HomeMy WebLinkAbout1985-02-26 Info PacketCity of Iowa City
MEMORANDUM
Date: February 15, 1985
To: City Council
From: City Manager
Re: Informal Agendas and Meeting Schedule
February 18, 1985 Monday
HOLIDAY - CITY OFFICES CLOSED
February 19, 1985 Tuesday
6:30 - 8:30 P.M. Council Chambers
6:30 P.M. - Meet with Planning and Zoning Commission regarding
Harlocke/Weeber Area Rezoning, Melrose Lake Area Rezoning
and Urban Fringe Zoning Policies
7:30 P.M. - Waste Water Facilities Study Report
8:15 P.M. - Council time, Council committee reports
February 25, 1985 Monday
6:30 - 9:0 P.
M. Council Chambers
6:30 P.M. - City Conference Board Meeting - Separate Agenda Posted
6:50 P.M. - Coralville Milldam Project
7:10 P.M. - Review zoning matters
7:25 P.M. - Discuss Sign Ordinance
8:30 P.M. - City Charter Amendments - Administrative Recommendations
8:45 P.M. - Council agenda, Council time, Council committee reports
8:55 P.M. - Consider appointments to Broadband Telecommunications
Commission, Historic Preservation Commission, Johnson
County/Iowa City Airport Zoning Board of Adjustment, and
Resources Conservation Commission.
Februar 26 1985 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
March 5. 1985 Tuesday
6:30 - 8:30 P.M. - Council Chambers
6:30 P.M. - Energy Conservation Measures - Funding Program
6:50 P.M. - North Side Lighting Project
7:00 P.M. - Action Steps for FY86 Council Objectives
7:30 P.M. - Review Pending List Priorities
7:45 P.M. - Council time
800 P.M. - Evaluation of City Clerk (Executive Session)
a 7-Z-
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City Council
February 15, 1985
Page 2
PENDING LIST
Priority A: Leasing of Airport Land for Commercial Use
Priority B: Mandatory Open Space Requirements (March 1985)
Congregate Housing Development Alternatives
Iowa Theater Type Problems
Housing Alternatives
Newspaper Vending Machines
Unrelated Roomers -Proposed Zoning Ordinance Amendment
City Plaza Fountain Barrier
Comprehensive Economic Development Program
Housing Inspection Process and Operating Policies
Liquor/Beer License Suspension Policy
Street Naming Policy
Sewer Tap -on Fees and Requirements
Kirkwood/Dodge Signalization and Traffic Patterns
Old Dubuque Road/Bristol Drive/Foster Road
.,37.1-
City of Iowa City
MEMORANDUM
Date: February 12, 1985
To: City Council
From: City Manager
... u�L
Re: City Plaza Fountain
The City Council directed that the City Manager develop some type of safety
control for the fountain to preclude people from climbing on the fountain.
Enclosed is a plan prepared by the Department of Public Works which will
provide for a railing. Note that the railing has both a center cross bar and
a top bar so that people would have to crawl over or under the railing to
enter the fountain area. If the City Council wishes us to proceed with this
project, the railing could be constructed this summer. The estimated cost is
$3,850.
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Z7-3
� 15' FIRELANE
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A - 5 Equal
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B-3 Equal
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C - 1 Section of
D -3 Equal
Sections
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E -3 Equal
Sections
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F - 1 Section of
G -3 Equal
Sections
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H -5 Equal
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ninum railing components
bronze satin anodized fin -
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BASE PLATE AT STEPS -'j
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BASE PLATE DETAIL.
HANDRAIL DETAILS
BASE PLATE AT DRAIN
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CITY OF IOWA CITY, IOWA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
FOUNTAIN RAILING
PROJECT
SCALE: IDRAWN BY;
DATE: APPROVED BY:
City of Iowa City
MEMORANDUM
Date: February 14, 1985
To: City Council and General Public p1)
From: Rosemary Vitosh, Director of Finance,
Teresa Kimble, Senior Accountant 71L
Re: Council's Revisions to the FY86 Proposed Budget for Public Inspection
FY86 OPERATING BUDGET
At the February 5, 1985 informal Council meeting, the Iowa City Council approved
the following revisions to the Proposed Operating Budget for FY86. The following
is a reconciliation of the original proposed FY86 operating budget to the proposed
FY86 operating budget as presented to the public.
Revenues Expenditures
Total original proposals $29,709,929
$29,470,582
1. Salaries and benefits:
173,168
- Projected salaries and benefits were
adjusted to reflect recent Union
contract.settlements. Total adjustments
to salaries for all funds equal $173,168.
2. City Council: -1,399
4,301
- City Council approved funding for Aid to
Agencies at $173,891 which is $1,399 lower
than originally estimated. The transfer -in
from Revenue Sharing also decreased by $1,399.
- City Council salaries were raised by $5,700,
a total of $41,788 split among six Councilors
and the Mayor.
9,450
3. City Attorney:
- A four -drawer file cabinet will be purchased for
the City Attorney's office for $255.
- During FY85, the City will change from retaining
a City Attorney on a part-time basis to employing
a City Attorney on a permanent, full-time basis.
Salary and benefits increase by $56,195 but legal
services decrease by $47,000, a net increase of
$9,195 for the City Attorney.
i
1
,
B
2 Revenues Expenditures
4. Broadband Telecommunications: 520
Broadband Telecommunications added $220 for a
file cabinet.
- $300 has been added to Broadband Telecommuni-
cations for paying interns.
5. Finance Administration: -31,673 74,316
The County Auditor's taxable property valua-
tions were finalized after the original
proposed budget was completed. The revised
property tax receipts are $31,673 less than
the originally estimated amount of $10,525,721;'
revised tax askings total $10,494,048.
- An Assistant Finance Director was added by
Council, salary and benefits total $33,163.
- Funding for Mercer Diamond 94 Lights, $22,000,
will be transferred from General Fund, Finance
Administration.
- Additional operating subsidy to Airport equals
$309, and to Transit equals $18,844.
6. Fire Dept.: 19,691
- An Administrative Clerk/Typist, with salary
benefits of $18,891, was added to the Fire
Department's budget.
- The Fire Department capital outlay increased
by $800, for 4 hi -rise harness packs, $400,
and an electronic arson detector, $400.
7. Traffic Engineering and Street System Maintenance: 20,000
- A project for installing signals at the inter-
section of Kirkwood and Dodge was moved to the
Pending list of the FY86-90 Capital Improve-
ments Program. $20,000 of Road Use Tax monies
that would have funded the project was added
to the funding for Traffic Engineering, $5,922
and for Streets System Maintenance, $14,078.
8. Street System Maintenance: 255
- A four -drawer file cabinet was added to the
budget for Streets System Maintenance.
3 7,44'
3 Revenues Expenditures
9. Forestry/Horticulture: 160
- The Forestry/Horticulture Division received
approval for a two -drawer file cabinet.
10. Recreation: 14,653 14,653
- A half-time recreation supervisor was increased
to full-time adding salary and benefits of
$13,933.
- Corporate fitness programs will be added to
Recreation programs, estimated revenues are
$6,500 and estimated temporary salary costs
are $3,520.
- Game Room/Pool Supervision for 4 hours a day
during school days will be provided by a
volunteer instead of a temporary employee;
temporary salaries are decreased by $2,800.
- Sumner Camp electives will be added to the
already scheduled summer camp programs; addi-
tional revenues are $8,153.
11. Library: -9,717
- Due to errors in the original proposed budget,
the Library contract with Johnson County was
reduced by $9,717. The contracts calls for the
County to pay 10% of the Library's total
expenditure budget; the amount to be received
from the County is $116,585.
12. Senior Center: 918 1,850
- $1,850 has been included in the Senior Center's
budget to cover the cost of modifying the Senior
Center's granite sign.
- Johnson County funds 200m of the Senior Center's
budget. After increases from salary negotiations,
adding the cost of modifying the sign and an error
in the original proposed budget, the County's
portion rises by $918 to a total of $40,413.
13. Community Develonent Block Grants: -4,000 -5,841
- Community Development Block Grant entitlements
will decrease by $4,000 to a total of $732,000
for the calendar year of 1985. This $4,000
reduction in revenues and the increase from
salary negotiations, $1,841, reduces the
contingency amount by $5,841.
37f
4 Revenues
Expenditures
$8,549
325,319
14. Federal Revenue Sharing:
- Federal Revenue Sharing entitlements rose by
$8,549 for FY86, a total of $572,267.
- The transfer to City Council for Aid to Agencies
was lowered by $1,399.
- $326,718 is allocated to Capital Projects. The
Council will designate the specific projects at
a later date.
-220,000
15. Parking Operations:
- $220,000 of transfers out of Parking Operations
FY86 to FY85. These transfers
were changed from
for improvements to both the Capitol Street
are
Ramp and the Dubuque Street Ramp that will be
started in FY85.
309
16. Airport:
- Increases in salary projections add $309 to
the
the Airport's operating subsidy from
General Fund.
18,844
275
17. Transit Operations:
- The Transit Operations budget increased due
to the revisions in salary projections by
$18,569, Council approved $400 for a tele-
vision to view taped training films, and an
error of $125 was subtracted for a net
in the operating subsidy of $18,844.
increase
____,_,,,
Total FY86 proposed budget with revisions 529,126,413
$29,868,699
FY86-90 CAPITAL IMPROVEMENTS PROGRAM
On Monday, February 4, 1985, Council reviewed the Capital Improvements Program and
made the following changes.
1. Ridge Road and Dubuque Street Intersection Improvements was moved to the
Pending list; it will be considered when an alternative design is presented.
as
2 thektraf ice p oblemsD f the whole ineighborhoodwneedotod Pending
be reviewed in their
entirety.
37�4
5
3. Alley Paving - FY86 originally included three alleys: Block 1 of Lyon's First
Addition, Block 9 of Lyon's Second Addition, and Raphael Place. The February
4, 1985 proposal still has three alleys but replaces Block 9 of Lyon's
Addition with an alley north of East Davenport Street between Pleasant and
Reno Street.
4. Dubuque Road Improvements original estimate did not include the costs for
sidewalks; those costs, $44,000 have been added to the proposal.
5. Dubuque Street - Iowa Avenue to Park Road now includes in the project, trees
to be replanted along the improved street where trees need to be removed.
6. The proposed New Bridge Connecting Governor Street and Keokuk Street was
deleted from the CIP.
7. North Dubuque Street Sidewalk Improvements was revised to one-half of the con-
struction costs being funded by the University of Iowa.
8. Scott Park was deleted from the CIP.
9. The Animal Control Facility original proposal stated annual maintenance costs
of $25,000; those costs should have read $2,500.
10. Civic Center Expansion was moved to the Pending list; the Space Needs Commit-
teeis presenting to Council short-term and long-term alternatives for this
project in the spring of 1985.
11. Existing Wastewater Treatment Plant Upgrade was moved to the Pending list;
consultants are presenting to Council alternatives for the whole Wastewater
Treatment Facility Project in the spring of 1985.
1
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3. Alley Paving - FY86 originally included three alleys: Block 1 of Lyon's First
Addition, Block 9 of Lyon's Second Addition, and Raphael Place. The February
4, 1985 proposal still has three alleys but replaces Block 9 of Lyon's
Addition with an alley north of East Davenport Street between Pleasant and
Reno Street.
4. Dubuque Road Improvements original estimate did not include the costs for
sidewalks; those costs, $44,000 have been added to the proposal.
5. Dubuque Street - Iowa Avenue to Park Road now includes in the project, trees
to be replanted along the improved street where trees need to be removed.
6. The proposed New Bridge Connecting Governor Street and Keokuk Street was
deleted from the CIP.
7. North Dubuque Street Sidewalk Improvements was revised to one-half of the con-
struction costs being funded by the University of Iowa.
8. Scott Park was deleted from the CIP.
9. The Animal Control Facility original proposal stated annual maintenance costs
of $25,000; those costs should have read $2,500.
10. Civic Center Expansion was moved to the Pending list; the Space Needs Commit-
teeis presenting to Council short-term and long-term alternatives for this
project in the spring of 1985.
11. Existing Wastewater Treatment Plant Upgrade was moved to the Pending list;
consultants are presenting to Council alternatives for the whole Wastewater
Treatment Facility Project in the spring of 1985.
1
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City of Iowa City
MEMORANDUM
Date: February 15, 1985
To: City Council /
From: Karin Franklin, Senior Planner
Re: Comments on Sign Ordinance
Included in the Council's packet is a letter dated February 5, 1985 from
Steve Sovern, president of Nesper Sign Advertising in Cedar Rapids. Listed
below are the issues raised by Mr. Sovern with a staff response to each.
Following are responses to questions raised by Councilman Baker and to
referral questions from the City Council.
ISSUES RAISED BY STEVE SOVERN.
Facia signs: "The existing ordinance allows that their size may be 20%
of the downtown wall to which they are attached. The new ordinance
reduces that by 50% to 10% of the wall."
The existing ordinance permits facia signs to cover 20% of the front wall
in the CB -10, CB -2, CI -1, I-1, I-2 and ORP zones and 10% of the front
wall in the CH -1, C0 1, CN -1 and CC -2 zones. The proposed ordinance
permits facia signs to cover 10% of any wall in all zones. A business in
a structure which is appropriately sited could potentially have more
overall signage than permitted now, however the signage on any one
building wall could be less in the CB -10, CB -2 and other zones. A
-building with a 30 foot width and a 10 foot height (one story), or 300
square feet of building wall, could have a 30 square foot facia sign or 2
feet by 15 feet.
Under the existing ordinance, in buildings in which there is more than
one use, the square footage of the building wall used to determine the
size of a facia sign is the square footage of the exterior wall of the
portion of the building occupied by a specific, use. The proposed
ordinance eliminates this provision. Users of a building will have the
flexibility of agreeing amongst themselves as to the proportion of
signage each can use according to specific needs yet within a broad
limitation, i.e. 10% of the building wall. Some businesses may have more
or less signage than is permitted now as a consequence of this.
2. Pro'ectin signs: "This type of sign is now allowed in CH and was
previously alsoallowedin C-2. (It was inadvertently disallowed in C-2
when a paragraph was dropped during an ordinance reprinting.) The new
ordinance prohibits such a sign in all zones."
The existing ordinance does permit projecting signs in the CH -1 zone and
by inference in the CC -2 zone. Projecting signs are not expressly
permitted in CC -2 zones, however, there is language referring to them in
97-s
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the "Special Provisions" section. There are no such signs in the CH -1
zones now. The decision of the Commission was to delete them since they
were not previously expressly permitted and did not appear to be used.
3. Free-standing sin height: "The current ordinance allows 35 feet
overall, the new ordinance calls for a 30% reduction to 25 feet above
grade."
Initial staff proposals for controlling the height of signs related the
sign height to the function of the adjacent right-of-way and the maximum
speed of traffic permitted there. This was simplified to a set maximum
height. The impetus for decreasing the maximum height from 35 feet was
the use of that maximum in a few instances along Highway 6 and Riverside
Drive and the lack of scale between the sign and the structures in the
area that was perceived.
4. Free-standing signs on corner lots: 'The existing ordinance prohibits a
free-standing sign in the corner triangle of a lot with the legs of the
triangle being 20 feet. The new ordinance would enlarge that prohibition
by 250%, in some instances, by making the triangle legs 70 feet."
The provision referred to limits the placement of free-standing and
monument signs in a triangle defined by the curb lines on a corner lot
and not by the property line as is used in the existing ordinance. The
70 foot restriction is only on arterial streets; the triangle is 50 feet
along collector streets and 30 feet along local streets. Any sign may
project into this area at ten feet or more above grade. Free-standing
signs which must be ten feet above grade could project into this defined
triangle. However, the sign support could not be within the triangle as
the ordinance is currently written. This provision is consistent with a
similar provision in the tree regulations.
5. Second frontage facia signs: "A business with a frontage on two streets
is allowed a facia sign on both frontages by the current ordinance. The
second sign would be prohibited by the new ordinance, denying identifica-
tion to consumers traveling on one of the frontages."
This statement is not accurate. The proposed ordinance permits signage
on all walls. Therefore, double frontage buildings will be permitted
signage on both frontages.
6. Electronic changeable copy: "The new ordinance expressly prohibits the
use of this new technology in all zones."
The Planning and Zoning Commission addressed this issue and felt that
these signs were animated signs and should not be permitted.
7. Sinarea computation: The new method of calculating sign size of
free-stan ing signs with two or more faces or cabinets would have
applicants count the open space between them and pay $1.60 per square
foot for this space when applying for a permit. Such space would also be
included in the maximum sign footage allowed."
3 7r
3
The method of calculating sign area is the same under the existing
ordinance and the proposed ordinance. Incorporating the space between
the sign faces on a free-standing sign with two or more signs on it was
intended to minimize the visual clutter of a number of signs on a
standard, spread out along the standard, in such a manner as to
effectually occupy more visual space than the maximum square footage
permitted. With a minimum above -grade height of ten feet and a maximum
height of 25 feet for free-standing signs, this concern may be unneces-
sary.
8. Directionalsigns: "The existing ordinance allows such a sign to be 33%
arger than t e new ordinance. Four square feet is a very small surface
to say "ENTRANCE" with an arrow large enough so that 30 mile per hour
traffic can read it in time to make a safe decision to turn. Yet the new
ordinance says the size should be reduced to three square feet. Twelve
square feet will cause no additional clutter, yet will provide safe,
useful information to traffic."
The existing ordinance permits "private traffic directional signs", such
as an entrance sign, up to four square feet in area per sign face. The
proposed ordinance permits two square feet per face in residential zones
and three square feet per face in all other zones. Twelve square feet
would appear to be excessive for such signage.
9. Time and temperature signs: "The new ordinance places a limit on the
size of these units in allowed zones. This limit is an extension of a
special amendment to the ordinance a few years back to allow the two
specific bank signs in the downtown."
Time and temperature signs are animated signs and as an exception to the
blanket prohibition of animated signs were purposefully restricted to
existing sign limitations.
(Mr. Sovern's comments in the following items refer to the existing ordi-
nance. The response is given in the context of the proposed ordinance.)
10. Permit fees.
Fees are not addressed by the regulations under consideration but are
adopted by resolution. The fee structure can be considered at a later
date as a separate item from the sign regulations.
11. Prohibition of free-standin signs on corners: We can understand the
s ght obstructions caused by a monument sign (by definition a monument
sign is low), but a free-standing sign must be ten feet above grade. As
such it creates no obstruction. The ordinance could accomplish its goal
by regulating the free-standing sign supports to be a maximum of two
eight -inch diameter pipes in this area."
This option was not discussed by the Planning and Zoning Commission and
may be worth the Council's consideration. It may be wise to consider a
higher minimum height above grade if this option is considered to ensure
that there is adequate visibility for trucks.
,375-
12. Free-standing signs in industrial zones: "These are limited to 50 square
feet in size by the current ordinance. The less commercial zones are
allowed 125 square feet. Industrial signs should be allowed to be at
least as large as lesser zones."
The proposed ordinance maintains the maximum square footage of 50 square
feet per sign face for free-standing signs in industrial zones. In the
CH -1, CC -2, and CI -1 zones, a 125 square foot maximum per sign face is
allowed. The rationale for this difference rests in the fact that
establishments in the commercial zones rely to a certain extent on
passing traffic for their trade, whereas industrial uses are wholesale in
nature and do not need the larger signs to catch the attention of passing
consumers. The decision of the Commission was to not change the square
footage allowed in either the commercial or industrial zones.
13. Window signs: "Permanent window signs are limited to four square feet.
This is so small as to render them almost useless."
This statement is not entirely correct. The existing ordinance restricts
window signage to four square feet or 25% of the window area, whichever
is less. The proposed ordinance restricts window signage to 25% of the
winnow area. The staff has proposed that this requirement apply to only
permanent window signage such as neon lighting, a sign hanging in a
i window or a sign imbedded in glass, and that temporary window signs such
as posters not be regulated because of enforcement problems. The
Planning and Zoning Commission and the Chamber committee do not agree
with the staff.
14. Maximum size of free-standing signs: "A limitation of 125 square feet
for a free-standing sign is too strict. We agree with the importance of
an overall limit, but for a large lot, the arbitrary 125 square feet is
unreasonably small. It places a particular hardship on the typical
Ij franchise and national retail concern that ships signs all over the
country."
The maximum sign area proposed for free-standing signs is 250 square feet
or 125 square feet per face in the CH -1, CC -2, and CI -1 zones and 100
square feet or 50 square feet per face in CB -2, I-1, I-2 and ORP zones.
A common free-standing, that is one sign used by more than one business,
may be 50% larger than an individual free-standing sign permitted in the
zone. As in the existing ordinance, lot frontage limits the size of the
free-standing sign on a particular lot.
15. Facia signs: "Limiting facia signs to 10% of their wall in C2 and CH
zones provides little, if any, benefit and thus an unnecessary hardship."
In conjunction with opening up the possibility of signage on each wall of
a building, the maximum sign area for facia signs was decreased in some
zones (see above) from 20% to 10%. It was felt that 10% of the building
wall was adequate given the expanded possibilities for signage. In cases
where there is only one building wall useful for signage, such as in the
central business district, the actual amount of signage permitted will
decrease. This was the intention of the Commission.
37s
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16. One-time sign erectors license: "This is a very unique ordinance
provision. It allows a person with no demonstration of qualifications to
j build a free-standing structure to withstand 30 pounds/square feet
loading."
The purpose of allowing individuals to obtain the one-time sign erectors
license is to not unduly burden small businesses who wish to erect
signage, within the requirements of the ordinance, but who cannot engage
a professional sign erector.
i 17. Electrical ermit: Mr. Sovern appears to be requesting what is in fact
a ready Electrical permits are issued to sign erectors only if
they are qualified electrical contractors also. Illuminated signs which
j are wired without such a permit are done so illegally.
t i QUESTIONS RAISED BY NR. BAKER:
jj 1. Clarify the last sentence in Section 36-61(f)l - "Such signs do not
i ! extend more than one foot out from vertical walls nor more than one foot
4E out at the signs closest point from non -vertical walls."
On a vertical wall and on non -vertical walls, such as mansard roofs, a
sign should not be any further, at any point, than one foot from the
wall.
2. Are lights which blink on and off in sequence inside a window considered
to be a window sign?
Blinking lights in a window would be considered an animated sign and are
prohibited.
3. Are construction signs permitted in the public right-of-way?
i The sign regulations control only signs on private property. New signs
in the public right-of-way are prohibited by Chapter 31 of the Municipal
Code.
4. Do the provisions of Section 36-62(a)(1)b address the concerns of
convenience stores wanting signage incidental to their gas pump uses?
Yes, this provision allows all filling stations and establishments
engaging in the dispensing of motor vehicle fuel or oil to have signage
which is integral to their accessory equipment. I
5. What is an identification sign that would be found in a residential zone?
+ A plaque with the name of an apartment building on it would be such a
I sign.
6. What is an example of an integral sign?
The Masonic emblem imbedded in the building on College Street is an
example of an integral sign. `
'31-5-
Id
7. How does Section 36-62(a)(2)j.3 relate to signs in commercial zones?
No off -premise sign located in a commercial zone can be within 120 feet
of a residential zone or the uses listed.
B. What is the rationale for not deducting billboards from the maximum
signage allowance?
Billboards are already restricted by allowing only the junior size (72
square feet) and by controlling the location.
9. Is one square foot a realistic size for home occupation signs?
Two square feet may be more reasonable and would be consistent with the
square footage permitted for identification signs, which are allowed
without a permit in all zones.
10. What is an example of a time and temperature sign?
The signs on the Iowa State Bank and First National Bank are time and
temperature signs.. -
11. The proposed ordinance permits common monument or free-standing signs
with a maximum area 50% larger than the area of the maximum individual
sign allowed. What does this mean?
In an instance in which two or more businesses on a lot wish to use the
same sign structure, the sign area may be 50% larger than the maximum
sign area allowed for one of the businesses. For example, on a lot with
50 feet of frontage, a single business could erect a free-standing sign
with a sign face of 50 square feet. If that business were to combine
with other businesses on the lot and provide common signage, the maximum
sign area permitted would be 150 square feet or 75 square feet per face.
12. Are the CO -1 and CN -1 zones the most restrictive commercial zones?
Yes.
13. What is an example of an exposed lamp used for illumination; what is the
magnitude of 60 milliamps?
i An exposed lamp can be a spotlight, such as the one found at Ground Round
on Riverside Drive, which shines directly on the sign. All neon lighting
is 60 milliamps.
14. Are there any other cities which control design as well as size and
location of signage?
Galena and Woodstock, Illinois, control for design but only in historic
districts. Merced, California, has design review for signs in the
downtown and Chula Vista, California, reviews the design of any signage
in commercial and industrial developments that are larger than two acres.
The design regulations that we have encountered appear to address only
signage within a specified district rather than being applicable to a
whole city.
37.3-
15. Are wood signs prohibited under the proposed ordinance?
No.
I
REFERRALS FROM THE CITY COUNCIL:
Political sio_ns: Why were the provisions changed?
Members of the Planning and Zoning Commission felt very strongly about any
limitation on an individual's rights to express their political beliefs and
participate in the democratic process. It was also felt that the use of
I political signs was for a short duration, was not a problem requiring
control, and that the provision of the existing ordinance was unenforceable.
Nonconformino si ns: Who is responsible for seeing that a sign is properly
j erected - the City or the erector?
!E
-The sign erector is responsible for obtaining and complying with a sign
j permit.
Awning/nosi_ gns: What was the position of the Chamber committee, the
Planningcapy a �� �-�n Zon�g Commission and the staff regarding awning/canopy signs?
The Chamber committee suggested prohibiting awning signs to stem the prolif-
eration of awnings in the downtown. This suggestion arose out of a concern
expressed by a wood -sign maker that since projecting signs were prohibited,
awning signs were becoming overly -abundant. The Planning and Zoning Commis-
sion did not wish to adopt a blanket prohibition at this time. The staff
does not perceive a problem with the awning signs and does not recommend a
change.
/sp
cc: Steve Sovern
Linda Lundquist
Tom Scott
.37.5-
SIGN ADVERTISING
February 5, 1985
The Honorable Mayor & Members J
of the Council
Iowa City City Council
Civic Center 410 E Washington
Iowa City, Iowa 52240
Dear Mayor McDonald and Council Members:
Thank you very much for your kind attention to our concerns and the con-
cerns of our Iowa City customers, regarding the proposed sign ordinance. This
letter is pursuant to your request to furnish in writing, those, and any other
problems that may need attention.
Please allow us to reiterate our respect for the uniqueness of the Iowa
City Community, and ordinances which reflect that uniqueness. These suggestions
are a result of concerns expressed to us by those businesses and institutions
we work for in Iowa City. We are proud to have served Iowa City since 1925,
and to have played a role in the drafting of the original ordinance in the late
'60's and early '101s.
Further, we would like to commend the committee in their work to stream-
line the sign ordinance. We agree with the importance of that goal. We believe
that the unintended side effects of this effort may have resulted from the ab-
sence of those with everyday experience with the sign ordinances.
It is our understanding that this ordinance restructuring has not been
prompted by a concern about the lack of regulations. The existing ordinance is
probably the most strict in Iowa. Again, that is a position we do not quarrel
with in general if it accurately reflects the wishes of the community. There are,
however, a number of provisions where there is little or no community benefit,
yet high cost of enforcement and economic hardships for business and industry.
The following are brief descriptions of significantly more stringent controls of
the proposed ordinance:
FASCIA SIGNS
The existing ordinance allows that their size may be 20% of the
downtown wall to which they are attached. The new ordinance re-
duces that by 50% to 10% of the wall.
I know of no sign that is offensively large at 20%. Under the
proposal, John Doe Jewelery, with a 30' frontage probably couldn't
use a modest size 24" capital letter on the name of his or her
business.
r w tia`
w 4820 J Street S.W. , Ceder Rapids, Iowa 52404 • Phone: 310.388.5312
Phone: 1.800.332.8403 Toll Free from anywhere in Iowa
3 ?.S
Mayor McDonald & Council Members
February 5, 1985
Page 2
PROJECTING SIGNS - (attached to a building)
This type of sign is now allowed in CH and was previously also
allowed in C2. (It was inadvertently disallowed in C2 when a
paragraph was dropped during an ordinance reprinting.) The new
ordinance prohibits such a sign in all zones.
A conscious decision to disallow projecting signs in the down-
town area was adopted 15 years ago. This is because of the
Positioning of buildings right on the property line. It has
worked well in that setting.
There is no corresponding benefit in other zones. A projecting
sign is the equivalent of , among other things, a poor person's
free standing sign. If a building is properly positioned, such
a sign can be attached to it rather than going to the expense
and adding the clutter of a free standing pole. Projecting signs
are an important option in C2, CH and industrial zones. They
are not objectionable and create no hazards.
FREE STANDING SIGN HEIGHT
The current ordinance allows 35' overall, the new ordinance calls
for a 30% reduction to 25' above grade.
Again, we're aware of no problem signs at 35'. Many times geo-
graphic positioning of a lot makes a higher sign ledgible,
serving both the consumer and the institution it identifies.
FREE STANDING SIGNS ON CORNER LOTS
The existing ordinance prohibits a free standing sign in the
corner triangle of a lot with the legs of the triangle being 20'.
The new ordinance would enlarge that prohibition by 250%, in
some instances, by making the triangle legs 701.
There is a better way to control vision obstructions at a corner
than even the 20' rule. The 70' rule would eliminate the use of
a free standing sign for many small businesses. This will be a
serious hardship.
SECOND FRONTAGE FASCIA SIGNS
A business with a frontage on two streets is allowed a fascia
sign on both frontages by the current ordinance. The second sign
would be prohibited by the new ordinance, denying identification
to consumers traveling on one of the frontages.
3 9.S
Mayor McDonald & Council Members
February 5, 1985
Page 3
ELECTRONIC CHANGEABLE COPY
The new ordinance expressly prohibits the use of this new technology
in all zones.
I' understand the staff felt that such signs are distracting to
motorists. There is no known case in this country where such a
sign was blamed for an accident. We don't believe such unsub-
stantiated assumptions should generate an absolute prohibition.
These signs have proven to be an excellent marketing tool for a
limited type of business. Further, they are most generally used to
promote community benefits and provide public interest information.
SIGN AREA COMPUTATION
The new method of calculating sign size of free standing signs
with two or more sign faces or cabinets would have applicants count
the open space between them and pay $1.60 per square foot for this
space when applying for a permit. Such space would also be in-
cluded in the maximum sign footage allowed.
This has the unintentional affect of dictating design and the
Placement of sign modules. It creates a serious new problem for
two current applications.
DIRECTIONAL SIGNS
The existing ordinance allows such a sign to be 33% larger than the
new ordinance. Four square feet is a very small surface to say
"ENTRANCE" with an arrow large enough so that 30 mph traffic can
read it in time to make a safe decision to turn. Yet the new
ordinance syas the size should be reduced to three square feet.
Twelve square feet will cause no additional clutter, yet will pro-
vide safe, useful information to traffic.
TIME AND TEMPERATURE SIGNS
The new ordinance places a limit on the size of these units in
allowed zones. This limit is an extension of a special amendment
to the ordinance a few years back to allow the two specific bank
signs in the downtown.
The size limitation which was carefully drawn then, because it was
an exception to the projecting sign limitation, should not be im-
posed on a business wanting a time and temperature on a free
standing sign in a C2 or CH zone. The time and temperature unit
should merely be allowed and fall within the sign size regulations
of that particular lot and zone.
37-5-
i
Mayor McDonald & Council Members
February 5, 1985
Page 4
We don't suggest that this is a complete or comprehensive listing of the
more restrictive provisions. They are merely the most obvious problems that
came to our attention after spending several hours reviewing the proposal.
The following are provisions of the existing ordinance which have posed
significant problems for Iowa City businesses in the past. They are listed
because they are also included in the new ordinance and we believe you will
want to review them to be certain that the problems they generate are out-
weighed by the alleged benefits.
PERMIT FEES
Iowa City has the highest fees in Iowa and we have encountered none
higher in the country. They were increased 400% in 1982, and were
very high before that.
This is a significant hardship on small businesses. We have been
involved in jobs where the permit to do a $300.00 sign repaint
would be $160.00, or the permit cost of a $270.00 installation would
be $120.00.
Since Iowa City counts both sides of a double faced sign in its
computations, its $.80/sq. ft. fee is actually $1.60 s ft.! This
compares to the following rates of surrounding communit es as of
our January 1983 survey:
Cedar Rapids . . . . . $ .10 per square feet
Muscatine . . . . . . .. $10.00 flat fee
Waterloo . . . . . . . . . . . . . . . 10 per square feet
Davenport . . . . . . . . . . . . . . .30 per square feet
Dubuque . . . . . . . . . . . . . . . 10.00 maximum fee
Vinton . . . . . . . . . . . . . • • . 10.00 flat fee
Marion . . . . . . . . . . . . . . . . .10 per square feet
PROHIBITION OF FREE STANDING SIGNS ON CORNERS
We can understand the sight obstructions caused by a monument
sign (by definition a monument sign is low), but a free standing
sign must be 10' above grade. As such it creates no obstruction.
The ordinance could accomplish its goal by regulating the free
standing sign supports to be a maximum of two 8" diameter pipes
in this area.
The rule will otherwise create a real hardship for a corner
filling station type operation. The 20' triangle will put this
free standing sign in the middle of their drive.
3 75
Mayor McDonald & Council Members
February 5, 1985
Page 5
FREE STANDING SIGNS IN INDUSTRIAL ZONES
These are limited to 50 square feet in size by the current ordinance.
The less commercial zones are allowed 125 square feet. Industrial
signs should be allowed to be at least as large as lesser zones.
It's interesting to note that such a lot could have a sign 44%
larger advertising a business down the street but not its own busi-
ness.
WINDOW SIGNS
Permanent window signs are limited to four square feet. This is
so small as to render them almost useless.
Temporary window signs are limited to 25% of the window. Both
these regulations serve very little purpose and are admittedly
very difficult to enforce. The regulation also toys with con-
stitutional guarantees of free speech.
MAXIMUM SIZE OF FREE STANDING SIGNS
A limitation of 125 square feet for a free standing sign is too
strict. We agree with the importance of an overall limit, but
for a large lot, the arbitrary 125 square feet is unreasonably
small. It places a particular hardship on the typical franchise
and national retail concern that ship signs all over the country.
Please keep in mind that the sign size is already limited by
length of frontage. We do not suggest changing this in any way.
A 50% increase in the maximum will accommodate the average Wendy's,
Aldo's, Goodyear, Wards, McDonald's, Kmart sign without any
corresponding problems whatsoever.
FASCIA SIGNS
Limiting fascia signs to 10% of their wall in C2 and CH zones pro-
vides little, if any benefit and thus an unnecessary hardship.
Fascia signs are not separate structures, so they do not create
any obstruction or in no way violate free space and air. They are
merely a way of decorating an existing structure.
Although there is a good arguement for only confining a fascia
sign to the parameters of the existing wall, we suggest that a
reasonable compromise would be 1/3 of the wall to which they are
attached. This maintains good proportions but allows a business
to use a wall surface for
ense
of building more costly and more rgoing
x
standing to the sign.
a7S
Mayor McDonald & Council Members
February 5, 1985
Page 6
ONE TIME SIGN ERECTORS LICENSE
This is a very unique ordinance provision. It allows a person
with no demonstration of qualifications to build a free standing
structure to withstand 30 lbs/sq. ft. loading.
We believe the citizens of Iowa City would be better protected if
a licensed erector were required just as they are for plumbing,
electrical and other construction projects.
ELECTRICAL PERMIT
The ordinance requires a sign erector to get an electrical permit
for a sign requiring electricity. Although this sounds reason-.
able at first blush, we believe that the procedure followed by
most other cities is more practical.
Sign erectors should be prohibited from making a final hook-up to
an electrical service. This should be the responsibility of a
licensed electrical firm who, in most cases, would be familiar with
the electrical service in the building.
The sign erector should be required to list on its permit applica-
tion, the name of the electrical contractors making the connections.
This would give the building department the information necessary
to see that an electrical permit is taken out by the appropriately
qualified electrical contractor.
Thanks very much for the opportunity to present these ideas. Please keep
in mind that time and space prohibits a complete discussion of the issues in
this letter. We would be pleased to visit with anyone regarding them.
Cordially,
NESPER SIGN` ADVERTISING, INC.
SS:tf Steve Sovern
President
cc Karin Franklin, Senior Planner
Keith Kafer, Iowa City Chamber of Commerce
Linda Lundquist, Committee Chairperson
j Kacena Signs
Electra Signs
Schwab Advertising
i
February 12, 1985 D
TO: The Mayor and Members of the City Council 1 121985
FROM: Jeffery A. Smith, 625 Brookland Park Drive
RE: Dtscussion of Melrose Lake Rezoning on February 19 MARIAN K. KARR
CITY CLERK (3)
A key issue in the rezoning now seems to be the prospect
of a financial loss for the owners of Tract B. At the
January 29 meeting of the City Council, Mr. Hayek said that
they investigated the existing zoning and that the develop-
ment potential of the land was critical in their decision
to buy. I would hope that Mr. Hayek would be asked or
would volunteer to answer the following questions:
1. Were the owners advised that they did not have at
that time (and still do not) a legally vested right to the
existing zoning?
2. Were they informed about the concerns which had
been voiced about the area and the controversies going
back to at least the early 1970s?
3. Were they given information on state regulation
or did the state's jurisdiction over the dam site come as
a surprise?
4. Mr. Hayek said that the owners must now develop
or sell. Are there other financing options? Why couldn't
the owners sell after rezoning?
It is illogical for a person buying land to believe that
the zoning must always remain the same. (The Iowa Supreme
Court has stated emphatically that zoning is not static and
that it can be altered reasonably to meet the ever-changing
needs of a community.)
Any zoning or rezoning action could be stopped where
the present owners say they bought the land with another
purpose in mind. Officials could never rezone to meet the
public interests they are elected to protect if their hands
were tied in such a manner.
Governmental bodies constantly make unpleasant decisions
which disadvantage the few in order to serve the many. Suppose,
for instance, that the owners of railroads had been able to
block the construction of the federal highway system. The
reality is that improvements --in this case updating of a
zoning ordinance --always have some cost.
3 76
J. Smith
2/12/85
Presumably risk-taking is part of the free enterprise
system and government is not obliged to cater to every
investor who gets in too deep. Business failures of all
kinds are a common occurrence in our society. Would any
member of the city council be comfortable setting a
precedent to the effect that intentions in real estate
deals are sacred?
In this case, the wide-ranging needsand concerns of
the public far outweigh the property owner's interest in
financial gain. There are the realities of traffic,
density, drainage, school continuity, property values,
and the environment which should not be ignored.
People in this part of the city are saying enough is
enough or, rather, too much is too much. Traffic
circulation patterns alone are enough reason to rezone.
The idea that only foot traffic will result doesn't
take in account the paths that are cut across parks and
private property, the bicycle traffic on busy, narrow
streets, and the endless processions of pizza deliveries
and garbage pick-ups.
The Melrose Lake Association is making a reasonable
request in asking that the three tracts be rezoned. It
is not pressing for the purchase of park land at this
time. It is interested in some relief from the problems
created by a now outdated plan.
The value of the "Neuzil Tract" (Tract A) has been
greatly enhanced by the simple fact that the city happened
to grow around it and it appears that much of it has been
left undeveloped by choice until now. Rezoning would
still allow for a considerable financial gain and would
make sense in view of the fact that it is surrounded on
three sides by single family residential homes.
MARIAN K. KARR
CITY CLERK (3)
D
- s 12 1985
MARIAN K. KARR
CITY CLERK (3)
e. I
The University of Iowa R E C E I VE D FE8 141985
Iowa City, Iowa 52242
I
College of Law
Clinical Law Programs
(318) 353-6786 -
r®r 1847
February 14, 1985
Iowa City City Council
Civil Center
410 E. Washington
Iowa City, Iowa 52240
To the City Council:
Enclosed herewith is a Memorandum of law concerning the issue of
whether rezoning in the Melrose Lake area would constitute a taking of
property requiring just compensation. The memorandum was prepared b
the Civil Litigation Clinic of the College of Law in order toprovide
information to the Melrose Lake Community Association. tie hope you will
refer to this memorandum as part of your consideration of the proposed
rezoning. If you have any questions, please contact the Clinic at
353-6786.
Sincerely,
� te
Jeffrey A. Smith
JAS/gb
3 7A
u
MEMORANDUM
TO: Melrose Lake Community Association
FROM: Civil Litigation Clinic
ISSUE:
Rezoning of Melrose Lake Tract Requested by Melrose Lake
Community Association -- Would the Rezoning to a Lower
Density Utilization Constitute a Taking, Requiring That
Compensation Be Paid to The Various Owners?
Facts:
The Melrose Lake area is presently zoned RM -12 and RM -44, allowing
for fairly high density residential development. The area is shown on
the Iowa City Comprehensive Plan as being designated for low density
residential development. The majority of the land surrounding the
undeveloped areas around Melrose Lake is devoted to single family
residential development. '
The Melrose Lake Community Association has expressed concern about
more intensive development in the area because of the consequent traffic
increase, drainage and flooding problems, destruction of a sensitive
environment, lack of open space in the area, lack of need for apartments
and the effect on local property values. To alleviate such problems,
the Melrose Lake Community Association has proposed rezoning the Melrose
Lake area to bring it into conformity with the comprehensive plan, i.e.,
rezone to RS -B or another zone tailored to meet the needs of the area.
374
i
2
Discussion:
A. Because a municipality may not effectively rezone a parcel of
land where a right to build under the existing zoning has vested, the
first question is whether any right to the existing zoning has vested.
Whether a vested right exists must be decided in each case on an ad
hoc basis.
Board of Supervisors of Scott County v. Paaske, 250 Iowa 1293, 98
N.W.2d 827, 831 (1959). In the Paaske case, the Iowa Supreme Court
found that rights had vested where, prior to the rezoning, the landowner
had excavated foundations and laid concrete footings for foundations for
five homes to be moved to the lots, as well as purchased the homes to be
moved. The court noted that a decision on whether rights had vested
under a zoning ordinance would depend on the type of project, its
location, and ultimate cost, but principally on the amount of work
accomplished under conformity. 98 N.W.2d at 831.
The court also quoted language from a treatise that the vested
right would not necessarily accrue where the landowner proceeded to
build with actual or constructive knowledge of the pending of a zoning
amendment covering the property. 98 N.W.2d at 830-31.
Buildings already in existence do have vested rights, but buildings
planned do not unless they meet the test set by the Iowa Supreme court.
While the test is very nebulous in some cases, in the current situation
involving the Melrose Lake vicinity, no construction has commenced at
all, so no vested rights could be asserted under Iowa law. In Paaske,
the court specifically stated:
Where a property is under consideration as to the
effect of zoning ordinances, and nothing has been
done by way of improvement before the adoption of
the ordinance, the problem is not difficult. No
vested rights have been established. 98 N.W.2d at 829.
,374
3
B. Whenever a municipality zones or rezones property, the
question arises whether the municipality has "taken" the property for
public purposes under the city's condemnation powers. However, the Iowa
Supreme Court recognizes that:
...[Z]oning is not static. Anderson v. Cit of
Cedar Rapids, 168 N.W.2d 739, 743 Iowa 7969 .
A city's comprehensive plan is always subject to
reasonable revisions designated to meet the
ever-changing needs and conditions of a community.
Stone v. City of Wilton, 331 N.W.2d 398, 403 (Iowa 1983).
In that case, the Iowa Supreme Court also found that a 42%
reduction in land value because of the rezoning did not constitute a
taking. The court also said that the fact that a rezoning deprived the
owner of the most beneficial use of the property did not constitute a
taking. The court said that the test is essentially one of
"reasonableness," 331 N.W.2d at 404; and that, at most, the rezoning
"took. . .a sizeable tax shelter, not property. 331 N.W.2d at 405.
In an earlier case, Kasparek v Johnson County Board of Health, 288
N.W.2d 511 Iowa 1980), the court stated the law as being that "if the
only reasonable use of property is seriously affected by a zoning
ordinance, the owner should be entitled to relief." 288 N.W.2d at 516.
In other words, a zoning or rezoning is "unreasonable and confiscatory
and therefore illegal where it is practically impossible to use the land
in question for that purpose." 288 N.W.2d at 516, quoting from an
iearlier case.
j These principles, in the context of the Melrose Lake tracts mean
I
that a mere reduction in the density permitted on land would not be a
i
confiscatory taking. It would still allow a reasonable use, just not
the most beneficial use to the landowner. Therefore, under Iowa law, it
would not be a "taking."
37�G
4
4
C. Federal law on the subject of zoning or rezoning substantially
supports the position of the Iowa Supreme Court. Federal Courts view
zoning as an exercise of the police power given localities in order to
preserve public health, safety, morals or general welfare. All zoning
decisions must be made by considering the circumstances, needs and
location of a locality. When a zoning classification for an area is
subject to debate, the legislative judgment must be allowed to control;
and such judgments will not be overturned as unconstitutional unless it
is shown that the ordinances "...provisions are clearly arbitrary and
unreasonable, having no substantial relation to the public health,
safety, morals or general welfare." Village of Euclid, Ohio v. Ambler
Realty Co., 272 U.S. 365, 395, 47 S.Ct. 114, 121 (1926).
But, as stated in Goldblatt v. Town of Hempstead, New York, 396
U.S. 590, 82 S.Ct. 987 (1962),
This is not to say, however, that government action
in the form of regulation cannot be so onerous as to
constitute a taking which constitutionally requires
compensation. There is no formula to determine where
regulation ends and taking begins. Although a
comparison of values before and after is relevant, it
is by no means conclusive. 396 U.S. at 594, 82 S.Ct.
at 990.
And the only case that the Supreme Court found had crossed the line was
the earlier case of Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 43
S.Ct. 158 (1922). The Mahon case is clearly inapplicable to the Melrose
Lake situation, since the regulation there completely prohibited further
underground coal mining, thereby destroying the mineral rights the
mining company had acquired from the residents above.
Several decisions since Goldblatt and Mahon have covered situations
more closely resembling the Melrose Lake situation. In William C. Haas
& Co., Inc. v. City and County of San Francisco, California, 605 F.2d
374
5
1117 (9th Cir. 1979), cert. denied, 100 S.Ct. 1315, 445 U.S. 928,
rehearing denied 100 S.Ct. 1867, 446 U.S. 929 (1979), plaintiff had
entered a land purchase agreement to buy a large parcel of unimproved
land. The agreement was conditioned upon Haas' obtaining a permit to
build from the city. The land at the time of Haas' permit application
was zoned to allow a high-rise development. The City Planning
Commission then denied the permit and adopted height and bulk
restrictions which defeated Haas' plans. Haas then applied for a new
permit for a smaller building which was granted by the Commission. Haas
then paid $1,650,000 for the property and $165,000 for taxes and
commissions. Haas began construction while a nearby homeowners group
began litigation which resulted in the permit being declared invalid
because it failed to comply with the California Environmental Quality
Act of 1970. Haas was ordered to reapply for the permit, but in the
meantime the Commission had lowered the height restriction from 300' to
40' and reduced the number of units which might be guilt on each acre.
Haas then filed this federal suit challenging the rezoning as
unconstitutional and seeking an inverse condemnation award of some ten
million dollars for the reduction of the property value. The district
court granted summary judgment for the defendants and Haas appealed.
In affirming the district court, the Ninth Circuit Court of Appeals
examined the authorities above and stated,
Decisions sustaining other land use regulations
reasonably related to the promotion of general
welfare, uniformly reject the proposition that
diminution in property value, standing alone, can
establish a taking and that the taking issue in
these contexts is resolved by focusing on the uses
the regulations permit. 605 F.2d at 1120.
374
II
I
i
I
5
1117 (9th Cir. 1979), cert. denied, 100 S.Ct. 1315, 445 U.S. 928,
rehearing denied 100 S.Ct. 1867, 446 U.S. 929 (1979), plaintiff had
entered a land purchase agreement to buy a large parcel of unimproved
land. The agreement was conditioned upon Haas' obtaining a permit to
build from the city. The land at the time of Haas' permit application
was zoned to allow a high-rise development. The City Planning
Commission then denied the permit and adopted height and bulk
restrictions which defeated Haas' plans. Haas then applied for a new
permit for a smaller building which was granted by the Commission. Haas
then paid $1,650,000 for the property and $165,000 for taxes and
commissions. Haas began construction while a nearby homeowners group
began litigation which resulted in the permit being declared invalid
because it failed to comply with the California Environmental Quality
Act of 1970. Haas was ordered to reapply for the permit, but in the
meantime the Commission had lowered the height restriction from 300' to
40' and reduced the number of units which might be guilt on each acre.
Haas then filed this federal suit challenging the rezoning as
unconstitutional and seeking an inverse condemnation award of some ten
million dollars for the reduction of the property value. The district
court granted summary judgment for the defendants and Haas appealed.
In affirming the district court, the Ninth Circuit Court of Appeals
examined the authorities above and stated,
Decisions sustaining other land use regulations
reasonably related to the promotion of general
welfare, uniformly reject the proposition that
diminution in property value, standing alone, can
establish a taking and that the taking issue in
these contexts is resolved by focusing on the uses
the regulations permit. 605 F.2d at 1120.
374
0
The court noted that Haas could still develop the land, though not to
the extent he had expected. And the court recognized that Haas may now
lose money on the deal. The court went on to state.
But (Haas') disappointed expectations in that regard
cannot be turned into a taking, nor can Haas transform
a regulation into a taking by recharacterizing the
diminution of the value of its property as an inability
f to obtain a favorable return on its investment.
...(T]he land use controls were part of a compre-
hensive plan for the development of the City to
preserve aesthetic values and other general welfare
( interests of the inhabitants.... That the loss is
heavy and that Haas must bear more than its proportion
of the burden for the sake of the general welfare,
however, did not convert the regulation into a taking.
605 F.2d at 1121.
Another case involving rezoning after a project had commenced was
Rogin v. Bensalem Township, 616 F.2d 680 (3rd Cir. 1980), cert. denied,
101 S.Ct. 1737, 450 U.S. 1029 (1980). Plaintiffs therein were the
developers of a condominium project and persons who had purchased unbuilt
condominiums. The Township had approved plans for a 557 -unit complex
and, by 1976 106 units were completed as well as common area
I
improvements like streets and sewers. Apparently, the Township required
the developers to periodically apply for building permits as they began
construction of a cluster of units, and when the developer applied for
twelve additional permits on September 24, 1976, its request was denied.
The reason for the denial was that back in June of 1973 (a month after
the initial approval of the project), the Township amended the zoning
i
law by reducing the permissible number of units per acre from 12 to 12.
The developer appealed that change, but on October 8, 1976, the Township
again decreased the density to four units per acre. Therefore, the
' project's total size was reduced from 557 units to 200 units.
3 7G
Il
Naturally, the developers appealed the Township's rezoning decision
to the Court of Common Pleas which reversed the Township's decision and
ordered issuance of the building permits. Thereafter, the Township
appealed to the Commonwealth Court of Pennsylvania in the case. In re
Appeal by Mark -Garner Associates Inc., 413 A.2d 1142 (Pa. CommW. 1980).
That court stated,
The present case is controlled by Dunlap Appeal,
87 A.2d 299 (1952), in which the Supreme court held
that "a vested right to build in futuro a structure
which violates a zoning ordinance can only be
acquired by first securing a permit and thereafter
expending substantial sums in reliance thereon."
87 A.2d at 301.
In the instant case, the landowner has not
alleged that it has made any expenditures in
reliance upon permits issues, since this case
involves the rejection of an application for
permits. Therefore, since the landowner was not
acting in reliance upon permits issued, it has no
vested right to complete its project in violation
of the applicable ordinance. 413 A.2d at 1144-45.
No appeal was taken from this decision, perhaps because the landowners
had proceeded with a federal suit as well.
The federal action was instituted pursuant to various Civil Rights
Act, Equal Protection and Due Process theories and sought damages and an
injunction compelling the issue of the remaining permits. The district
court dismissed the action and the developers appealed. The Third
Circuit Court of Appeals rejected all of the developers' theories. In
rejecting the "taking without just compensation" claim, the court stated
that two considerations were important to the Supreme Court:
iFirst, if the law in question applies generally to
a broad class properties, the Court is likely to
of
sustain it.... Second, unless application of the law
destroys or severely diminishes the value of the
property, the Court will uphold the application.
This is true even if the legislation prohibits "a
beneficial use to which individual parcels had
3 76
0
previously been devoted and thus causes substantial
individualized harm." 616 F.2d at 690.
Since zoning amendments are valid exercises of police power designed to
prevent overcrowding, the amendments applied to all similarly zoned
properties, and the burden was distributed to many citizens, the Ninth
Circuit found the first part of the test satisfied. The court also
found the second part of the test was met because the asserted
diminution in value was only 33% ($3 million to $3 million) and the
Supreme Court has validated regulations causing from 75% to 85% loss of
value.
Finally, the U.S. Supreme Court found no taking occurred when a
five -acre tract of ocean -built land was zoned for single family
residential and open -space purposes. Agins v. City of Tiburon, 447 U.S.
255, 100 S.Ct. 2138 (1980).
Although the ordinances limit development, they
neither prevent the best use of appellants' land nor
extinguish a fundamental attribute of ownership.
447 U.S. at 262, 100 S.Ct. at 2142.
But the court also noted the case was not particularly ripe for appeal,
because appellants had never submitted a development plan to local
i
officials prior to bringing suit.
In examining the Melrose Lake situation, a federal court would not
find that rezoning the tracts in question would constitute an
unconstitutional taking of property without just compensation. The Iowa
City City Council has been neither arbitrary nor unreasonable in
considering this matter. Significant issues concerning the public's
safety and general welfare have been raised and are adequate to support
a rezoning action. The proposed rezoning affects several landowners in
that it reduces the density of the development they wish to achieve;
074
41
but, on the other hand, the rezoning benefits other landowners by
creating a safer and less densely populated area in which to raise their
families. Finally, the rezoning will not substantially impair the value
of the rezoned tracts. Rather, the affected land may still be developed
consistently with the new zoning requirements, thereby allowing the
landowners to recover some portion of their investment.
Conclusion:
On the basis of the Iowa and Federal law discussed above, it is
clear the City of Iowa City has every right to change its zoning
ordinances in order to meet changing conditions. It would be anomalous
indeed if the city could only rezone to increase density and not be able
to rezone to decrease density. Under Iowa law, the developers have no
vested right to expect to be able to build additional high density
housing in the area, especially since the Comprehensive Development Plan
of the city shows lower density was, at one time, the area's goal. The
City Council should recognize that the needs of the community can and
have changed considerably since the initial zoning was promulgated, and
that the public's safety and general welfare now require a lower ceiling
for housing density in the Melrose Lake area. So long as some
development opportunity for the tracts exist to some degree, the City
Council cannot be accused of taking property without just compensation
under Iowa law.
The federal courts of this nation have long recognized the validity
of zoning and rezoning schemes in order to promote the public's health,
safety, morals and general welfare. Only in the most extreme cases of
property deprivation by regulation will the federal courts order
compensation. Otherwise, as the cases cited here show, the federal
3710
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courts will allow communities to make their own decisions concerning
population density, even if such decisions may injure the expectations
of land developers. Clearly, any litigation instituted by the
developers here is doomed to failure from the outset, since the courts
are unwilling to overturn reasonable legislative decisions when
constitutional provisions are not, and cannot be, violated.
3714
City of Iowa City
MEMORANDUM
Date: February 14, 1985
To: Charles Schmadeke, Director of Public Works
From: James Brachtel, Traffic Engineer Yh
{ Re: Council Referral - Northbound Signal at Newton Road/Highway 6 &
218
j
j
i Recently the City Council inquired about deactivating the northbound
traffic signal at the intersecrinn of Newton Road/Highway 6 & 218 during
i the reconstruction of the Iowa Avenue bridge. This would allow northbound
vehicles in the right lane to have a green light at all times.
DISCUSSION: The proposed deactivation of the northbound signal would
display a green light at all times for northbound traffic in the east lane
of Highway 6 & 218. The light would remain green when Newton Road was
given the green light and north and southbound traffic would normally
receive a red light.
Vehicles that were turning right from Newton Road could continue to do so
safely. However, vehicles that were turning left to go north on Highway 6
& 218 could be in a lane conflict with northbound vehicles on Highway 6 &
218. These left -turning vehicles occasionally encroach into the right lane
of the northbound Highway 6 & 218. In the absence of a red light,
northbound vehicles on Highway 6 & 218 would be continuing straight ahead
at speed. The resulting .condition could cause severe side swipe acci-
dents. The proposed change would create an unsafe condition.
RECOMMENDATION: Based on the discussion above, I recommend the proposal
not be implemented. The proposal would reduce the safety of the intersec-
tion's operation. Should you have additional questions or comments,
please don't hesitate to contact me.
bdwl/6
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City of Iowa City
MEMORANDUM
DATE: February 12, 1985
TO: Neal Berlin, City Manager, and the City Council
FROM: The Housing Commission
RE: Funds allocated for Congregate Housing
The following is an extract from the minutes of the Housing
Commission meeting held today, February 12, 1985.
The Housing Commission was provided information from the
January meeting of the Committee on Community Needs at which
time it was recommended to Council that $60,000.00 in funding
previously allocated for Congregate Housing be withdrawn and
reallocated.
The Housing Commission discussed this subject and believe that
it would be premature to divert these funds at this time. It
is their consensus that Congregate Housing is one of the top
priorities and without these funds the project could be put on
hold, thus jeopardizing the original priority. It was moved
by Dawson, seconded by Trevor and approved 4-0 that until
such time as the Congregate Housing study has been completed,
funds which had been set aside specifically for Congregate
Housing not be reallocated.
3780
League of Women Voters of Johnson County
P.O. Box 2251, Iowa City, Iowa 52244
January 3, 1985
Tos Johnson County Local Governments,
Business and Civic organizations
Ret Public Meetings with State Legislators
The first public meeting with our area legislators will be
Saturday, January 26, 1985
9130 to 11,30 AM
Iowa City Chamber of Commerce office
109 E. Burlinton St.
The Chamber of Commerce is joining the League of.Women Voters
in sponsoring the January meeting. These meetings are informal.
Every one is welcome. People are urged to come and go during
the two hours as their schedules permit. We hope you will
extend the invitation to your associates.
These meetings afford the legislators and us, their constituents,
a chance to discuss what is happening in the legislature. Our
views and ideas, given as groups or individuals, are necessary
to our legislators.
Subsequent meetings are scheduled for Saturday morningst
February 23
March 23
April 27
Meeting places will be announced.
Sincerely youarss,��`','Y—/
Ann Feddersen, LWVSC, Legislative'•
Naomi Novick, LWVJC,•President
.979
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League of Women Voters of Johnson County
P.O. Box 2251, Iowa City, Iowa 52244
January 3, 1985
Tos Johnson County Local Governments,
Business and Civic organizations
Ret Public Meetings with State Legislators
The first public meeting with our area legislators will be
Saturday, January 26, 1985
9130 to 11,30 AM
Iowa City Chamber of Commerce office
109 E. Burlinton St.
The Chamber of Commerce is joining the League of.Women Voters
in sponsoring the January meeting. These meetings are informal.
Every one is welcome. People are urged to come and go during
the two hours as their schedules permit. We hope you will
extend the invitation to your associates.
These meetings afford the legislators and us, their constituents,
a chance to discuss what is happening in the legislature. Our
views and ideas, given as groups or individuals, are necessary
to our legislators.
Subsequent meetings are scheduled for Saturday morningst
February 23
March 23
April 27
Meeting places will be announced.
Sincerely youarss,��`','Y—/
Ann Feddersen, LWVSC, Legislative'•
Naomi Novick, LWVJC,•President
.979
Biologists alarmed by plans
for power from Iowa rivers
By LARRY STONE
RNOW owrw %~
Place to generate "dead' electric
power by haroaala9 the energy of
laws's rives have alarmed flaherW
biologists.
With studies under, way or hydro-
power development planned at about
10 existing dams on the Mississippi
and other riven, biologists feu the
state's stream quallty and fish popda.
tion could be Jeopardized.
"We're darned concerned aboat ll,"
ald Tom BoLhd of Belk'vm a fisher-
ies research biologist for the Iowa
coosffntiou commit" Boland is
studying the potential hydro -power
impact at eight MWIssippt River
locks and dams. -
Hydto-power plata at more than d0
dams on smaller rives ako could af-
fect fteb In those streams, said Jim
Mayhew, Bsb sin sspeintadest for
the cousernlion camndgim
With fears about the safety of nucle-
u power and concerns over add ran
and other pollutien Iron fase0 feel
pads; may psopk vlew hydro•pow•
eras a idol energy acne. Boland
sold. What could be harorlel abet
capturing the energy from water that
is flowing through an existing amt
Problems Not Obvious
But then ver eovkom=al prob-
leuu — am though they may ad be
obvious to the aenel observer, Bolacd
said.
"Had of the damage you can't see
— It's to the aquatic resource," he
said.
When a river Rows through turbines
that tun electric gematom the ma•
chicer7 aha energy from w water
sad may redirect the now. Boland a•
plainest That cis change the eharea
terivtia of the current and bottom
IM TNi::*
OPE
and possibly affect the fish and the
small aquatic organisms they feed on.
H a major part of a river is directed
through turbines, Mayhew added,
many, fish may be hilted by procure
changes or the turbine blades.
The turbines also could hinder fish
movemata,.Wybew uld. In some
species, each u walleye, white bars
and dr m, Juvenile flab drift with the
arrant. Turbines could hill many of
those tiny fish, be said.
S aqw. ankh, sturgeon and other
species often migrate long diatom
to spawn, Mayhew said. Hydropower
turbines might be a barrier to their
movements, threatening tb& sanly
al.
Water Level Worries
H hydropower plants affected
water levels, the fluctuations ala
could prevent reproduction In some
fish spades, be Wd.
Finally, turbines aro likely to affect
the flow patterns in tatlwaters of locks
sort dams, which an some of the but
fhblog arm in w Midwest, Mayhew
SIA
But an acs seems to know for sue
bow severs the peablm will be. Blaf-
ogaa agree that acme large hydro-
pow
ydropony projects on mountain streams
in w wam states have ""rely
damaged fish populations then, but
thWr* Out are H those conditions aro
DAMS
Please turn to Pape SB
1. S
111167-11
Continued from Pape IB
applicable to warmse, alewerfiowiq
Wdweatao watts.
"J oaf about any question you souk,
we don't rally know," Boland old.
_"AB we nam do la gas"
Tom Hayden, to agaeer with
ShivwBsttery agloeem of Davao -
part, sold W show of gtopoaed by,
dro-power projsea at dams at 1,& -
Claire and Dabsgse have load sou
Imurmoatable environmental peat
kms. Hayden Bald be's berm washing'
with lows Conservation Commission
and Ion Water, Ate and Wade Wo-
agement Commission officials to
rmwstns aw rgpacae
and to led@& meanies to compso-
ala for any Ooh Iowa
8111gy Wore Permit
Bill Owns, river bdo coordinator
with the Water, Air and Wade Yea
agement OommWon, aY that apo-
cy, with help from the conservation
commleW16 food dudy avlrmmeo- .
tal factors before iaeaing the water
ga1Hy permit +a1 hdro pant will
nerd to operate.
"The standard for water gaafity,
certiflatlen is qulta high an the MIs-
dulppi banana of the importance of
that wares tow date," Crews
Wel.
State officials also an naptlittng
with Federal Energy Regulatory
Commission officials to make avl•
renmanW stipulations a pact of the
federal BONN ceded by any hydro
—S rieptics also question the new and
economic feasibility of hydro power
plats. The shortages of the early
1970s have given way to power sur—
plane family, following coeserva•
Una measure, decreased power de.
mand and constrection of new
gerUK
� as 11 �bydeoapant an a stream,
oroducaa a few hundred kilowatts,
am which Is studying plants at 418111
dam"
,ago
I
DES MOINES SUNDAY REGISTER ■ FEBRUARY 10, 19
REGISTER MAP 0Y LOREN OOPPENOEPG ,
10deasbdyMailed far hydre pawerlradRx'da.
for
Need for more capacity ecast
The 111 -megawatt plant Hayden's
edrates DOW nuke the Pints look At -
firm proposes for I.ock and DRrn 11 at
tractive to investors, even with low
Dubuque would cat about $60 million,
Power demand.
Firms that produce power from
Mall
But Baydeo noted that utilities are
small hydro planta bah A guaranteed
forecasting tM sed for more goner-
market for their electricity, Wanks to
state and federal laws and an IOWA
ating capacity, by the erly 19909 —
about the dens who some of the pro-
Commerce Commission tale requiring
p�hTdro[+ might bedho Opera.
utilities to buy power from hydro
tia8evralMmallbydropints might
IoeateH the nasi fr A larger foail
Plants-Bolaacknowledged the attrar
tadrnadarplasb Haydaaid
- ,%WtAgaiad
Bvess of hydro power u a mean to
prevent Wltue energy shortages.
_ pails an sayieg
TwtAdon't boM"bydro pints, Ray.
certainly would a to my
dm sold. "Bet we need to sou to the
p wervetshelddown," said.
e urged a nohow approach to hy-
the renewable re-
use= atwebest of Our Y Hydro power in
droPower development -
the Ing = would M "a darned good
.
"1le'n ant entirely against hydro
power Boland said, "hal we certalo-
yH
I nlb,M WL and
• ly don't want It developed at thee:-
_
— pease of to fasMly.,'
Ca~1 our litems lain
Craws WSW that smliment. " Da
But Beyda Redid the economics of a
vdopen Mould bear We risk of the
. hydro plat "are koq coullegent an
damage," M RAW. 17M river is too
Interest rata" ROIAUvaly low inter.
much to gamble with"
zoo
OMAN
34 THE WALL STREET JOURNAL FRIDAY, FEBRUARY 8, 1985
POLITICS AND POLICY
In Erie, Pa., Officials and Residents Are Afraid
President's Budget Plan Could Devastate Cities
BY LWVA M. WAsxn+e .
And Tmomv D. Sctnwumr
SWflttwnenoPens Wwu Sn Jouu"
ERIE, Pa. -In city hails acme the
country, President Reagan's fiscal 1996
plan to trim the deficit Is being dubbed the
"Slasher Budget" Municipal leaders and
residents In this aging Industrial city of
119,060 quickly can tell you why.
As many here see It the president's
budget proposals threaten vital programs:
a multimillion dollar waterfront develop•
ment project along lake Erie, a seaorcit-
ittns program. three recreation centers,'
day -cam and health d1nin-even the local
philharmonic orchestra.
For many individuals, these programs
offer modest but Important services. For
example, Josephine Drzewlecld, a 67—
old blind widow, worries that she won't get
any help to insulate her federally soba•
dlzed apartment She says, "I put the they
mostat on 78 degrees, but It is antually 53
degrees In the house which hu Cement
Bents,"
Florence Stanldesdcr, a 6Fyettrold dla-
belie with high blood pressure, says she
and her polio stricken husband would not
be able to afford the local private hospitals
If her clinic Is closed. "I don't know what
or eltntoato spending for energy eons et a•
lien, mass traaslt operating suhsidles, ur
ban parks, the Job Corps for youth, sewer
projects and arts pmgmlme Adminlstra•
tlm officials, to Justify the proposals, be-
lieve local governments generally are able
to pay for the programs they want to
keep,
Undoubtedly, Congress -as in Mr. Rea•
gan's first term -won't go along with all
the proposals for trimming domestic social
programs. Erie's congressman, RepubB-
can Thomas Ridge, for one, says, "I think
the president has set the theme of deficit
reduction. But I don't think we're going to
use his formula to revise it"
In Erie, five -ter l-Democrstc Mayor
Iauls Toho contends the president's pro-
Posals would "devastate" his community,
leaving few alternatives but to hike local
tuer—bp about 16% to make up for -22.7
mWlori in last general revenue-sharing
funds, Thu would cost the owner of a 550;
000 home about 2511 In additional taxes. In
total, the city received an estimated f13
million lett year In federal ad, and nearly
belt came from programs threatened by
the latest budget plan..::
Dependent Cities
we would do. We have no money in the s+ A drive Um* ,Erie's downtown Wus•
bank. and little money canting- In," she. s lutes how dependent cities -especially in
says ...- _ . - • r, the Northeast -have become on federal
Yet most o(Hcials sat they realize the dollen in most years. At 4th and State
necessity of educing the massive federal streets, a four Lary building called the
deficit Some believe a lower deficit might '.cement monster" has been converted Into
obi In ur economic
this community.where effects of . part to a Sd create more a modemON, federal federal of Post grog' thanks e
1 giant Around the
� the deep recession still Bngee.:'But when . ; comer, *9 block of new red•b[fek town•
you start analyzing the effects those cuts' houses, 'Owned mostly by middle-income
�. Would have, that's a concern as well," says -residents, replaced crumbling and aban•.
' Donald'DlPlacido, executive director of doned dwellings, with the help of another
Bile's Chamber of Commerce. -- —•575,000 grant
Mayon throughout the nation contend -Two blocks away, In what was once a
the president's proposals single out cities seedy "Combat Zone" for prostitution and
j to beara disproportionate brunt a! the SS, . drugs, .ids the -Erie Insurance Ex•
button in spending cuts he seeb In -the its • cNheanelry's the
egnew emptoyert rs f r one
eth f
Cal Year beginning Oct. L.1"We have
clearly expressed ourwlBingnesstopartly of M million N federal funds, Even a
loate in that fdeficit•cuttlnel o,,e Dur car ride through downtown simls is
i preted as meaning we should bear the full
. responslbWty,' declares Cleveland Mayor
George VOLOOAch, president of the Na.
tlonal league of Cities..;, j•- 3;^'
BWjom at Stake
Besides scmpPing'the't3A billion In
funds that 39,000 ]Deal communities receive
under the general revenue•sbuirar oto
tressed urban areas, and _
the Economic DevelopmentAdmlnistradon _ Similarly, many small businesses, sev
dispenser annually to help communities at. eras rninorlty-owned, that have started
tract Industry' ' - bete the past two years wouldn't have
es to tot sh'arp1Y
In addition, he proposopened without the $3 million in loam and
say,
'New Pam benches and lights for
Square downtown also might not
been possible. :4-:%":
It weren't for &ban development
and other federal grants, much of
own'i rejuvenation wouldn't have
ned;' contends City Planner Dennis
other help tram the Small Business Admtn-
lstmtlon, anagency the president wants to
eliminate, community leaders say. (Sr
'Neve Jaycox, owner of the Hom of plenty
convenience store, one of Erie's largest
black -owned stores, says she probably
wouldn't be in business without technical
aid received from the SBA.
Community leaders worry about the to.
tum of the East Side Public Pier project
which will Include a marina, museum, res•
laurant apartments as well as expansion
of the dock along lake Erie. The rnul hat.
Bon dollar project. which will be heavily
dependent On federal holds, it the City's .
most ambitious project to boost tourism'
and downtown development .
For many residents, bawever. It is the
threat to current projects and services -
not future Ones -that should be the focus of
concern Elimination of federal roast trot
sit subsidies would force cutbacks in bus
service and a fare Increase to SS from 7s
,cents a ride, predicts Transit Chief
Thomas Burke. Erle gets S1.4 million of
such federal funds i year.-; - ..• .
re
An end to venue -sharing fords would
cost the city's police department 397. of Its
budget Elimination of the Job Carps pro-
gram Could end Job training for 360 Inner
city Erie youth annually. - ;.....:... -- •.
Some 464 low•income (ambles ane wait -
Ing to have their "World War D barracks
brought Into the modem age;' says John
Horan, the city's housing authority dime•
lot. Such houslnr•rebahllltalnn aid I.e
use
.. remen [ear knot a IOSI of uCi to the arts
would JeopartBu the 50•member phllhar.
-moat, the M911dent buret troupe, the
Museum of Art and an arts•WMucatlon
proCity officials contend they bam't boat
taxes substantially to compensate for lou
federal funds without facing a taxpayer re.
volt This Is the first year of the last eight
that Iota taxes haven't been raised �.:
But Pot everyone wrings their buds.
Thomas Hothttan, executive director of the
Erle Conference an Econondc Develop•
Ment, which represents major Industries
here, believes slashing the federal deficit
Is essential to revive focal economles such
as Erie's. He says the city should tighten
Its belt fu r sad perhaps contract out to
the private sector Such services as refuse
collection. :u=
Truman POIMM,"director of the Erle
County Geriatric Center, also Kinks reduc•
Ing the deficit should be of principal cm•
cem. "Later, Nose (federal) funds can be
put back to the people's use but now the
economic health of this country, is, a1tl�
cal," he says.
February 18, 1985
To the Mayor and
The Council of the City of Iowa City
Gentlemen:
I am writing this s.o.s. to you in the name of the property
owners on olive Court, Leamer Court and Marietta Avenue who are
about to be most adversely affected by your decision in case you
should not downzone the housing density in the Melrose Lake area.
Years ago we invested our hard-earned life's savings in
single family homes in a residential area which is now located on
the crater rim of a traffic volcano.
If the existing zoning plans would be realized, traffic en-
gineering studies estimate that up to 2,000 more vehicles will use
our streets which were originally built for light residential traf-
fic only, and have already for years been in a precarious condition.
The resulting high density car and truck traffic will inevitably
cause the total deterioration of our streets, the need for side-
walks, the loss of our residential family atmosphere and the de-
valuation of our properties.
In addition, such a development would impose unbearable
financial hardship on the local residents, most of whom are re-
tired, or about to do so, and therefore living on fixed incomes.
on Leamer Court, for example, fully 9 out of 15 families belong
to this categoryLl
It would seem unconscionable that so few unscrupulous de-
velopers should be allowed to jeopardize the quality of life and
devaluate the property of so many.
The argument of the "changing of the rules in the middle
of the game" (Councilman Zuber), pales in the moral twilight of
our deprivation by irreparable financial losses and by the de-
terioration of our family life. Our Community's life style is
at stake. And we hereby raise the moral issue of the ruthless
sacrificing of this life style to the financial interests of
the few.
We therefore respectfully request the Council to give
serious and empathetic consideration to our plight in your up-
coming deliberations and ultimate decision.
Respectfully submitted,
F L E 0 -".
J hn A. A. ter Haar
FEB 19 1985 4 Learner Court
University Heights
CITY CLERK
3ga
WILL J. HAYEK (16961963)
JOHN W. HAYEK
C. PETER HAYEK
C. JOSEPH HOLLAND
WILLIAM D. WERGER
HAYEK, HAYEK, HAYEK a HOLLAND
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 83340.5976
February 19, 1965
City Council of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: Williams' Melrose Lake Property
Dear Mayor and Council Members:
At your last meeting a question arose concerning
the status of Melrose Lake. This letter is intended
to try to address that question.
AREA CODE 519
337.9606
My clients have no intention either at the present
time or in the foreseeable future of substantially
altering Melrose Lake. The lake provides an important
amenity for the existing 30 unit's and also we believe
is an asset to the remaining undeveloped land. Substantial
alteration of the lake could generate additional drainage
problems as well as trigger regulatory controls, all
of which would make substantial alteration of the lake
very unlikely.
We cannot promise, however, that the lake will
never be altered in the future. Future owners including
present mortgagees may view the lake differently than
the Williams do. We fear that giving the City a binding
perpetual commitment to never drain or alter the lake
could reduce the market value of the property. The
Williams can hardly afford to do anything at this point
which might have the effect of reducing the market value
of their property.
It may also be necessary in the future to drain
the lake or lower its level temporarily in order to
make repairs to the outlet structure or things of this
sort. Secondly, some alteration and filling of the
shoreline or alteration of levels may be necessary to
accommodate new construction. We do not anticipate
that this would be significant.
In summary, the Williams can and do assure the
Council that they have no plans now or in the fore -
383
City Council
- 2 - February 19, 1985
seeable future to substantially alter or to drain the
lake. They cannot, however, give the Council a binding
and perpetual covenant not to do so. Please feel free
to discuss this with us further at your Council meeting.
Very truy yours,
_ .J-
R
DENNIS J. BALDRIDGE. DEPUTY
February 15, 1985
DANLHUDSON.ASSESSOR
OFFICE OF
Iowa Op
Citp 29565or
COURTHOUSE
P.O. BOX 1546
IOWACIT'.IA 52244
CAROLYN R. BURKE. DEPUTY
Dear Conference Board Member:
The meeting of the Iowa City Conference Board for the public
hearing on the Iowa City Assessors' FY 186 budget is scheduled for
Monday, February 25, 1985 at 6:30 P.M. at the Iowa City Civic Center.
Enclosed is the agenda and a copy of the January 14, 1985 minutes.
If you have any questions about the budget or anything else,
feel free to call me.
Sincerely,
Dan L. Hudson
Iowa City Assessor
DLH:dfg
enclosures
38�1
February 15, 1985
TO WHOM IT MAY CONCERN:
The Iowa City Conference Board will meet at 6:30 P.M. on
Monday, February 25, 1985 at the Iowa City Civic Center Council
Chambers. The purpose of the meeting is to hold a public hearing
on the Iowa City Assessor's proposed budget for FY 186.
AGENDA:
1. Call meeting to order by the Chairperson.
2. Roll call by taxing body.
3. Act on minutes of January 14, 1985 Conference
Board meeting.
4. Public Hearing on budget.
5. Adopt Budget.
6. Appoint Board of Review member.
7. Other business.
B. Adjourn.
Dan L. Hudson
Clerk, Conference Board
38'�
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February 15, 1985
TO WHOM IT MAY CONCERN:
The Iowa City Conference Board will meet at 6:30 P.M. on
Monday, February 25, 1985 at the Iowa City Civic Center Council
Chambers. The purpose of the meeting is to hold a public hearing
on the Iowa City Assessor's proposed budget for FY 186.
AGENDA:
1. Call meeting to order by the Chairperson.
2. Roll call by taxing body.
3. Act on minutes of January 14, 1985 Conference
Board meeting.
4. Public Hearing on budget.
5. Adopt Budget.
6. Appoint Board of Review member.
7. Other business.
B. Adjourn.
Dan L. Hudson
Clerk, Conference Board
38'�
280,
IOWA CITY CONFERENCE BOARD
JANUARY 14, 1985
City atntheeCivicoCeterJanMayorlJohn9Mc6onald presiding.
he Council Chambers
Iowa City Councilmembers Present: Ambrisco, Baker, Dickson, Erdahl, McDonald,
Strait, Zuber.
Johnson County Supervisors Present: Donnelly, Langenberg, Myers.
School Board Members Present: wooldrick.
Others Present: Hudson, Berlin, Karr, Helling.
Tape Recorded: Reel 85-07, side 1, 1-208.
Mayor McDonald stated that a quorum was present.
'the City moved to accept the minutes of the last Conference Ward meeting,
February 27, 1984, County seconded, and it was unanimously passed.
City Assessor Dan Hutson presented his proposed FY 186 assessor's budget.
Hudson stated that the salaries were increased 3% for the assessor and dep-
uties and 5% for the clerks.. Other changes in the budget were explained and
reasons given for changes.
some discussion was held about the increase in the appeals to court and
transferring the $40,000 from FY '85 to FY 186 so that the same $40,000 is
bi getedein the myears. 7hbe isspent, requif at because it is not known in which
fscal
oney will
The County moved to accept the proposed budget for publication and to set
a public hearing for the budget on February 25, 1985, at 6:30 P.M., at the
Iowa City Civic Center, it was seconded by the City. Mayor McDonald declared
the motion carried, 2/0.
the the
the public hearing oncFFeebrruuary1advertised and
25, 11985
Discussion was held about a policy of advertising future vacancies on the
Board of Review before the Conference Hoard meeting, so the 30 day advertising
requirement can be more easily satisfied. The City moved to allow the assessor
to advertise normal Board of Review vacancies before the first annual Conference
Board budget meeting. The County seconded and motion carried unanimously,
'Iwo new additions were requested for next years annual report, both dealing
with the exempt property listing. one was to add the University of Iowa
property to the report and the other was to further breakdown the types of
exemptions into their sub-catagories.
It was moved by the City, seconded by the County, to adjourn. Motion carried
unanimously, 2/0.
Dan L. son
Clerk, Conference Board
3g�
CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY. IOWA 52240 (319)356-500D
NOTICE
THE CITY CONFERENCE BOARD IS
CONSIDERING AN APPOINTMENT
i TO THE FOLLOWING BOARD:
I BOARD OF REVIEW
One vacancy - Six-year term
7 February 25, 1985- December 31, 1990
It is the duty of members of the Board of
Review to equalize assessments by raising
or lowering the individual assessments of
real property, including new buildings,
personal property or monies and credits
made by the assessor; to add to the assess-
ment rolls any taxable property which has
been omitted by the assessor.
This appointment will be made at the February
25, 1985, meeting of the City Conference
Board. Persons interested in being consid-
ered for this position should contact the City
Clerk, Civic Center, 410 East Washington.
Application forms are available from the Clerk's
office upon request.
N
39.5,
I
- CITY OF IOWA CITY -
ADVISORY BOARD/COMMISSION APPLICATION FORM
Individuals serving on Boards/Commissions play an important role in advising the
Council on matters of interest to our community and its future. Applicants must reside
in Iowa City.
The City Council announces Advisory Board/Commission vacancies 90 days prior to the
date the appointment will be made. This period provides for a 30 -day advertising period
and a 60 -day training period for new members. The training period allows new members to
become familiar with the responsibilities and duties of the advisory board/commission
before becoming a full voting member.
After a vacancy has been announced and the 30 -day advertising period has expired, the
Council reviews all applications during the informal work session. The appointment is
announced at the next formal Council meeting. Appointees serve as unpaid volunteers.
Council prefers that all applications must be submitted to the City Clerk no later
than one week prior to the announced appointment date. PLEASE USE A BLACK INK PEN.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR
THE PUBLIC. THIS APPLICATION WILL BE CONSIDERED FOR 3 MONTHS ONLY.
ADVISORYIBOARD/COMMISSION NAME Tc, SOAP A tl Y R 6LJIF,✓tFRM V& -vs.&
ADDRESS
Is your home address (listed above) within the corporate limits of Iowa City? 2k3 '/
OCCUPATION Se, C/F•QL Wo it k- �E
tia EMPLOYER VE7RANS AD N.NosR
PHONE NUMBERS: HOME Ac -.3/t- 33P—a j�?Z BUSINESS fI u r 0 /TF1 c
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALITY YOU FOR THIS POSITION:
rX /A
J
Wi 1. a- .- /. V i�4•L
WHAT CONTRIBUTIO DO YOU F L YOU CAN MAKE TO
Y
FOR APPLYING)? M,rA9/ g
BOARD (OR STATE
Specific attention should be directed to possible conflict of interest as defined in
Chapters 362.6, 403A.22 of the Code of Iowa. Should you be uncertain whether or not a
potential conflict of interest exists, contact the Legal Dept. Will you have a conflict
of interest? _YES NO
If
O
If you are not selected, do you want to be notified? YES g0
This application will be kept on file for 3 months. uu � L(; g�984
Febr ary
MARIAN K. KARR
CITY CLERK (3) 3 i?S
City of Iowa City
MEMORANDUM
Date: February 22, 1985
To: City Council
From: Marian Karr
Re: City Charter Amendments
In May of 1984 I sent a memo to the City Manager outlining specific concerns
I felt should be addressed by the Charter Review Commission. The memo was
forwarded to the Commission, discussed, and changes submitted to you January
14, 1985 as administrative recommendations. I do have a concern with one of
the recommendations.
Revisions in Sections 1.038 and 7.04D require space for a birthdate be added
to the petition, however, failure to give birthdate is not a basis for
invalidation of that signature. Commissioners noted previous initiative
petitions where some signatures were invalidated because the address of the
signator did not match the address on the voter registration rolls. The
Clerk's office was unable to certify that the person signing and residing at
one address was the same person registered at another. That problem, coupled
with others, resulted in the petitions being certified insufficient. The
Charter stipulates that "A. petition certified insufficient for lack of the
required number of valid signatures may be amended once if one or more of the
petitioners files a notice of intention to amend it with the City Clerk
within two days after receiving a copy of such certificate and files a
supplementary petition..." At no time since the Charter has been in exis-
tence has the petitioner not filed supplemental petitions containing enough
signatures to be certified.
The Committee has stated the birthdate information should be optional, but
petitioners should be told the birthdate may be needed to determine validity
of signatures. I think there would be confusion on what is required from the
petitioners and the signators. I have prepared the attached table to show
the proposed policy for verifying signatures on petitions if Council wishes
to proceed.
/sp
384
0
DRAFT 1/24/85
Policy m
X address listed X X YES
is different
from voter list
but within Iowa City
X address listed X NO
is different
from voter list
but within Iowa City
' I
i
I
** Must be accurate
+ May be needed to determine the validity of signatures
* Illegibility in any category could make validation impossible
i
SIGNATURE
ADDRESS**
DATE
OIRTNDATE+
COUNTED
EXECUTED
(optional)**
X
X
X
X
YES
X
X
-
X
NO
i
X
X
X
YES
X
-
X
X
NO
other than
Y
X
Iowa City
X
NO
E
X
other than
c
Iowa City
X
X
NO
*Illegible
X
X
X
NO
X address listed X X YES
is different
from voter list
but within Iowa City
X address listed X NO
is different
from voter list
but within Iowa City
' I
i
I
** Must be accurate
+ May be needed to determine the validity of signatures
* Illegibility in any category could make validation impossible
i
CITY OF IOWA CITY
CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319)356-500D
February 15, 1985
Mr. Bill Blough, Manager
Heritage Communications, Inc.
546 Southgate
Iowa City, Iowa 52240
Dear Bill:
I would like to take this opportunity to bring some problems to your atten-
tion that, because of the many things you have to keep track of, you may not
be aware of. I appreciate the prompt and cooperative attention we have
received in the past concerning potential problem areas and I hope these
problems can be dealt with in an equally prompt manner.
What I am referring to is some access equipment and/or access channel
problems that I have noticed and have had complaints about. Specifically,
they are as follows:
1. The portable cameras used for access channel production are not producing
adequate images. One of the portable cameras gives a video picture that
is sometimes half tinted green or purple. Neither of the portable
cameras can be properly white balanced for color, as neither of the white
balancing meters functions properly. The picture quality on these
portable cameras has diminished considerably over the past several
months, so that it is quite noticeable on Council shoots.
2. Vertical scan lines appear periodically on Government Access Channel 29.
This occurs only when video programming is being played back (never when
the character generator is on the channel). In addition, live Council
shoots are initially not viewable on some occasions. For instance, on the
last Council shoot of 2/12/85, the program was not viewable in some parts
of the community. In another part of the community the Council program
was viewable only if the tuning knob was precisely adjusted (at a
different setting than necessary to view other cable channel program-
ming). AT the Civic Center, while the shoot was in progress and later
after viewing the tape, there were no indications of such problems.
These problems, as I'm sure you're aware, cause Channel 29 to be much
less attractive to the Iowa City audience. Whether the problems are in
the modulator or lines I am uncertain, but I'm sure you will be as
interested as we are in resolving them,
3. Concerning the PVOM or portable switcher used in Council shoots, there is
a problem with the intercom system, so that it is difficult for the
Director to communicate with his or her crew. In addition, the wheels on
the PVOM transport box need to be replaced,
387
fir. Bill Blough, Manager
Heritage Communications, Inc.
February 15, 1985
Page 2
4. We are glad to see that you have purchased all the access equipment items
as detailed in the City/Heritage contract. However, there does seem to
be a continuing problem with the new studio cameras which I understand
have been inadequate and/or inoperable for an extensive period of time.
5. Finally, the film projector on the film chain has not been working, and
according to the BTC's resolution, this piece of equipment is one which
must always be available for community use. Either it should be re-
paired, replaced or a substitute found.
Once again, I thank you for your quick responses in the past. I would
appreciate a response from you within ten days detailing your proposed
solutions and the timeframe within which you believe these solutions can be
implemented.
Please feel free to call me or Mr. Drew Shaffer if you have any questions.
Sincerely, '
pfd /�I
W.O. "Bill" Tarry
BTC Chairperson
bdw2/2
cc: BTC
city Council
Drew Shaffer
Dale Helling
387
POLICE DEPARTMENT REPORT
January, 1985
Although cold and miserable during most of January, and
considering that slightly more than one-half of the city's
population was absent from the community for half of the
month, one would expect the number of requests for police
services to decline. However, conventional wisdom seldom
explains human behavior. Consequently, citizen requests for
police services rose considerably when January, 1985 is
compared to January, 1984. This year we received 2667 citi-
zen complaints, or requests for service and only 2486 last
year. However, most of the increase can be attributed to
parking violations, towed v-ahicles and the like rather than
to any great increase in criminal violations.
Arrests, tickets and citations also increased when comparing
the same time periods. In January, 1984 a total of 2963
arrests were effected or tickets and citations issued, while
a total of 3401 was recorded in January, 1985. One hundred
nineteen criminal arrests, including ten juveniles were
effected in January, 1985.
Training efforts included forty hours of in-service training
for about one-quarter of the officers of the Iowa City Police
Department. The remaining three-quarters will receive similar
training during February. The unique feature of the effort is
that this represents the first time that Iowa City Police,
Coralville Police, University Security, and the Johnson County
Sheriff's Department have all cooperatively participated in
the same in-service program.
Animal Control activities increased in January, 1985 as com-
pared to January, 1984, as did revenues. Requests for ser-
vice in January, 1985 increased by twenty-two over January,
1984, while revenues increased by about $700.00 in January,
1985 as compared to the same month last year.
Statistical reports are appended.
Heritage has
record profit,
banneryear
ffyGMZZRlaad
MANEGaAHAM
ansr. w w,re
Hedta2e Camornnlestim Ia., a
D" Moinwbaed Cable television
Compaq, sold raw operating m'
roma and at earflap hit all4lme
,kips in 104#.
lire were deailedlpl Increases;
he neeaea, jW operating
aatnlap for wm rata
10th m the atlan aenmp able esmpt
swim trmsof total es6sQdbrs.
Coeaolidated ravens" of 1120.0
MMIM repraled a 2S pin
Over $116.0 le1Mf.Op.
antis{ Income was cep >N percent to
116.6 m WI tram 112.6 minis in
M and atearaispwrerV22 pr-
em to 10.0 railings Is 19N from 19.4
mWien tie previoa y"r.
Itavaa for to eompay's aMe
to wwm opratlaa Pow 29 percent
Y IM WNW opraWtt leeeme tram
the ep awtloa fess M /rent The
Compaq served 04#;000 subscribers
In 14 wholly and partially owned
ayrtemt at the and of 1934, a 20 pt-
Yana,r:�u�aVeab>a p..u.m..
/r Hnear.'s, eole9lisd Bedtap made
aavral aogaWtloaf dada{ 1601, lo-
eladlytwolastaigamo rllyaHrled
rem" sad operating lel'amt Hat
no erelsdin ; gam from the warm -
6..i Im,Aneld said aoratUM Iwrame
as re" ray Yea prom
Pay as0etrlbsr db were 31902
'at the fed d 1984, a 21 percent In-
ersefearli f.
Heritage president Jam" Hak
aid Monday that bit aompup is =
M the mon tortauts able eompa-
idea that started arty is small ind
�esm�sl
proved bt"ove le a
adannawautata ,,
He acted that Heritage ramrs
— In the South BVI&& .
market bu jw 4#,f00 nab.
The metreputan Des
ablee muv4 m acteto the d that the largest
sedpuon mutation rate Y a dy ahead
so pareent In and COa'6fe have a lot
of mom for growth to those mutely"
sW Sub "We apt to be able to hit
-0, -r,--bbf tis —a d this Year."
3"
ONE
390
i
D.M. raises $8.2, million Saturn package
i �Iuct�obT_
•about
Meow swum
About pt mWbo br 6em pkidged
apoore to wee," told Homer, Peesidmt
antral Iowa's cLocn a land-
. to u fncrua package dslpad to
a w Dr Maines Devebgsat Cap.
lag the ptaat. "We're outaw b this
pat astral Iowa "in the ball game^
for Goaral Maas Cap.'s widely-
Ladrs a the ampat� rM ides-
matioe about the astral Iowa, or
game ^ hasoM
4A lot of tier yes irr Of 010136
' sough Saturn aaamoMk plant, bad-
ones Maden adonated M=
"Goldin C9rck" proposal was rat by
"press mail to GM officials Monday.
and they% go to an= other state and
we new am get a cbaoa to play In
71wmoseywouldbemedtobelpre-
114raamfortmruku"sm is
the gMILTbw"gtsoarrasWWI
locate GM employer who would
i more to aural Iowa ls Oe event GM
that GM hr said It would begin this
week to narrow the field of commmi-
tudty," Kipp, chairman of Iowa fle-
ally Co., said of Ora willog:xr b
chooses the arca as the Saturn aIle
ties making proposals for the Saturn
bear proposals for low& n the plant
In addltion to that hod, about $146
mWimhas been pledged byloallend-
car factory.
Ha,"wereallydm9knowwhmwe
cite. '
"Eves Hwedon't geethe plrt,^
on for a pool a mortgage len bees•
might bur bank from them. It m M
Rupp Sold, "ws've NO A manage
i Iagbelow4narkollateualrates. The
beawah,rltmuMbervralweeI
scrarth000atry:Wo*md000asie
mortgage money would be available
to GM employer "who world decide
before we really know what's going to
happr,7 Momey rid. •
devebpmeot In thin state."
TIO 18J rll%oa pindge fund ew
to buy homes In the central Iowa re-
General Motors expects to reach a
aided mos%yof ash promises, topped
SIM" Andrew Maadey, president of
deeWan on the Satan plat site in
by the Dr Molnaa Board 41 Raltare'
the Greater Ds Moles Chamber of
April. The plant, which ise:pse'Ied to
c mmitmrt of a mmimS amar ft
• Commerce, sold at a hews conference.
The entire package wrapped rep a
employ n workers, Is=
ano
the biggest economic development bo-
to a Hot compiled by the chamber of
commerce. The fund also Included
pledge drive that began less then a
o -ma in the country.
about $650,000 In "in-kind" contrlba•
t i=able-7N
week ago — a harry -up job that Rob-
William Knapp, who helped spear-
, ..
tine"nes, j
i at Hower called "amazing,"
bead the pledge-raWng drive to Des
service Irao Heritue_Comm_ula-
'"there W been an Incredible re-
Moines, said be la'very opdumW ,
Ins.
390
NECEIVF0FEB 19S85
LEGISLATIVE
rW
4,41c,101are,
4,41c,101l...sama
0013
ma Wkweeaw.m
BULLETIN
o.m..
t 16161 alaaael
First Session, Bulletin No. 3 February 1S, 1985
CONGRESS TO LIMIT IRS RULES
In response to widespread protests from city officials, legislation has beenintro-
duced in both the House and Senate to limit or reduce the provisions of IRS rules
on municipal vehicles.
In the Senate, S 381 has been introduced by Senators David Pryor (D -Ark.) and John
Heinz (R -Pa.). On the Home side, the companion bill HR 773 has been introducedby
Rep. Beryl Anthony (D -Ark.).
Both bills would ensure that public safety employees are not taxed on any use of a
specially equipped municipal vehicle. The legislation adds a new subsection tothe
Internal Revenue Code to provide that any use of a public safety vehicle shall be
treated as a working condition fringe benefit and therefore not taxable. Currently
there is no exemption under the IRS rules for law enforcement and fire officials.
City officials should contact their congressmen and senators and ask that to sup.
Pon the above-mentioned bills.
ONE MOVES TO TERMINATE IRIS
In one of the most serious threats to date to general revenue sharing, the Admin.
istration has directed the U.S. Office of Revenue Sharing to prepare to close its
doors and the ORS program by the end of September 1985.
This move signalled the intent of the President to eliminate the program as part
of his fiscal year 1986 budget proposal.
This action came at the same time that efforts were underway in the Home and
Senate to continue the program through 1991. Legislation had been introduced by
Sm. John Heinz (R -Pa.) and Rep. Frank Horton (R -NY). The Senate bill would con.
tinue the program through 1991, the Home bill through 1989.
This action has also raised a number of questions about the authority of the exe-
cutive branch to terminate a program which has beenapproved by the legislative
branch. It Is our understanding that the President intends to introduce legisla-
tion that calls for terminating the program one year ahead of its current entitle.
ment cycle.
Because a legislative course must be followed to terminate an entitlement program,
there will be additional opportunity to work against such legislation.
As of this printing we have no bill number. Please stay alert for further devel-
opments.
SIDEWALK LIABILITY BILL AGAINIII
Sen. Ed Holden(R-Davenpart) and 17 other senators have co-sponsored SF 167, an
Act relating to the responsibility for the removal of natural accumulations of
snow and ice from sldevalks. The bill amends the language passed last sassfonand
removes the specific references to "abutting property Omar" liability andprovides
that when a government entity is the abutting Omer of a sidewalk or when the gov.
ermsental entity undertakes the responsibility of the abutting property owner, it
(the city) cannot assign fault (for the purposes of tort action) if it is de.
termined that the governmental entity had complied with its policy or level of
service for the clearance of sidewalks.
The bill has been assigned to the Senate Local Government Committee and placed in
a subcommittee chaired by Sen. Jim Wells (D -Cedar Rapids). Other members of the
subcommittee are Senators A. Miller (D -Ventura) and A. Waldstein (R -Storm Lake).
(over)
3 9/
-2 -
City officials should contact members of the subcommittee and urge them not totake
any action on the bill. The League believes that the legislation passed last ses-
sion after two years of work is the appropriate solution to the problem and should
not be changed.
A similar bill, HF 172, has been introduced on the House side by Rep. Dale Cochran
(D -Eagle Grove).
WATER ALLOCATION PLAN PASSES BOTH HOUSES
SF 163, the bill that implements the recommendations of the state water plan, has
passed both chambers and has been sent to the Governor. Passage of the legislation
ensures that use of water for human consumption and municipal utility systems will
be given highest priority in allocation of water during any given state of emer-
gency.
HOUSE COW417TEE TO STUDY PUBLIC DEPOSIT LAW
House Study Bill 197 has been assigned to the House Local Government Committee for
consideration. The bill is similar to SF 138 which is presently under considera-
tion by the Senate Commerce Committee. However, the House version does not create
a state Investment pool but allows political subdivisions the same investment au-
thority as would be available under the pool provisions of the Senate bill. That
is, cities could invest in bankers acceptances, commercial paper rated to within
the two highest degrees of prime by at least one standard rating service and per-
fected repurchase 'agreements. The bill has been assigned to a subcommittee of
O'Kane, Chair; Greninga and Platt.
City officials should contact members of the subcommittee and urge early approval
of this legislation.
BILLS PROPOSE CHANGES IN PENSION BENEFITS
Numerous bills have been introduced on both the House and Senate side calling for
i adjustments or changes in pension benefits for active or retired mmben of both
(PERS and Ill pension systems, and benefit changes to spouses and family.
On the House side the bills include HF 80, HF 192, HF 202, If 234 and IIF 218. On
the Senate side the bills Include SF 31, SF 40, SF Sl, SF 131 and SF 177.
_ House File 218 by Peick (D -Cedar Rapids) would increase payments and pensions to
the spousesof members of the peace officers retirement system by several methods
including increasing the Imp arm payment under ordinary death from SO to 751 of
the average final compensation, increase the pension under ordinary death fromone-
fourth to three-eighths of the average compensation; increases the pension under
accidental death from one-half to three-fourths of avenge final compensation and
increases the panel= adjustment for the surviving spouse from one-half to three-
' fourths of the increase granted to a retired member.
Home File 202 by Running (D -Cedar Rapids) specifies the options of a beneficiary
of a deceased member of a fire or police retirement system and changes state lav
to conform to federal law relating to absentos from the fire or police departments
i for military service.
House File 192 by Shertan (D -Des Moines) allows members of fire and police retire-
ment systems and members of peace officers' retirement system who have completed 22
i years of service under the retirement system but who terminated employment priorto
reaching age SS to be eligible for the annual readjustment of pensions.
Senate File 34 by Hultman (R -Red Oak) increases the service retirement allowmceof
the members of a pease officers' retirement system by two percent of the ambers'
average final compensation for each year of service in excess of twenty-two before
the member reaches 55 years of age.
Senate Fife 131 by horn (D -Cedar Rapids) allows ambers of the IPERS system whosre
SS years of age or over to retire between July 1, 1985 and June 30, 1986 without
the penalty of early retirement.
I
Senate File 177 by Wells (D -Cedar Rapids) provides that the pensions of retired
' ambers of the peace officers' retirement system and local police and fire retlrs-
rant systems will be adjusted ming a uniform 33 1/3 percent of the salary increase
granted to an active member of the system of the same rank and position an the sal-
, ary scale as the retired member.
-3-
All of the above-mentioned bills have been assigned to the House or Senate State
Goverment Committees. All of the bills must be reviewed by city officials, espe-
cially your actuaries, to determine the financial impact on the pensions, adjust-
ments called for in each bill. This information must then be transmitted to your
state representatives and senators and the League office.
LOCAL OPTION PASSES FIRST COMMITTEE
House Study Bill 19S has passed the House local Government Committee on a 13-7-1
vote. Voting no were: Reps. Renken, Daggett, Hiller, Oxley, Royer, Black and
Hester. Voting to pass was Rep. Spear.
The bill would allow for the levying of a local wheel, income or sales tax follow-
ing approval by voters.
The bill will now be redrafted with amendments and be sent to the House floor. It
is expected that the bill will be referred to the House ways and Hearts Committee
because it deals with a tax issue prior to being debated by the full Howe. There
is also discussion that the local option bill would be folded into a tax package
bill that would call for another Is statewide sales tax to be used for sales in
replacement on machinery and equipment and interest writedown on farm loans.
BILL WOULD REQUIRE ALL CITIES TO ESTABLISH CIVIL SERVICE
Draft legislation has been prepared that would require all cities, regardless of
population, to create a civil service system and would require competitive exami-
nations for persons in non -supervisory positions who have served less than five
years to take civil service examinations. All appointive positions would be cov-
ered with the exception of those presently excluded in 400.6 of the Code.
If this were not enough, the fact that all cities would be under a civil service
system would also require them to create and establish and fund two separate pen-
sion and retirement systems for police and fire.
This is due to the fact that Section 411.2, Cade 1963, states that "in any city in
which the firemen or policemen are or shall be appointed under the civil service
law of this state ... them are hereby created and established two separate retire-
ment and pension systems for the purposes of providing retirement allowances........
The cost implications of this legislation is staggering and for many cities would
be an impossible burden to fund.
As of this date the only reference number we have an the bill is LSB 14275 and ap-
parently will be introduced by Sen. fail Husak (D -Toledo).
City officials need to contact their state senators ioamediatM by phone or letter
and clearly state your opposition to this legislation, Not only will it be aclear
mandate but a financial mandate that must be funded through increased property
taxes.
As soon as we have a bill file number, we will let you know. For the present, make
sure that Sen. Husak hears your objections and that your own senators knew of your
opposition to LSB 14275.
OPEN SCOPE - COLLECTIVE BARGAINING
Two bills have been introduced which would open the scope of negotiable itemsunder
Chapter 20.
On the House side, it$s HF 97 by Sherxan (D -Des Moines). This bill has been
Assigned to the House Labor and Industrial Relations Committee. The subcommittee
members are: Reps. Shenan, Bennett, Connors, Hermann and Running.
On the Senate side the bill is Senate Study Bill 147.
The House version expands the list of negotiable items to include payroll deduc-
tions, salary schedule, credit for compensatory time, job descriptions, promotion
procedures, preparation time, evaluation remediation, bargaining unit work, employ.
ee physical arms and fitness standards, early retirement and individual retirement
benefits, training and education benefits, criteria for staff reduction and recall,
discipline and discharge, health and safety matters which relate to minimum equip-
ment and staffing and payroll deductions.
The bili also provides that the employer or employee organitatfon may not refuse
to negotiate an the listed items and the listed items are given their ordinary
(war)
3 9/
me
meaning
Only state -mandated retirement systems are excluded from negotiations and the au-
thority granted merit employment and other political subdivisions is retained.
The Senate version strikes the scope of negotiations' section of Chapter 20 and
replaces the existing specific language defining the scope of bargaining with
general language setting the scope of bargaining to include hours and other terms
and conditions of employment.
The bill also allows parties to negotiate dues checkoff and payroll deductions for
ambers of the employee organization.
All other provisions of the bill are the same as HF 97.
It is our understanding .that the Senate Labor Committee will begin debate on this
issue prior to the House taking any action, however, all legislators should be
contacted now.
CITY MANAGERS' AUTHORITY
Legislation has passed the House Local Government Committee that raises questions
as to what authority a city manager would have relating to the appointment of a
police chief or fire chief in a civil service city. The bill, HF 30, by Speer
(D -Burlington) provides that the appointment authority would be specified by ordi-
nance. The bill does not address the authority already provided a city manager in
a council-manager form of government outlined in section 372.8(d). This section
reads in part "...take active control of the police, fire and engineering dapart-
mnts". Therefore, a potential situation could arise where the ordinance provides
for appointment of the police or fire chief by other than the manager but themana-
ger is to "have active control of the police and fire departments...".
CIVIL SERVICE BILL
SF 238, a bill rewriting Chapter 400 on civil service, has ben introduced by Sm.
David Readinger (R -Des Moines). The bill requires the city to adopt a personnel
ordinance assigning responsibility for adopting and administering rules governing
the system. The statute only provides the minimum procedures and guidelines and
leaves the specifies to be determined by local ordinance.
SENATE LOCAL OPTION TAY BILL
Senator Mike Gronstal (D -Council Bluffs) and eleven other state senators have in-
troduced SF 2SS, a local option tax bill authorising a broad base of tax options
for cities following referendum.
The bill will be sent to the Senate Mays and Mens Committee.
City officials should contact all members of the committee and urge early consider.
ation and passage of the bill.
The members of the committee are: Senators Palmer, chairman; Husak, Boswell, Brown,
Rruner, Dieleman, Gronstal, Mann, Rodgers, Hester, Holden, Molt, Gratias,Readinger
and Soorholtz.
BILLBOARD LEGISLATION AGAIN III
A bill has been drafted as a proposed transportation committee bill in the Senate
to require political subdivisions under certain circumstances to pay compensation
to owners of off -premise advertising devices.
The bill, Senate Study Rill 172, prohibits a political subdivision of the state
from removing, taking or causing to be removed or taken a lawfully erected off -
premises advertising device subject to control under Chapter 3068 or 306C without
paying just compensation to the owner of the device and to the owner of the real
property on which the advertising device is located if just compensation is ze-
quired to be paid under Chapter 23 N.S.C. sec. 131(g).
The bill would not apply to a device which is unlawfully erected, is being main -
gained in violation of section 306C.19 or hu been abandoned or not used for six
months.
39/
APPROPRIATIONS SUBCOM17TEES AT WORK
The majority of the time during the first four reeks of this session has been de-
voted to appropriations subcommittee meetings which have been holding hearings on
various state agenda and departmental askings for the nut budget year. Non&
these committees we the House and Senate State Government Appropriations Subcom-
mittees which have authority over the municipal assistance revenue which isdistri-
buted by the state comptroller.
Because of the tight budget situation at the state level, these subcommittees are
carefully scrutinizing all state appropriations including municipal assistance.
It is therefore important, especially in light of cutbacks in general revenueshar-
ing, that state municipal assistance not be reduced.
City officials should therefore contact all members of the Senate and Howe state
government appropriations subcommittees and urge them to continue to fundmusicipal
assistance at its full amount of 314.65 million.
Members of the committee are
SENATE HOUSE
Bill Oieleman, Chairman (0 -Pella) Elaine Buter, Chair (D -Burlington)
Jim Wells, (D -Cedar Rapids) Dan Fogarty (0 -Cylinder)
Tom Mann (D -Des Moines) Jack Hatch (D -Des Moines)
Forrest Schwengels (R -Fairfield) Dan Jay (D -Centerville)
Joy Coming (R -Cedar Falls) William Sullivan (D-Cantril)
Ward Handorf (R-Gladbrook)
Roger Halvorsen (R -Monona)
Janet Metcalf (R -Das Wines)
LOTTERY BILL PASSES HOUSE
The Iwo Howe has approved the creation of a state lottery on a 52-45 vote folloW-
ing two days of debate and agreeing to. spend pan of the new revenue to build a
world trade cuter.
Much of the debate focused on whether the lottery revenue should be wed toreplace
the sales tax lost by repealing the tax an machinery and equipment. However,dew-
crats argued that lottery "venues were too uncertain to finance the to breaks
and indicated they wanted a more "liable source of money for such a project. '
In addition to the trade center, other portions of the spending plan include:
... $10 million in community betterment funds that will
make Brenta and loans to city government for jot -
creating projects
... research money for agriculture and education
... outdoor "creation money
The House proposal is different from the Senate plan became it attaches an allo-
cation plan. The Howe proposal calls for the creation of a lottery agency this
spring with the first game an line by September of 1985.
The bill now returns to the Senate for consideration of the Howe mmendaents.
1 t a
.W
t_
i
.I
APPROPRIATIONS SUBCOM17TEES AT WORK
The majority of the time during the first four reeks of this session has been de-
voted to appropriations subcommittee meetings which have been holding hearings on
various state agenda and departmental askings for the nut budget year. Non&
these committees we the House and Senate State Government Appropriations Subcom-
mittees which have authority over the municipal assistance revenue which isdistri-
buted by the state comptroller.
Because of the tight budget situation at the state level, these subcommittees are
carefully scrutinizing all state appropriations including municipal assistance.
It is therefore important, especially in light of cutbacks in general revenueshar-
ing, that state municipal assistance not be reduced.
City officials should therefore contact all members of the Senate and Howe state
government appropriations subcommittees and urge them to continue to fundmusicipal
assistance at its full amount of 314.65 million.
Members of the committee are
SENATE HOUSE
Bill Oieleman, Chairman (0 -Pella) Elaine Buter, Chair (D -Burlington)
Jim Wells, (D -Cedar Rapids) Dan Fogarty (0 -Cylinder)
Tom Mann (D -Des Moines) Jack Hatch (D -Des Moines)
Forrest Schwengels (R -Fairfield) Dan Jay (D -Centerville)
Joy Coming (R -Cedar Falls) William Sullivan (D-Cantril)
Ward Handorf (R-Gladbrook)
Roger Halvorsen (R -Monona)
Janet Metcalf (R -Das Wines)
LOTTERY BILL PASSES HOUSE
The Iwo Howe has approved the creation of a state lottery on a 52-45 vote folloW-
ing two days of debate and agreeing to. spend pan of the new revenue to build a
world trade cuter.
Much of the debate focused on whether the lottery revenue should be wed toreplace
the sales tax lost by repealing the tax an machinery and equipment. However,dew-
crats argued that lottery "venues were too uncertain to finance the to breaks
and indicated they wanted a more "liable source of money for such a project. '
In addition to the trade center, other portions of the spending plan include:
... $10 million in community betterment funds that will
make Brenta and loans to city government for jot -
creating projects
... research money for agriculture and education
... outdoor "creation money
The House proposal is different from the Senate plan became it attaches an allo-
cation plan. The Howe proposal calls for the creation of a lottery agency this
spring with the first game an line by September of 1985.
The bill now returns to the Senate for consideration of the Howe mmendaents.
1 t a
.W
t_