack on the ordinance, did not Zoning is an exercise of police power pn•>vrvc city's objection for review. a municipality, which is a lower deltgs'' 8/7 MICROFILM BY JORM NAICR46LA13 y. d �lit,�lUr ;L:•lill BY JORM MICROLAb CLOAK RAP luS AIIJ OLS BUSINESS VENTURES, INC. Y. IOWA CM Iowa 377 Gu u 271 N.w'1a art bet the state, and such delegated power incompetent, irrelevant and immaterial evi- a,t be strictly construed. dente, was so lacking in required specificip• that it would not serve to preserve error based on trial courts adverse ruling. 1 toning 4= 10 1 By virtue of changing circumstances, a Fining ordinance may come to operate as an wherry' and unreasonable restraint. It lluniciped Corporations *-12I {There property against which city hoo4ght eminent domain action was also 1 geed by city, where record showed that i, city had consistently refused requests to %.gyne such property, where by 1971 the `paag of the property for farming was not a fryible productive use of such properly, ,d shere city assessor's valuation of por- yra of such properly for tax purposes ex- rtxdo'i the amount which would have been Ii, assessment for mere farmland, trial �; rt was justified in pie mitting a collaler- P>f stuck on the zoning ordinance by the IL Eminent Domain o 149(2) Zoning restrictions can be disreganit+l y jury in determining just compensation for land taken by eminent domain where ,.,ere is substantial evidence demonstrating t?k illegality of a restrictive zoning orli. fyue and the zoning authority's failure to while considering acquisition of the a4ject Property. It Eminent Domain *-202(4) In determining value of property taken }� eminent domain, jury may be permitted consider the probability of change in a L.uietive, though not illegal, zoning of the it Trial *-129.1(1) Trial court is vested with considerable &-retion in determining whether evidenee y efficient to submit it to jury. .il Ersinrnt Domain 0 255 City's objection, that testimony by ex• aitnaases as to their opinions, without zoning, of the value of the proper- *- dty sought to expropriate constituted 15. Courts 4=99(5) Eminent Domain *-202(4) Where, in determining just compensa. tion for land taken by eminent domain, jury received instruction allowing it to consider highest and best use of property without regard to present zoning restrictions, such instruction became the law of the case and Jury was thus entitled to hear expert opin- ion regarding the value of such property without the alleged illegal zoning restraint. 16. Eminent Domain 4=221 Evidence *-14120 In determining just compensation for land taken by eminent domain, evidence of comparable sales is admissible as substan- tive evidence of value, and it is for jury to determine the weight and credit of such evidence. IT. Evidence 4=555 In determining just compensation of land taken by eminent domain, sales of land not comparable to the land being taken may also furnish a foundation for an expert's opinion testimony. 18. Evidence *-142(1) Whether, in determining just compen- sation for land taken by eminent domain, evidence of other sales of land is admissible in determining value of such land must be left to sound discretion of trial court. 19. Eminent Domain *-221 Jurors are men and women of the world, and when differences between prop- erties, which are proffered for purposes of assessing just compensation for land taken by eminent domain, are brought out in evi- dence, the jurors can make comparisons in value. MICRIII IL14f0 BY ' JORM MICR6LAB r-,M1r:ars . ynI^rr 9 "!puede iL:11,; BY JURM MILkULAb 378 Iowa L.LJA,( RAVI,), Allu dei %�:.,L • - • 234 NORTH WESTERN REPORTER, 2d SERIES 20. Eminent Domain x219 Where city made no objection to in- struction to jury permitting jury, upon finding that either city't or landowner's evi- dence disclosal a sale of a tract of land similar to landowner's tract, which was be- ing taken by city by eminent domain, W consider such sale price as independent evi- dence of the value of landowner's tract, and where such instruction to jury was identical in many respects to a requested instruction submitted by the city, such instruction be- came the law of the case, and city thereby waived objections to evidence of similar sales of land. Jay 11. Honohan of Honohan, Epley At - Lyon, Iowa City, for appellant. William L Slearlon of Meardon, Sueppel, (owner 3 Hayes, Iowa City, for appellee. Heard by MOORE, C. J., and REES, UH- LENHOPP, REYNOLDSON and McCOR. SPICE, JJ. REYNOLUSON, Justice. The City of Iowa City, Iowa, instituted a proceeding to acquire by condemnation op - proximately two and one-half acres from a 34.6 acre tract owned by Business Venturer, Inc. JORM MICR6LA13 real estate is level to gently rolling. Stmt of it lie+ in the flood plain of the Iowa river' At the time of condemnation the tract was t still being farmed. . One of several unique facets of this AP' S peal is that the city took possession of the; two and one-half acre area (condemned rs j. of July 29, 1971) several years before tht 'jj condemnation, possibly with the acquits• 141 cence of the then owners. A portion of the ' condemned realty became part of Dubuqusl, street when it was converted to four land. in about 1961. In, approximately 1968 Pett 0 ,session of the balance was taken for a Do -K";, . buque street "green belt" established foU; l lowing a 1961 recommendation. of "Project rs{ Green," an advisory' commission cstablished;i� by city ordinance. tic Apparently''all property taken into city is automatically classified RIA, for n�,' gle family dwellings and certain other pmb' lic-type buildings and larks. In additio4. the easterly portion of the subject tract d1,; coned "valley plain" which permits N•e property to be used for forming, truck gu' s dens, parks, playgrounds and relator usesq Valley plain zoning also allows use as per's milted by the overlapping zoning but sub ject to certain fill and elevation Millis - menti. The arca immediately surroundic( this plot is toned RIA, R3A and R311. Bit '. coning permits, inter Alia, multiple dwe8• : ings, elinin and nursing homes. R313 mllr tionally permits apartment hotels and offse buildings. The hlayflow•er, a large multi• story student housing complex, is acted.: Dubuque street and approximately 7.00 ts'� 300 yards south of the Englert tract. A mobile home park is in the area, m u Asd•.' over Square apartment house development, A proposed land use study for the tort) side area of Iowa City, prepared by the ciV staff, designated the subject tract as mcfi{ um -high density (apartments). Amcrk0 Oil Co. acquired an interest (not othcrwia, here pertinent) in it 200 by 260 foot ports°; of the affected tract along Dubuque str4:' This small portion was valual by the tiV a«essnr at virtually the same amount lo.: The owner aplealel the condemnation ?16,000 award to district .j,•',- court, where the jury fixed the damages at $47,7fA. The city appeals here, and we affirm. The affected unimproved 34.6 acre "Eng- 1 :�, lerl tract" lies in the northern part of the • .R...; city. Taft speedway runs along its souther- ' ly IMundary, an unnamed road parks it on the west, and Foster mad abuts it on the ear. north. On the cost it fronts Dubuque ;:. f street, o fnur•Iane thoroughfare carrying 10,000 can per day and leading to an inter- ��"' slate highway 110 interchange n short dis- •�',1' Lince to the north. The eastern portion or the affeclal property was taken into the .• city during the 1930b, the balance im•ulun• larih :mnexel on December 1, 194'5. This JORM MICR6LA13 real estate is level to gently rolling. Stmt of it lie+ in the flood plain of the Iowa river' At the time of condemnation the tract was t still being farmed. . One of several unique facets of this AP' S peal is that the city took possession of the; two and one-half acre area (condemned rs j. of July 29, 1971) several years before tht 'jj condemnation, possibly with the acquits• 141 cence of the then owners. A portion of the ' condemned realty became part of Dubuqusl, street when it was converted to four land. in about 1961. In, approximately 1968 Pett 0 ,session of the balance was taken for a Do -K";, . buque street "green belt" established foU; l lowing a 1961 recommendation. of "Project rs{ Green," an advisory' commission cstablished;i� by city ordinance. tic Apparently''all property taken into city is automatically classified RIA, for n�,' gle family dwellings and certain other pmb' lic-type buildings and larks. In additio4. the easterly portion of the subject tract d1,; coned "valley plain" which permits N•e property to be used for forming, truck gu' s dens, parks, playgrounds and relator usesq Valley plain zoning also allows use as per's milted by the overlapping zoning but sub ject to certain fill and elevation Millis - menti. The arca immediately surroundic( this plot is toned RIA, R3A and R311. Bit '. coning permits, inter Alia, multiple dwe8• : ings, elinin and nursing homes. R313 mllr tionally permits apartment hotels and offse buildings. The hlayflow•er, a large multi• story student housing complex, is acted.: Dubuque street and approximately 7.00 ts'� 300 yards south of the Englert tract. A mobile home park is in the area, m u Asd•.' over Square apartment house development, A proposed land use study for the tort) side area of Iowa City, prepared by the ciV staff, designated the subject tract as mcfi{ um -high density (apartments). Amcrk0 Oil Co. acquired an interest (not othcrwia, here pertinent) in it 200 by 260 foot ports°; of the affected tract along Dubuque str4:' This small portion was valual by the tiV a«essnr at virtually the same amount lo.: of:L�tUi iL'•It a by JURM I•IICROLAB CC'Jkrt i(Al'IJJ r1[JU JL., . .. ,•. I•. BUSINESS VENTURES, INC. v. IOWA CITY Iowa 379 ? C11e.1 234 N.w19119 the balance of the plot, a clear recognition council that the Request to rezone be aps- '� • of its commercial potential. proved as limited to R3, contingent upon The record before us is replete with in- certain changes. The commission also stance., of various owners of the affected adopted a resolution "to recommend that tract attempting to secure a change in wn. the City Council consult with the Park and iag to permit development for commercial Recreation Commission to consider this arca (' and multiple dwelling purposes, and the for the possible use of lurk space." June dty's interest in the plot for park purposes. 18, 1968 the city council unanimously moved that the use of the "Englert Tract area for Records of the city clerk's office discloses) a park and recreation area be referred to A 1960 joint request by the "Engler) estate" the Park and Recreation Commission for hcirs and American Oil Co. to rezone the their recommendation." A date and time tract from residential to commercial. After were fixed for public hearing on the rezun- hearinga the request was withdrawn. A ing request but the matter was apparently i .196:1 request by the same parties wm with. continued. pending the adoption of new city .drawn toning ordinances. A subsequent 1964 re- ' c On December I6, 1968 the owner nalond- quest was withdrawn after the planning quest ed to a request from the city's mayor that it and zoning commission recommended deni- write a letter to the mayor and city council d. In 1965 the present owner applied for •'suggesting a price at which they would be ;• rezoning but in 1969 the nuccuary ordi• wi lling to dispose of the properly, based on aaa fC w:1., tabled and deferred. the actual cost that they had in the proper. ty, providing the city wanted to buy it for The Iowa City planning and caning core- park purposes." The record discloses no znitssion operates as a part of city govern• response from the city to this letter. cent under chapter 414, The Code min. vies of its meetings and of a city council Starch ll, 1969 a revisal plan for the crating are in the record. The rezoning Englert tract was submitted to the plan. application of this owner was considered at ning and zoning commission. A lawyer for The commission meeting of April 25, 1963. residents in the area (who had 'started a A number of local residents ap{x•ared in fund for presen•ing this arca m open epixeition. The minutes disclose a commis• space") objected, maintaining his clients te- ian member, lieved "[a]ll of this land should be used for • public open space." A commissioner stated ' reiterated some of the past "he thought the Commission was in an nwk- history concerning the rezoning and de- ward position by not knowing if the City is �. vclopment of this tract and state) that going to purchase the adjoining land for this land udtimalcly has to be used. If use." The matter was again tnidsd. 1 •• the City will not buy this land for the public t - purpose of n park or other public use, May 6, I9ti9, e, above noted, the city t• which he felt would !e the lest solution, deferred action on the rezoning request. then he is afraid if the Commission does At trial these l:arties stipulated the Eng - not agree to some reasonable prolxxnl, lert tract was included in the long range or later hes desirable development acquisition plans of the city's park and mc -caner d' Wear." (Emphasis supplied.) reation commission asap that on February 4, (lanthcr memlmr stated he agreed '•that k 1970 "the recommendation of the Park & ' •' `public use would le the lest use for this Recreation Commission" was submitted and "the > ues" A motion to table Ow rezoning re• filed but cit council has y Y`qurd rarrir,l. taken no action whatever in connection with the matter as filed by the Park & ,,1t its meeting of June 6, 1915 the coni. Recreation Commission. A knowledgeable •; ah,ion sated to nvammcnd to the city witness for the city iestifiel it was known MICROI 1041,A) By DORM MICROLA6 a r n;:l,,ttlr iL:•leU by JURM MICRULAii 380 Iowa I,LDAk RA'rlw AIJtJ ue, 234 NORTH WESTERN REPORTER, 2d SERIES throughout the arca `the Park Commission intends to buy the whole Engler] tract in the next two or thee years" In 1971 the city commenced this condem- nation to legally aoluire the real estate it ,,]ready occupied in and along Dubuque street. Important features of the taking included the loss of all right of access to Dubuque street arab loss of visual access to that steel nsulting from tree growth in the established "gran belt" arca. Upon trial in district court, there was no disagreement among the expert witnesses for both side; that the highest and best use of the Englert tract was for highway com- mercial and apartment use, and this con- demnation would destroy its potential for commercial use. The owners experts were permitted to exprcas their opinions of the before and after values of the tract under existing zoning, and, over the city's objec- tions, without regard to zoning. .' The owner's w•itnv.s- tcslifiel it would he imleossible to develop the 34.6 arms un- der existing RIA zoning as a single family residential area because of the fill nsluire- ments, estimated in the record to cost be- tween $200.000 anal $.238,000. Experts of the owner and their valua- tions were: Schlacgel, before value with existing zoning $100,000, after $60,000. damage $40,000. More value without zon- ing $200,000, after $100,000, damage $100,- 000; Fisher, before value with existing zon- ing $150,000, after $3'1,500, damage $67,500, before value without zoning V80,000, after M2,500, damage $197,500. City's extorts and their radunlions were: Whiling, hefure endue with existing uming $76,RM1, after $71,LW, damage i3,'W, before value with multifamily zoning $138;100, after $132,- i damage $5,760: .Means, before value with existing zoning 3`::'.,175, after $78.8-W. damage Appealing, the city asserts the following propositions for rrccnal: 1) a zoning onli- nance is not subject to collateral attack in a condemnation aplr:d, 2) the owner's exlrrt warrs:es mac nia disregard zoning in arri- MICROFILMN 01' JORM MICR6LA9 ving at value in a condemnation appeal, zol 3) sales of alleged comparable property art inadmissible u substantive evidence whet in fact the properties are not comparable. I. Issue of collateral attack. ° 11,21 The city argues' this issue wT raised below by motion to strike and witV draw all evidence "based upon no zoniaF' ordinance being present" and by its objmt lion to jury instruction 10, the substance o1; 'which is set out, infra.' Objection to ic; struction 10 did'not refer to this conceFU The testimony moved to be stricken was td1 objected to when offered on the ground i(, constituted a collateral attack on the ordr, nonce. The motion- made at close of eh" dente grounded on this theory was madrj loo late and was properlydenied.' Irnge rL Iowa State Highway Commission, 260Io'nj 1226, 1232, 150 N.W.2d 642, 646 (1967);'F4', ri+ v. Riley, 251 ]aero 400, 407, 101 N.W-511 176, 180 (1960).. ' n ' In addition to the above procelural qua tions which must be resolved against N city, we cannot ague with it on ilia su!- stantive merits. (3) Although courts generally apply &,. rule that the validity of an existing zone$ , ordinance is not subject to collateral attad,•' in a trial for determination of damages it eminent domain, sce Annot, 9 A.LR.3d 299 303 (1966), ordinarily it is, also true Lt. condemning governmental,entity is not IN i zoning authority. Thus, in, Reefer v. Iona' State Highway Commission, 166 NY3ilt 839, MI (Iowa 1969) we held an owed whose tract was being condemned by tbx Iowa State Highway Commission could rat attack a zoning urelinance of Celar Rs(v'u In Realer we approvingly citel Linge z Iowa State Highway COmnILCiien, supra 260 Iowa at IM6, 150 N.Wf2d at 618 whew the controlling Lector was thus pintointol "(Tlhe validity of this (Ce]ar Rapids] or dinance is not properly air issue in the artion to which the city is not a Ixnrty. It would seem plaintiffs lire attempting 10 make an unallowable collateral altxl s. to 1. he ng f ck r in •i; he the $• ora :2 ner the not ;ods. V r. hem ttrd: Or' this r. It •,g to ltac4 14i 10P iL;'!LL,' BY JORM IIILROLAb UL)i t RAP I o,) ANJ OL- RUSTNESS VENTURES, INC. Y. IOWA CITY Iowa 381 CM.,w N.wsd 276 upon the ordinance."(Emphw� M is su{ich. 495, 67 N.1V.2d 71R (is.):I.nng v plied) City of Highland Park, 329 Mich. 146, 45 V.W.2d 10 (1950); State v. Gurda, %9 Wil. [4,5) While this court has not confront- 63 213 N.W. 317 (1932); 29A U.S. Emi- sd the situation in which the same entity is nent Domain § 213(2) at 1197-1193 ("Evi- LvIL the zoning and mndemning authority, dence of adaptability to a particular use other jurisdictions in well reasoned opinions . which is proscribed by zoning regulations is Esc, concluded this circumstance Obviates admissible as bearing on value when, re - it, nson for the "collateral attack" pruhi- moval of restrictions is reasonably probable bition: or where there is a showing that the regula- '•It is practical and logical to require tion, if literally applied, would result in an that such invalid zoning Ix disregarded arbitrary aml unreasonable restraint on the where the zoning authority is also the use of the property"); 4 Nichols on Emi- mrdemnor. Permitting recovery in cmi- nent Domain, supra, 4 12.322, p. 12 .°8 n,nt domain disregarding the zoning re- (•• • , • a potentia{ condemnor [such m striction combines in one action the right a municipality) may not, through the device to recover compensation for both the in. of toning for a use to which the property is verse condemnation resulting from the not suited, depress its value preliminary to ,I:,guised taking in the form of zoning condemning it for a public purpose"). and for the actual taking of the property. Even where the unity of condemning and The prOev" avoids se{wating the matter into two causes involving the same sub. s zoning authority would permit owner to jest matter and the same parties. More- attack a zoning ordinance, he shoulders a over, the condemning authority is also the heavy burden. ,,ling government so that much of the Our principles relating to consideration of cin of a collateral attack on zoning in zoning ordinances are well articulated with •; the usual eminent domain proceeding is supporting citations in Anderson v. Cit)- of pot present."—Pleopfe. Dept. of Pub. Wks. Cedar Rapids, 1GS N.W.2d 739, 742-743 r. Southern Pacific Transit. Co., 33 Cal. (Iowa 1969). Afp3i1 9G0, 963, 109 Cal.Rptr. 525, 5?9 [6) A strong presumption of validity at - (1973). lends a city or town's exercise of this legis- . also 4 Nichols on Eminent Domain lative power, which means if the toning Jj 1232 3)• Pp. 12-419421 (rev. 3d cd, ordinance is facially valid and its reasons- . Ip;4) ("Existing toning rally also be d'wrc- bleness is fairly debatable it must be al- tjnlal where there is n showing that the lowed to stand. Id. at 7J2. ,ping ordinance, if literally applied, result y in arbitrary and unreasonable restraint [7) The burden toprove the proviso un - „a the use of the property'); Annot., 9 reasonable, arbitrary, capricious or discrimi- 1 at 304-305 (1966) ("Ninny natory is upon the one asserting the invalid- , azrs have vigorously condemned as confis- it•. Id. at 742 `V1W)- the action of a public body in adopt- ,: int s toning regulation or denying a peli- (8) On the other hand, zoning is an ex- - tea for rezoning merely for the purpose of ercise of police power by the municipality, which is a power delegated from the state, °`yen acing land value or preventing its and such delegated power must be strictly neper utilization, in order to power scrqui.,) construed. Granger v. Board of Adjust• 1 tra costs in eminent domain proc,vdings5) add citations; Annot., 36 A.L.R.3d 751 men t, 241 Iowa 1356, 13G'l, 44 N,1V,2d 399, 402 (1950). rip); BAvni of Com}s of Stale Inst. v. f h��seC B S T. Co., 103 So.21 74 (Fla. And w, also recall that inevitable danger !f �pp.19561; . Robyns r. Dearborn, 341 referred to by Mr. Justice Holmes in Penn. i MICROI ILMLO OY JORM MICR6LAB i riiutUr iLiii.t/ by JORI4 111CRULAb LEUAi kAPWJ i ANO JLC i,,.: L. , 332 Iowa 211 NORTH WESTERN REIiORTER, 2d SERIES sylvanis Coal Co. v. Mahon, 260 U.S. 393, 415-416, 43 S.CL 158, 160, 67 L.Ed. 322, 326 (191): "The protection of private property in the Fifth Amendment presupposes that it is wonted for public use, but provides that it shall not be taken for such use without compensation. A similar assumption is made in the decisions upon the Four- teenth Amendment. (Citation) When this seemingly absolute protection is found to be qualified by the police power, the natural tendency of human nature is to extend the qualification 'moie. and more until at last private property disap- pears. But that cannot be'aecomplished in,this way under the Constitution of the. United States. ... ' .. "'. We arc in danger of forget- ting that a strong public desire to im- prove the public condition is not enough to warrant achieving the desire by a shorter cut than the constitutional way of paying for the change." [91 It is also true that by virtue of changing circumstances a zoning ordinance may operate as an arbitrary and unreason - stile restraint. 8 McQuillin, The Law of Municipal Corporations §25.113, p. 307 (3d ed. 1965); see Burriet v. Harris, 172 Sold &M (Fla.1965); Board of County Com'rs of Metro. Dade Co. v. Soto, 259 So.2d 196 (Fla.Ct.App.1972);I Aspen Hill Venture v. Montgomery County Council, 265 Md. 303, ^'9 A.22d 303 (1971). Even the city does not suggest that in 1971 farming was a feasible praluative use of this 34.6 acre tract Nor does it suggest why it involuntarily annexed farm ground in 1965 and sulaequently taxed a 200 by 250 foot portion at a rate based on the city nocswr's actual valuation of V0,407. Neither does the city in any way chal- lenge the ow'ner's uncontroverted evidence that development for single family dwell- ings was economically impassible hecause of the enormous rant of greater fill require- ments. 141CROTILI41D 6Y JORM MICR6LA13 "Where it appears that under existing .". zoning restrictions property must remain for an unpredictable future period uniar proved, unproductive and a auurce of C." pense to the owners from heavy taxes4 the zoning ordinance is unreasonable ss to such property. -A zoning of land for residential purposes is unreasonable and confiscatory and therefore illegal u•hers,i' it is practically impossible to use the land in question for residential purpose,."—a !, McQuillin, supra § 25.45, pp. 118-119.,,;�t Seealso Anderson v. City of Cadar RaA supra, 168 N.W.2d'at 743 ("[llt is not oalf r• proper but highly essential that our munici- pal officen periodically"review`" andupdste,,7i', zoning regulalioiLC': Welfare "Of'peopki:l present and future; will "not permit adoptiait1S of a passive altitude in these matters"); Keller v. City"of Council Bluffs, Iowa, 246 Iowa 202, 210, 66 N.W.2d 113, 118 (1950 ("So if the only reasonable use of the prof erty is seriously affected by the zoningorG,Q. mance, the owner should be entitled to rclid i! • �; People, Dept.' of Pub. IYAa' (-:f, Southern PacifrclTransp. Co.', supra; IIx lism Murray Bldra., Inc. v. City of Jack `s ville, 267 So.2d 367 (FIa.CLApp.1971); 111k, sey v. City of Huntington Roads, 374 Mick 701, 74 N.W.2d 897 (1956); Reibcl v. City I Birmingham, 23 Mich.App. 732, 179 NYN3 1, 243 (1970); Appeal of Dance Oil Seil*k' Inc., 409 Pa. 392, 187 A.2.1 166 Srhere v. Township of Freehold, 119 V1.'. Super. 433, 292 A2d 35 (1972), cert. denied„! 410 U.S. 931, 93 S.CL 1374, 35 L.&I:d Z . (1973); Summers v. City of Glen'Ciis°q 17 . N.Y 2d 307, 270 N.Y.S.2d 611, 217 6C3 (1966). (101 The recond made here, coupled the unusual circumstance of the unity of S condemning and zoning authority, jusliLsd trial court's permitting an attack on thM onlinance, even assuming timely. and apprP;, priate objections had been made below. (ll, 121 As a preliminary to the issar :a discussed in division 11, a distinction shouk be drawn between two situations in whkk; the jury's valuation is not strictly hound b) 0 742 - I" , '74. � T WI M", A Ayr ®r 'o' I .P +..,j �M1k 4`� `Rlr �. �`,r?'.r �f � •. r: i;,,r; , Y(il.+J-•,.T r 4/�SY i �1.�Lf SSr rM1 QrM ly�,�."�l\1' lI ft5).... - . � 4 �• :�.t; r ryt ,�,2 �� i r.,rru:l A't'nw �L�� 2�-7 * t�;r, M!L.i(W ILMU BY JORM 141CROLAB 466 Iowa LEUAR RAPIOS AMU ULA 'r'i�il,��, .���• 100 NORTH. WESTERN REPORTER, 2d SERIES 3. Zoning 07151 %olting is nuc static and cities mayrc ,one territory, subject however In Sante limitations which attend original zoning. 4. Zoning c?171 Rezoning from commercial or light in- dustrial to tmdtiple dwelling was unrctson- able as applied to properties of owners of bosotc.scs or light industries in arca, where a mmnbcr of those properties represented a ver' substantial investment, none of acliv- nies of the firms was shown to be offen- sive, founders established! those firms when arra was unrolled or in reliance on then existing falling, rezoningwould work hard- ship, and rezoning wouldnot likely stahilizc that portion of arca lint, if anything, would have a deteriorating influence. S. Municipal Corporations C=I II(4) Where rezoning from commercial or light industrial to multiple dwelling was invalid as applied to properties of owners of businesses or light industries, hilt own- ers' properties cold be deleted without violence to rezoning as applied to rest of area, and general zoning ordinance, of whir], rezoning ordinance became a part by amendment, contained a so'erability clause, rill,. of partial invalidity was appropriate, and thus du whole amending ordinance diel bot fall. R. S. Rosso, Dubnque, for appellant. Kinlzinger, Kimzingcr, Van Elim S Scher, Duhuqur, for appellees. Iteynotds, Kenline, Roedell, Rreitbach 8 McCarthy, Dubuque, amicus curiae. 11111.ENHOPP, Justice. The quc.timn in this appeal is whether plaintiffs' real estate can be rezoned upward i,, multiple dwelling uses in furtherance of the wit's general development plan. The inner city of Dubuque, Iowa, con- tains, among billets, the Washington Street arra. The part of that area with which we are concerned comprises a little over li hh,eLs, out is surrounded largely m Ly co• nterci:d :std light industrial areas and L> railroad yards. \filly years ago that part of the arca was ],till up with modest homes. three churches, and a parochial school. The neighborhood did not improve with pa%s Rc of time and the Wildings aged. Small business and industry moved in at sari(m places, mostly in the north part of the arca At present about 23 of these firms exist. Overall the arca is ahnol S'U°o residentiA Today, residential improvement and con stnuction in the arca is suhstantially su• tionary bill some commercial or light industrial construction or improvement oc- curs from time to time. In 19.f t I)nbuyuc adopted a congrrrhen- sive zoning ordinance. At that time [tic potential of the Washington Street arca was thought to be for light industry, due to the proximity of the railroads. Come- gncutly, the arca was zoned light industrial except for a small part which was zoned commercial. As time passed, however, railroad trans. portation deelinrd and truck and other forms of transportation increased. The Washington Street arca did not develop industrially as expected!. Prior to 1963, tale city council devidcd to obtain a general development plan for the city and environs. ties Code, 1971, ch. 373. Tile council cmp!oycd Victor Gruen A.4W eiates, a firm specializing in such work. which conducted an extensive survey of the whole region and developed a long-range plan. In 1965 the cotmcil adopted t!le 1,1111 as the official one. At that time, most retail trade was con- ducted in the downtown business district, near the 11'ashingion Street arca. The general development plan designated that district as the future business section. Afterward a large shopping center eyes built in the west part of the city. The evi• della does rent indicate what effect this may have on the downtown business district as the main business section of the future. wsonurttnto of JORM MICR+LA13 ri 9pp ^! • '10"ll Mlt.i(W ILAO BY JORM MICROLAB CLUAk RAPIDS AflU uLS :-1111 H. UELNER PRECISION T. 9. D., INC. V. CITY OF DUBUQUE Inwn .167 Vile u• IN x. u. 2d 10 The nctctvr plan designated the Wash. mgtuIl Sheat arca as an apautinrnt district for high-density Pupulatiot. The pn•seut buildings swoold be razed, and the area would lace it large park in the center and nl,c:t spaces at tither places. Several >(F rets ,If the aura "wild be vaeatcd, and uliongh balite would be rouurd :round ,m a thor- ,nighf re sn paraling the arca f rim the rad- -oad ards. 'Thus implemented, the plan obvionsly transform %ttashinglon >trert into an attractive arca indeed. In W. people residing in the Washing- ton <u'ert Urea, louking toward improve- ...rnt of the arra, began holding meetings. They learned that the arca was then zoned ligio industrial and commercial. They therefore petitioned the city council to change the zoning to multiple housing, con- sistent with the general development plan. 1'hc arca covered by their petition was cx- on,tve. About 794,`e of the property Owners uI Ih,• arra, Plus some tenants, signed the pctaeo, which they then presented to the eunrd 'Ire conned referred the petition to the p6among and Lulling cotmnissiun fur study and recommendation. Sec Gude, 1971, 9 41-I.6. That Ludy studied the profosal and re-ex:unincd the general development plan. It concluded that the general dcvcl- opaleut plan seas still valid and that the proposal was consistent with the plan. The cnanussiot believed that several methods could he employed to achieve the objective of lila plan for Washinktiun Stever. Public uuesunent :utd subsidy, private ineestlncnt, neighborhood improvement efforts, building ns]r enforcement, and land use controls mduding zoning. The petition (]call only ,,ith inning. Thus the uunmissiun sasv zoning as 1,111 un• of the mclhods to ht• used for \Vish- ^.gton Street. put the commission was trnul,lyd by fit(- proper role of tuning nn the crntmsmocrs. \Inst of the area covered I,, the petition was residenlial, but part of it was in fact devoted to commercial and light industrial uses, especially in 'he north tart, and the owners of "'use enterprises had developed them and iuve,ted finds en the basis of existing zoning. The nnnmi.- sion reported to the council: 1•:x perience has generally indicanvl that zoning can be nsrd to initiate a trend in redrvelnpmrm from a restricted use u+ a Irss restricted use and that it can be used to stabilirc an rxisting pattern. Ino that it is not effective in causing a trend from less restricted uses to more re- stricted uses. Int fact, it can cause a deterioration of those uses that arc made nonconforming and in some instances cause them to be a more blighting influ- ence than previously. The commission balanced the probable public benefit from rezoning the whole area against the hardship which would likely result to the commercial and light industrial establishments, and concluded that the former did not outweigh the bitter. It therefore recommended approval of the petition bill limited to an arra of approx- imately 12 blocks which was largely rrsi dcntial, and ill so doing said; It was the opinion of the comntissinn that in considering only a change in zoning and no other action that it was difficult to show a strong public benefit to offset the hardship that would be created for those Owners of commercial and indus- trial uses where there were several non- rrsidcntial uses in proximity The council received the report, held hearings, and after full consideration passed an amending ordinance altering the permissible Ilse to multiple dwelling- Itnt the council changed the arca covered by the amending ordinance to considerably less than petitioned for although more than recommended by the commission. council included about six and one-half Mucks not approved by the cnnnmission for multiple dwelling, in which 17 commercial or light industrial cuierpnscs were located. Of these 17 enterprises, N were in the north part of the rezoned arca. Plaintiffs are ten owners and one tenant operating businesses or light industries in that north JORM MIC R6LAB rrlAu (,Al7` bliu(Ui IL14LO BY JORM f•11CROLAB 468 Iowa CEDAi2 RAPIOS AIJU UtS 190 NORTH WESTERN REPORTER, 2d SERIES part. Thr largest of them is Dubuque gasket coiap ny, which has manufactured caskets at its present loeatiou since 1892. It has a four-story building covering almost a half -block. The rezoning from commercial or light industrial In multiple dwelling caused an Immediate decrease in the value of plain- tiffs' properties, for one day those prop- ortics conformed to zoning and lite next day they were noncan forming uses. hfore- over, gradual deterioration of plaintiffs' properties may well occur, as the commis- sion indicated. The rezoning is not retro- active, so plaintiffs can continue to utilize their properties as permissible nonconform- ulg uses. But Article Ix of the general zoning ordinance prohibits a structure con- stirniog a nonconforming ase from being repaired or improved at a cost cxeeeding 5o" of its assessed value—about 13% or 14%, of market value—on pain of losing its status as a permissible nonconforming use. Sce Granger Y. Board of Adjustment, gal Iowa 1356, 44 NAV.2d 399; Annot., 61 A.1..R. 920. xo one can gainsay the general conclusion of Un: city zoning and planning commission that the rezoning will work hardship on plaintiffs. Aftrr trial, the trial court at rived at sub- stantially the sane conclusion as the zoning and planning commission. It dceided that inclusion of plaintiffs' properties in the re- zoing could not he justified, and this, it bciicved, compelled it to strike down the entire amcndiug ordinance. The city ap- pealed. districts, and amendments have usually re- zoned districts "down" rather than "up." In the present Instance the rezoning win up, not dawn. It was a holding action as to the largely residential 12 blocks, recom- mended fur inclusion fly the commission to prevent further incursion of commerce and industry. Ilu1 the rezoning cannot be ex• pected to stabilize the six and a Ila]( blocks already having several businesses and in- dustries. More likely those structures will decline. Unquestionably the rezoning was a proper nue of zoning to stabilize the por- tions largely residential. That portion did not develop industrially because of changes in transportation methods. 8 hlcQuillin, Municipal Corporations, § 23.106 at 295-96 (3d ed.) (may rezone from industrial to residential where the land through "erro- neous opinion as to future development has been included in an industrial or business district and it has become apparent that the area should be zoned as residential"): Brackett v. Des Moines, 246 Iowa 249, 67 N.\V.2d 542. Our problem relates to the portion which did in fact develop counter, cially ount er- cially and industrially as originally hoped. (1,21 In principle, zoning of land for the public good is a proper exercise of the pnher power even though it works some onerous Consequences on land nswIle rs. Euclid v. Amllcr Realty Co., 272 U.S. 365, 47 S.C't. IN, 71 LEd. 303; Des Moines v Manhattan Oil Co., 193 Iowa 1096, 184 NAV. 823. But the power to zone is not Unlimited. It must be reasonably exercised, in furtherance of the public safely, health, morals, and welfare. Granger v. Board of Adjustment, 241 Iowa 13M, 44 NAV.2d 30, Unfortunately, no precise test exists for determining exactly whether particular zon- ing restrictions pass muster. Rather, cath case must hr judged on "whether the means employed in the attempted exercise of the Police power have any real, sulstamlial relation In the public health, comfort, safety, :rad wrl Lie, including the maiureu:mce of property value." Plaza Recreational Crater v. Sioux City, 253 Imea 246, _15.1. 111 N.\1'.2d 758, 763. The modern lend• Ian CROP IL14f0 9y JORM MICR�LAB As the conlmusmn and the trial court realzrd, ultitnatey the question is whether ,k the hardship Upon plaintiffs is overborne by the public gu�ld resulting from inclusion An ;; ;3•jy, "r•5%'' of their properties in the rezoned area. - 1 � t other question in the case is whether the re- ; zoning ordinance stands or falls as a whole. f^•T P Q; , ing Ute Imrrrttt. The case 'tr nn oh rs the rule of zoning it, thv fullilb nlellt of long-range city IJII11111 •1radi- I�• IIUIltllly, mining Ila$ hcctl colplu)Cil as .n i < ', •' holding action to prn•cnt deterinration of districts, and amendments have usually re- zoned districts "down" rather than "up." In the present Instance the rezoning win up, not dawn. It was a holding action as to the largely residential 12 blocks, recom- mended fur inclusion fly the commission to prevent further incursion of commerce and industry. Ilu1 the rezoning cannot be ex• pected to stabilize the six and a Ila]( blocks already having several businesses and in- dustries. More likely those structures will decline. Unquestionably the rezoning was a proper nue of zoning to stabilize the por- tions largely residential. That portion did not develop industrially because of changes in transportation methods. 8 hlcQuillin, Municipal Corporations, § 23.106 at 295-96 (3d ed.) (may rezone from industrial to residential where the land through "erro- neous opinion as to future development has been included in an industrial or business district and it has become apparent that the area should be zoned as residential"): Brackett v. Des Moines, 246 Iowa 249, 67 N.\V.2d 542. Our problem relates to the portion which did in fact develop counter, cially ount er- cially and industrially as originally hoped. (1,21 In principle, zoning of land for the public good is a proper exercise of the pnher power even though it works some onerous Consequences on land nswIle rs. Euclid v. Amllcr Realty Co., 272 U.S. 365, 47 S.C't. IN, 71 LEd. 303; Des Moines v Manhattan Oil Co., 193 Iowa 1096, 184 NAV. 823. But the power to zone is not Unlimited. It must be reasonably exercised, in furtherance of the public safely, health, morals, and welfare. Granger v. Board of Adjustment, 241 Iowa 13M, 44 NAV.2d 30, Unfortunately, no precise test exists for determining exactly whether particular zon- ing restrictions pass muster. Rather, cath case must hr judged on "whether the means employed in the attempted exercise of the Police power have any real, sulstamlial relation In the public health, comfort, safety, :rad wrl Lie, including the maiureu:mce of property value." Plaza Recreational Crater v. Sioux City, 253 Imea 246, _15.1. 111 N.\1'.2d 758, 763. The modern lend• Ian CROP IL14f0 9y JORM MICR�LAB hliLtM ILMEU BY JDRM MICRULAB CEDAR RAPIUS AND A:i Iu,�,L_ , 1J:, -- H. UELNER PRECISION T. & D., INO. Y. CITY or DUBUQUE 'own 469 lSb+•. IW x.sv Td M ency is"'m nphold zoning regulations which farnirily would have been rejected :is arbi I rery or oppressive. - - - Id. at 254, III N.W.2d at 76.1. If the question is "fairly debatable," the zoning stands. liuehd v. Ambler Realty Co.. 272 U.S. at 38,K, .17 S.Ct. at 119, 71 L.Cd. at 311. hni- tially, a strong presumption of validity att(,ntpanics zoning ordinances. Hama v. Rathjc, 171 NAV.2d 976 (Iowa). (3) Zoning is not static and cines may rcxone territory, subject however to the same limitations which attend original zon- ing. As stated in Keller v. Council Bluffs, 246 Iowa 202, 207-209, 66 NAV.2d 113, 116, "('rjhc governing body of a municipality may amend its zoning ordinances any time it deems circumstances and conditions war- rml Stich action, and such an amendment is rated if the procedural regmrems•nts of the smltllO are followed and it is not un- rnsnnable or capricious nor inconsistent With the spirit and design of the zoning statute." See too Hanna v. Rathjc, supra; Anderson y. Cedar Rapids, I69 N.W2d 739 (Iowa). Cunning to our specific situation, the rrsi- dents of the Washington Street area who favor rezoning, and the city council with them, have a worthy objective in beginning the long-range task of upgrading the area. The projected development as a light indus. trial area did not come to pass. The master ,,!an if carried out will make the arca an nlractive one for urban living. Zoning will probably he one effective tool for holding the residential portion from Luther cum• mercial and industrial inroads until other nnawal efforts can be undertaken. (41 But the northern portion of the Ire;t involving several businesses and light industries in proximity to each other pre- sents a different case. Some of these finis hn•r been there many it ears. A number of the properties represent very substantial investment. None of the activities of the hurls is shown to be offensive—other than the fact itself of being commercial or indus- triad. The founder, established those firm, when the arra was w:ioned or in rsl:anyr on thr11 exisoug x.,11111;. IQzorlutg will work hard hip, Moreover, rr70n1114 sill not hkwly stalahxc that portion of th,- aura tem, if anything, will have a deteriorating influence. We do not have here a relatively few or isolated nonconforming uses riot. flared to the area as a whole, as in Dubin v. Wich, 120 N.J.L. 469, 473, 311 A. 751, 75.1, The court there said, "The existence of unn- emnformung business uses in a relatively small portion of an area reasonably and naturally comprising a residential unit, docs not serve to disable the mullicipalit)' front so classifying the whole." Rather, the north pan of this area is quite substantially commcrcud and industrial. On balancing the possible public good against the harm to plaintiffs, ser arrive at the conAuswu reached by the eomntissi.,u and the trial court. We hold the renmiug uu rt•asunal-b- as applied to planniffs' pruperuea. Lang - gulf, v. \fount Prospect, 5 111.2d 4'1. 131 V.R. 2d 971); McGiverin v. Iluntinglun 11'1"tits, 313 Mich. 413, 72 NAV.2d 105; Ritenrnu v. Dearborn, 326 Mich. 242, 40 NAV.2d 137. This docs not mean that the city's master plan cannot lie achiev(d; it means only that various other mrthals will Ire necessary under sonic circumstances n) accomplish that end. The Grum long-range plan and the commissions recommendation on this particular retuning recognize that several mrthals will have to be utilized. Inclmhng the infusion of public funds for inrrslmem and subsidy. The city may eventually find condemnation necessary. Annul.. 44 A.L.R. 2d 1.114. Zoning, however, cannot he used as a substitute for eminent domain. 11. Partial Invalidity. Due ba the in- validity of the rezoning ordinance as applied to plaintiffs' properties, the trial court thought the whole amending ordinance fell. But broad zoning ordinances not infre- quently have invalid applications, yet the ordinances as a whole ordinarily do not fall. The principle is Latcd Illus in 9 Mc- �t�., r 141CR0f 11,14[17 6Y JDRM MICRbLAB r•Iit.l W 11-i4cU BY JURM MICRULAB CLUAR RAPIDS Alit) uL'I Iw,f�L SELLEF, v. DITY OF COUNCIL ELUFFB, IOWA lona 111 Clle ea 66 r:.%V.ad l l] 16j App:llants assert the trial court erred in sustaining the findings of the Com- missiuurr as to a col"PI sable injury. They alsu assert a lack of authority in the trial court to remand for further proceedings before the Commissioner. Assuming, but not determining, this to be true these errors, if c. rors they bc, are preserved to appellants under Rule 331(6). There being no compliance with Rule 332, this court is without jurisdiction to enter- tain this appeal and the same must be dis- missed. Appeal dismissed. All justices concur. a �mrr�r m,r r Dorothy L. KELLER and T. W. Kellar, Appellees, CITY OF COUNCIL BLUFFS, IOWA, Appallml No. 49493. ' Supreme Court of low& Sept. 21, IMI. Rehearingpenled Nor. 10, 1854. Equity action to test validity of an amendment to a comprehensive zoning or- dinance by action for declaratory judgment. The Pultaw•attamie District Court, R. Rent Martin, J., tourist the action of the city coun- cil to he unreasonable and arbitrary, thzt it amnunted to illegal spot zoning, and held the smendmcut to be invalid and the defend- ed city appealed. The Supreme Court, Eynon, J•, held that amendment of zoning ordinance so that three lots on which was )Kine operated a convalescent home were insist! "LI" residential, so as to permit such me, rather than "A" residential, was not rsA", evidence discriminatory, without jus - plication, unreasonable or arbitrary, and ,as not improper spot zoning. .. Reversed.. s1 N.a6',2d-4 I. Declaratory Judgment C+20 Prucedure for dcclamtory relief should be given a reasonably liberal construction. 2. Declaratory Judgment 0129 Acorn for declaratory judgment was proper procedure to test validity of ame"1- ment to comprehensive city zoning ordi- nance. 58 I.C.A. Rules of Civil Procedure, rule 262. 3. Municipal Corporations x63(2), 601(15) Generally city council lacks autLonly to amend comprehensive zoning law so as to remove or impose more or Icss onerous restrictions upon small tract or lot similar in character and use to surrounding proper- ty, but council may decide whether prnperty, so designated is similar in character and use to that of surrounding property, and when a sufficient showing has been made to rea- sonably support its judgment such discre. tion may not be superseded by court's dif- ferent conclusion. I.C.A. §1414.1 ct seq., 414.3, 414.4. 4. Municipal Corporatlone e=63(1) Under police power zoning is within sound legislative discretion of city council, and if facts do not show bounds of that dis- cretion have been exceeded, action of council must be held to be valid. I.C.A. § 414.1 et seq. I. 5. Municipal Corporations C-601(15) Governing body of municipality may amend its zoning ordinances anytime it deems circumstances and conditions war- rant such action, and such amendment is valid if procedural requirements of statute are followed and if it is not unreasonable or capricious or Inconsistent with spirit or design of zoning statute. I.CA §$ 414 et seq., 414.4. 6. Munlelpai Coiyoratlons e--127(7) Plaintiffs attacking amendment to city zoning ordinance have burden of establish- ing that acts of city council were arbitrary, unreasonable, unjust, and out of keeping with spirit of zoning statutes. 414 et seq., 414.3, 414.4. McnorlLhro By JORM MICR+LAB rDAp I MIL(Ur ILi1LU BY JORI4 I•IICROLAB ) )4 Iwva CEDAk RAPIJS ANO OL'J IV1inL., .:J+„. 66 NORTH WESTERN REPORTER, 2d SERIES ily 7. Municipal Carporatlou 6=625 of properly nay pussess not to have his In determining rea3mrablencss of ton- property rezoned after he has a building ing classification oramendmcnt thereto each permit and has started his construction or case must be determined upon its own facts. improvement. I.C.A. §§ 414.1 ct seq., 41.1.3, I.C.A. §§ 414 et seq., 414.3, 414.4. 414.4. B. Municipal Corporations c7599 16. htunlclpal Corporations 0=601(9, 15) Property cannot be confiscated by city There can be no singling out of one or under guise of police power. more lots by city zoning ordinance for dif- ferent treatment frons that accorded to sim- 9. Municipal Corporations X625 ilar surrounding land indistinguishable from A city zoning ordinance may be valid it in character, or for economic benefit of in its general aspect and at sane time be owner of that lot or pots, and "spot zoning' clearly arbitrary and unreasonable as ap- when construed to mean reclassification of phed to particular state of facts. one or more like tracts or similar pots for '. use prohibited by original zoning ordinance 10. Municipal Corporations Qb601(IS) and out of harmony therewith is illegal, but Spirit of comprehensive city zoning ordinance is not Violated, nor is it inconsis. lent with ordinance to grant a just and Tea. sonable exception by amendment based upon character and use of property not similar to other property in district, but which is now and was distinguishable before adop- tion of ordinance. I.C.A. § 414.1 et seq. II. Municipal Corporations X601(15) Under statute same careful, serious and intelligent consideration of amendment to city zoning ordinance is contemplated as in preparation and enactment of original or- dinance on zoning. I.C.r4 §§ 414 el seq., 414.3, .114.4. 12. Municipal Corporations CCI21 If only reasonable use of property Is scriausly affected by comprehensive city roving ordinance property owners should be entitled to relief. I.C.A. § 414 el seq. 13. Conalllulional Law C=92 Rights granted by legislative action un- (Icr police power can be taken away when in valid exercise of its discretion legislative body sees fit. such action will not be declared void when done under certain other conditions and circumstances in accordance with compre- hensive zoning plan. I.C.A. §§ 414.1 ct scq., 414.3, 414.4. 17. Municipal Corporations 0601(9) Zoning statute must be impartially ap- plied as to all properties similarly situated. LCA. § 4 14.1 et seq. 1& Municipal Corporatloas 4 601(15) Reclassification of certain property un. der zoning ordinance for use different from that of surrounding area is not invalid where such property was subject to noncon- forming use, effect of which was same as though property had been originally classi. fied for use to which it was subsequently changed. LCA. §§ 414.1 et seq., 414.J, 414.4. 19. Municipal Corporations 0620 There must be substantial and reason. able grounds or basis for discrimination when one lot or tract is singled out in 14. Constitutional Law <761 amendatory ordinance removing therefrom Property is always held subject to po. restrictions imposed upon remaining por. lice power. tions of same zoning district, and when 15. Constitutional Law X93(1) tract is shown to be clearly different in character or use from those around it, dis. Theory of vested rights as relates to crimination may be legally justified. I.C.A. zoning relates only to such rights as owner §§ 414.1 et seq., 414.3, 414.4. r... -C I.11CROf IL14fD BY DORM MICR6LA13 P1it,KUt ii- iLU BY JORI4 t41rRULAB • CEDAR kAVLUJ ANO Jr_.. ',w•:,�_-, %„. RF.t.r.➢R Y. CITY OF COUNCIL BLUFFS, IOWA Iowa 110 Cit... 66 \.w'.2d 117 20. Municipal Corporations x5122(4) In declaratory jud6msent action amend. ment of comprehensive city zoning ordi. stance so that three lots on which was being opernxd a convalescent hoose were zoned "It" n,41cl tial, so as to permit such use, rather than "A" residential, was not under evidcuce discriminatory, without justifica- tion, unreasonable or arbitrary, and was not improper spot zoning. I.C.A. §§ 414.1 et seq., 414.3, 414.4, J. A. Williams, Council Bluffs, David E. Stuart, City Ally., Council 11luffs, for ap- pellant. Ptivrson, Smith, Peterson, Beckman & Wilh.ou, Council Bluffs, for appellees. LARSON, Justice. The City of Council Bluffs, Iowa, in the year 1927 adopted a comprehensive zoning ordinance under the authority and in ac. cordance with the provisions of the Munic. ipal Zoning Law now known as Chapter 414, Code of 1954, I.C.A. On June 27, 1949, the city council also passed an ordinance changing the use classification of three lots in Morningside Addition from "A" Rcsi- dcutial to "B" Residential District. For snnsctimc prior thereto the owners of the lots had operated the premises as a com•a- lescent home caring for about 34 patients. A large house about 55 years old, 4 stories high, containing 16 rooms, was situated on parts of each of the three lots concerned. ironing ordinance violation complaints by the plaintiffs, who reside next done, result. ,! in an official request to desist, an appeal u, the Board of Adjustment, and an appli. cation for a change in the zoning law which was considered by the zoning conun.ssion, Upon their recommendation the city conn. cil considered and adopted the contested amendatory ordinance. On the basis that the council's action was unreasonable, ar. burary, and no abuse of its discretion, and that the action anuninted to illegal spot zoning, the trial court in this equity action held the nmendntent invalid and ineffective The city appealed. From the record we find Lots 13, 14 and 15, in Block 8, Morningside Addition, and the house thereon had been used as a me.],- Cal edrcal clinic, apartments for from 3 to 5 faun- ilies at a time, and as a boarding and lalg. ing house, and convalescent home. It was never substantially used as a single fam. ily residence since prior to the comprchrn. sive zoning ordinance enactment, and the Plaintiffs had purchased and substantially improved their property next door know. ing of the use then made of said prop. tidy. Twenty-nine neighboring property owners had signed a petition for the change, and hventy-four persons owning property in that and adjoining additions had signed a resistrnee, all of which were before the zoning commission and the coun- cil in their deliberations. The record also discloses that in the past sense fifty amend. ments had been made to the comprehensive zoning ordinance, ten of which were from "A" to "B"; this was the only convalescent home operated in a Class "A" Residential District, lhongb there were twelve such operations in the city; this was the only departure from the Class "A" restriction in Morningside Addition, and its present owner had acquired the property in 1913 from a previous owner and operator of the home. Other relevant facts appear later. (1.2] 1. The defendant contends plain- tiff did not present an appropriate case for declaratory relief. We find no merit in this contention. Rule 262, Rides of Civil Procedure, 58 I.C.A., provides that any per. son may have determined "any question of the conastntction or validity" of any nut. nicipal ordinance whose right or status is affected thereby. Tlse procedure for de- claratory relief should be given a reason. ably liberal construction. Slate v. Central States Electric Co., 233 Iowa 801, 28 V.W. 2d 457. In re Pierce's Estate, 245 Iowa —, 60 N.W.2d 894, 900, and citations, are other decisions to like effect. We think the case as presented is appropriate for declaratory judgment, C. K Eddy & Sons v. Tierney, 276 Mich. 333, 267 N.W. 852; Clifton Hills Realty Co. v. City of Cincinnati, 60 Ohio App. 443, 21 N.E.2d 993; Donovan v. City talcporutatn tv DORM MICR6LAB hlIuk0fILMLO BY JORf4 MICROLAb LEDAR RAVIUS AflU uL_l 'w:l,L-, rill, 116 Iowa 66 NORTH WESTERN REPORTER, 2d RERIES of `;ansa Monica, 98 Cal.App.2d 386, 199 is clearly shown to be arbitrary and ca - P.11 51. pricious. 11. The principal controversy is wheth- er the city council exceeded its authority or discretion in the adoption of Ordinance 3235 amending the comprehensive zoning ordinance of the city changing the three lots, an area of about 125 feet square, from Class "A" Residential District, which lim- ited the use of property to private dwellings for one or two families, churches, schools, libraries, farm and truck gardening, and ac- cessory buildings, to Class "B" Residential District, which limited the use of proper- ly to Class "A" uses, multiple dwellings, boarding and lodging houses, hotels, bos- pitals and clinics, institutions of education- al, philanthropic or eleemosynary nature, private clubs, fraternities and lodges, nurs- eries and greenhouses, and public garages. This precise question has not been passed upon by this court but has been given con- sideration in other jurisdictions [3] The rule generally stated is that a city council does not have the authority to amend a comprehensive zoning law so as to remove or impose more or less onerous restrictions upon a small tractor lot simi- lar in character and use to the surrounding property. Such action has been called an arbitrary and capricious abuse of the coun- cil's power and authority and is often des- ignated as illegal spot zoning. This is par- ticularly true if it bears no relation to a comprehensive city-wide plan. It is within a council's power and author- ity, however, to decide whether or not the property so designated is similar in char- acter and use to that of surrounding prop- erty, and when a sufhcicnl showing has been made to reasonably support its judg- ment, such discretion may not be superseded by the court's different conclusion. There arc other factors which may be considered, such as whether the action will increase the burden unjustly on the other surmouding property or be harmful to the health, safety and general welfare of the community, but in those matters again the council's discretion is controlling unless it (4j It is defendant's contention the amendment adopted by the council was not adverse to the interest of public health, safely, morals or general welfare, the coun- cil's action was not unreasonable and ar- bitrary nor did it amount to illegal spot zoning. Under the police power, zoning is a matter within sound legislative discretion and, if the facts do not show the bounds of that discretion have been exceeded, it must be held the action of the legislative body, here the council, is valid. Anderson Y. jester, 206 Iowa 452, 221 N.W. 354, and authorities cited therein; American 1Vood Products Co. v. City of Minneapolis, 8 Cir., 35 p.2d 657; Taylor Y. City of Hackensack, 137 N.j.L 139, 58 A.2d 788. Zoning by municipalities finds its author- ity under Chapter 414, Cade 1954, I.C.A., and we have had several occasions to dis- cuss and consider the constitutionality of these statutes. As elsewhere, we have gen- erally sustained them as a valid exercise of the police power "For the purpose of promoting the health, safety, morals, or the general welfare of the community, • • city or town • • !" Boardman v. Da- vis, 231 Iowa 1227, 3 N.W.2d 608; Ander. son v, jester, supra; City of Des Moines v. Manhattan Oil Co., 193 Iowa 1016, 184 N.W. 823, 188 N.W. 921, 23 A.1—R. 1322; Euclid, Ohio v. Ambler Really Co., 272 U.S. 365, 47 S.Ct. 114, 71 L.Bd. 303, 54 A.I-R. 1016. Section 414.4, Code 1954, I.C.A., permits the council from time to time to amend, supplement or change, the regulations, re- strictions and boundaries, and designates the procedure. [5, 6] We are of the opinion One govern- ing lady of a municipality may amend its zoning ordinances any time it clecntt cir• eumstanees and conditions warrant such action, and such an amendment is valid if the procedural requirements of the statutes are followed and it is not unreasonable or capricious nor inconsistent with the spirit and design of the zoning statute. The bur- s „i F MIC110f11.1110 6Y DORM MICR6LA9 i�rtair I,nr! . 'n q 5!OCQ` 1•1i uiWt 1LMLL) BY JORtd 141CROLAB CtUAlt RAI' ItA AMU )G EiELLER v. CITY OF COUNOIL BLUFFS, IOWA Iowa 117 Cit. a.1111 N.w.sd I den is upon the plaintiffs attacling the amendment to establish that the acts of the council were arbitrary, unreasonable, un- just and out of keeping with the spirit of the zoning statutes. Taylor v. City of Ifackensaek, super; Rodgers v. Village of Tarrytown, 302 N.Y. 115, 96 r\`.G2d 731; Village of Euclid, Oluo v. Ambler Really Co., Z72 U.S. 365, 47 S.Ct. 114, 71 L.Ed. 303; •Wulfsolm v. Burden, 241 N.1'. 2RR, 150 NZ M. 43 A.L.R. 651; Shepard v. Village of Skaneateles, 300 N.Y. 115, 89 N.l_2d 619. (7] There was no serious dispute re- garding compliance with procedural re. quiremcnts preliminary to the council's ac- tion and therefore our principal inquiry is as to the reasonableness of its action under the facts and circumstances here shown In determining the reasonableness of a roving classification or an amendment thereto, each case must be determined upon its own facts. Anderson V. Jester, supra; Boardman v. Davis, supra; 62 CJ.S., Mu- nicipal Corporations, j 226(12), p. 468; Moreland v. Armstrong, 297 Mich. 32, 297 N.W. 0); City of Omaha v. Glissntann, 151 Neb. 895, 39 N.W.2d M. The facts and circumstances here were apparently ave - fully considered by both the zoning commis. sion and the city council. The action was recommended and passed by a 7 to I vote of Loth budics. The defendant contends and the facts tend to show the huge structure located up. on the concerned lots has little or no appeal to a present day hone owner, and about the only hcucficial use that could be made of these premises was as a nursing hone, an apartment house, fraternity, or other multiple dwelling, all of which were pro. hibited in a Class "A" district. The record discloses difficulty in obtaining any per- manent use of the property for many years and sec have already referred to its past nus in those years. It had become run down and was an eyesore before it was beneficially used as a convalescent home sometime in the 1930's. It has received substantial repairs since then though no structural changes were made. A rather ugly outside wouden stairway or fire escape was added in Cm back during the war years, no doubt as required by the Slate Fire Mar- shal, when steel could not be obtained. Waa there sufficient showing the council could reasonably find this building could not be practically used as a private dwelling, and that its compelled sacation would not be for the best interest of the health, safe- ty and general welfare of that community? \Ve believe there was. To allow develop. ment and usability of otherwise unmarket. able and decaying property in the dutriet cannot he said to be against the general welfare of the city. As heretofore pointed out, such discretion is lalged in the city council, and its discretion is controlling if not unrewortable and arbitrary. Anderson v. Jester, supra; Boardman v. Davis, su- pra; Gorirb v. Fns, 274 U.S. f03. 47 S.Ct. 675, 71 f..Fd. 12:.R, 53 A.L.R. 1210; Met. zetbann, The law of Zoning, It. 77. In the Boardman ease, 231 Iowa 1227, at page 1230, 3 N.W2d 608, at page 610, Judge Oliver cited from the Gorieb case a statement much in point: ay s s city councils, who deal with the situation from a practical standpoint, are better qualified than the courts to deter. mine the necessity, character, and degree of regulation which these new and perplexing conditions require; and their conclusions should not be disturbed by the courts, un- less clearly arbitrary and unreasonable."' (8,9] The original zoning ordinance clearly relegated this property to a single purpose for which it was and continued to be unfit and therefore almost useless. It seems only reasonable the council should be able to reclassify those portions of the neighborhood under the statutory enact- ments. In fact, it may be important that such authority as well as duty exists in timt Ixxly in order to make a zoning law con. stitutional. Granger v. Bawd of Adjust. ment of City of Des Moines, 241 Iowa 1356, 44 N.W2d 399. Property cannot be confiscated under the guise of police power. Thus an ordinance may be valid in its gen. eral aspect still at the same time be clearly arbitrary, and unreasonable as applied to a particular state of facts. Anderson v. Jest- M10MILMED By JORM MICR46LA13 r.. ,,�i. 1.11t.110i-ILMLO BY JOR14 PIICROLAB LEDAR RAP IOS A110 uL >iw:I �r•'` 118 low's 60 NORTH WESTERN REPORTER, Id. SERIES er, supra; Koch v. City of Tolcdo, 6 Cir., 37 T2d 336. It docs not seem unrmsouablc under the facts shown here to make a land- ing that by the comprehensive zoning law of 1927, practically all beneficial use of this property was forbidden. 1Ve think the trial court should have favorably considered the exercise of the council's discretion under these facts to correct the oversight, if not the illegality, as to this property attempted in 1927. We are not favored with an explanation of why this matter was not pmscd upon by the Board of Adjustment for it was clearly 5 within its jurisdiction. The Council Bluffs I comprehensive ordinance of 1927 recog- nized and provided relief for such hardship cases by Sub -section 8 of Section 17 thereof ., which provides: il',r .�;iSs6iY c�L.�:-Y��:•. rah I ny'i Fri. 'i F, •.�'rk....� "To authorize upon appeal in specific eas. ts such variances from the terms of the or. dinance as will not be contrary to publit interest, where owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordi- nance shall be observed and substantial jus- tice done." See Zimmerman Y. O'Meara, 215 Iowa 1140, 245 N.W. 715. Section 414.3, Code 1954, I.C.A. provides the guide as to the spirit of our zoning laws as follows: " • • • Such regtdatimn shall be made with reasonable consideration, among other things, as to the character of the area of the district and the peculiar suitability of such arca for particular uses, alit( milli a tiew to eoruering the rmlue of buildings and encouraging the most appropriate use of land throughout such city or town." (Emphasis ons.) [10, Ill The spirit of a zoning ordi. mince is not violated nor is it inconsistent with a comprehensive zoning ordinance to grant a just and reasonable exception by amendmrnt based upon the character and rise of property not sinular to other proper q in the district, but is now and was dis- tinguishable before the adoptinu of the comprehensive zoniog ordinance. The lots here involved are different in situation and usability, and that is important, for the statute contemplates the same careful, se. rious and intelligent consideration of an amendment to a zoning ordinance as in the preparation and enaclnteu: of an original ordinance on zoning. Islichigan-Lake Building Corp. Y. Ilausiltan, 340 111. 284, 172 N.lf. 710, [12] So if the only reasonable use of the property is seriously affected by the zoning ordinance, the owner should be en. titled to relief, and in addition if the Icgis. fall ve body under any reasonable imerpre. tation of the facts could say there was such an interference with that use, its action could not be held arbitrary, unreasonable and discriminatory. See I-'ggebccn v. Son- nenberg, 239 Wis. 213, 1 N.W.2d 84, 138 A.L.R. 495, where in a well -reasoned de. cision the action of the council was upheld in rezoning a small tract of land surromded by a residentially restricted area in order that it could be used for apartment house. The soil was shown there to he unsuitable for private home foundations due to the ex- cessive costs of adequate footings. Unless then the public welfare is otherwise seri- ously affected by such a change, we believe substantial justice will be obtained by adopting that reasoning here. In Ellicott v, hfayor and City Council of Baltimore, I.SA Afd. 176, 23 A.2d 644, the court held a city council has the power to make an exception to the zoning ordinance to relieve a certain lot from a restriction, applicable to the use district where the ex- ception is required, either by the peculiar condition of the lot, or the public gond. Also in Mucller v. C. f loffmcister Under- taking R Livery Co., 343 Mo. 430, 121 SAV. 2d 775, lite court determined the hoard of aldermen of St. Louis properly found in the passage of the blanket zoning ordinance it had erroneously included certain property within a residential zoning district, where. as it should have been included in an ad- joining commercial district, and the bond was possessed of the power and mahority to correct its error by passing the amenda- tory ordinance. I4ICRO1 ILI•Ifn BY DORM MICR(�LAB rrnnr i:n: i"< ..•f, I•lpr,c. Pilui(Ui 101LU By DORM 141CROLAB CEDAR RAPIDS AHD ULA ;'i1J,kL_ , 120 Iowa 88 NORTH WEBTERN REPORTER, 2d SHEIES from that accorded to similar surrounding ! land indistinguishable from it in character, ( all for the economic benefit of the owner of that lot or lots. Town of hiarblchead Y. Rosenthal, 316 hiass. 124, 55 N.P..2d 13. We do not disagree with that principle, but such cases are not in point. Action of iml,osing restrictions that do not bear alike on all persons living in the tome territory 'i under similar conditions and eirrumtsdwei j is discriminatory and will not be upheld. i 7 Page v. City of Portland, supra; Rodgers li v. Village of Tarrytown, supra; Cassel v. f Mayor & City Council of Baltimore, 195 i. Md. 348, 73 A,2d 486,489; Mucller v. I[Off - mcister Uudertaking & Livery Co., supra. That a zoning statute must be impartially applied as to all properties similarly sil- wiled is beyond dispute. Here, as we have pointed out, the property is not similarly situated and is distinguishable by its past use and character from other surrounding pngerty, and therefore the amendment does it not viulatc the rule announced io those cases. "Spat zoning" when construed to mean reclassification of one or more like tracts i or similar lots for a use prohibited by the original zoning ordinance and out of har- mony therewith is. illegal. When done under certain other conditions and circumstances in ucmrdanee with a comprehensive zoning plan, such action will not be declared void. It depends upon the circumstances of each case. Ifiglxe v. Chicago, B. & Q. R. Co., 235 Wis. 91, 292 N.W. 320;'128 A.LIL 734. Courts have upheld amendments where es- tablished though they might appear out of harmony with the general plan, because they did no violence to the spirit and intent Of the general zoning ordinance. Zoning Law and Practice 1, 2d ed. by Yokley (1953), p. 202. Also sec Ellicott V. Mayor and City Council of Baltimore, 180 hid. 176, 23 A.2d 619, 652; Dowsey Y. Village of hrnsington, 257 N.Y. 221, 177 N.E. 427, 4.10, 86 A.L.R. 612. Many cases cited by plaintiffs are bottom- ed upon failure to show a change in the ncighWrhood which justified the amend- mrot and they also are not applicable here. There was no claim of justification due to J"I change in the neighborhood made, but on the contrary the record indicates a continu- ing nonconforming use. The rule is quite well slated, we think, in 62 C.J.S., hfuoicipal Corporations, § 226(12) a (b), p. 468: (18] "The reclassification of certain property for a use different from that of the surrounding arca is not invalid where such property was subject to a nonconform- ing use, the effect of which was the same as though the property had been originally classified for the use to which it was subse- quently changed. • - -" Chayt Y. Maryland Jockey Club, 179 hid. 390, 18 A2d 856. Also see 58 Am.Jur., "Zoning, § 39, p. 965; § 98, p. 998; § 102, p. IOW. [19] The better rule, we think, is that there must be substantial and reasonable grounds or basis for the discrimination, when one lot or tract is singled out in an amendatory ordinance removing therefrom restrictions imposed upon the remaining portions of the same zoning district. Polk V. Axton, 306 Ky. 498, 208 5.W.2d 497. When the tract is shown to be clearly dif- ferent in character or use from those a- round it, discrimination may be legally jus- tified. Davis v. City of Omaha, 153 Neb. 460, 45 N.W.2d 172, and Pettis v. Alpha Alpha Chapter of Phi Neta Pi., 115 Neb. 525, 213 N.W. 835, cited by plaintiffs, invalidate amending zoning ordinances. Both were de- termined on a proposed new use of the rezoned property inconsistent wills property of a similar character within the neighbor- hood and zoned district. Neither is similar to the case at the bar, and we du not disagree with the principle of law therein declared. In neither of these cases was there an at- tempt to legalize a right of occupancy which had accrued and been maintained before the original zoning ordinance became effective, nor was the use or character of the property such as to fall in a special hardship category. We are convinced under the facts here Chit lite action of the council did not amount to illegal spot zoning. 'While the premises had some value and use as a residence was possible, it would be impracticable, expen- i MICROf ILMO 8Y JORM MICR(IisLAB frd(tp enei�it c, 4011Jf`