HomeMy WebLinkAbout1984-11-20 Info PacketCity of Iowa City
MEMORANDUM
DATE: November 9, 1984
TO: City Council
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
November 12, 1984 Monday
HOLIDAY - CITY OFFICES CLOSED
November 13, 1984 Tuesday
NO INFOR14AL COUNCIL MEETING
November 15, 1984 Thursday
2:30 P.M. - Annual City Council Goal Setting Session
Holiday Inn - Iowa City, Johnson III Room
7:00 P.M. - Dinner - Holiday Inn
November 19, 1984
Monday
6:30 - 9:00 P.M.
Council Chambers
6:30 P.M. -
Review zoning matters
6:45 P.M. -
Recommendations from Urban Environment Ad Hoc Committee
Policy
7:10 P.M. -
CDBG Funding Decisions
7:45 P.M. -
Economic Development - Tax Incentives
8:10 P.M. -
Council agenda, Council time, Council Committee
Reports
8:25 P.M. -
Consider appointments to Resources Conservation
Commission -
November 20, 1984
8:30 P.M. -
Executive Session
November 20, 1984
Tuesday
7:30 P.M. -
Regular Council Meeting - Council Chambers
November 22 and 23,
1984 Thursday and Friday
THANKSGIVING
HOLIDAYS - CITY OFFICES CLOSED
November 27, 1984
Tuesdav
NO INFORMAL COUNCIL MEETING
�?-Z/P
City Council
November 9, 1984
Page 2
December 3 1984 Monday
6:30 - 8:30 P.M. Council Chambers
6:30 P.M. - Review zoning matters
6:45 P.M. - Recommendations from Riverfront Commission
7:15 P.M. - SPI Program Slide Presentation
7:25 P.M. - Council agenda, Council time, Council committee reports
7:40 P.M. - Consider appointments to the Housing Commission and City
Attorney Review and Selection Advisory Committee
7:45 P.M. - Executive Session
8:00 P.M. - City Manager's Evaluation - Six Month Review (Executive Session)
December 41 1984 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING LIST
Priority A:
Leasing of Airport Land for Commercial Use
Iowa Avenue Transformers (December 1984)
Priority B:
Duty/Procedure Changes - Housing and Inspection Services
Lower Ralston Creek Parcels - Use and Configuration
Congregate Housing Development Alternatives
Iowa Theater Type Problems
Northside Lighting Project Report
Housing Alternatives
Energy Conservation Measures Funding Program
Newspaper Vending Machines
Meet with representatives of Clear Creek Investment Co., and
First Capitol Development, Inc.
Unrelated Roomers - Proposed Zoning Ordinance Amendment
Kirkwood Avenue Signalization Study
City Plaza Fountain Barrier
Priority C:
Housing Inspection Funding Policy
Willow Creek Park Sidewalk
North Dodge/Old Dubuque Road Project
Appointment to Senior Center Commission - December 18, 1984
a.:Z /F
^amity of Iowa City's
MEMORANDUM
Date:
November 7, 1984
To:
City Council
From:
City Manager
Re:
Industrial Tax Abatement
Enclosed is information which I recently received from Ray Muston, President,
First Capital Development Inc., concerning possible adoption of industrial
tax abatement. Under state law, cities may provide for a partial tax
abatement for new industrial property for a five year period. Over the five
year period the abatement declines each year, beginning with 75% in the
first year, 60% in the the second, 45% in the third, 30% in the fourth and
15% in the fifth.
Some years ago the City Council discussed the abatement program and took no
action. However, as the attached list indicates, 73 cities in Iowa now have
adopted the tax abatement program. With such a large number of cities having
a program, the lack of a program in Iowa City does become an incentive for a
business to consider alternative locations.
At this time, Millard Warehouse is considering additional improvements for
its property in Iowa City and also is seeking a complementary business for an
adjacent site. Millard is interested in having Iowa City adopt the tax
abatement program, preferably before the end of the year so that their
recently completed new construction would be eligible for the program. A
representative of Millard will be present to discuss this issue with the City
Council at the informal meeting of November 19.
/sp
2217
RECEr',':`J ...: 3 1984
First Capitol Development, Inc.
P.O. Box 2567
(�f1 Iowa City, Iowa 52244
November S. 148
Neal Perlin
City Ilanager
Civic Center
Iowa City, Iowa 52241)
Dear Neal:
Enclosed are materials related to the tax abatement
questions raised by Tim Jacques and Lynn Nulhern of Millard.
They are very concerned about Iowa City initiative to pass
the authorized industrial tax abatement program. Both have
contacted me by phone within the past two working days.
Essential issues are as follows.
1. Hillard is aware of the benefit of state t= abatement
incentives because they are developing operations in
other Iowa cities as well as Nebraska.
2. Millard is considering expansion of their Iowa City
facility and is currently working to attract a firm
related to their Iowa City operation. Their continued
interest and success is contingent on incentives we
have in effect, particularly the tax abatement program.
,,. The tax abatement program applies only to industrial
construction and does not apply to commercial or
residential.
A. The average annual impact of the standard abatement
program applied to industrial construction in Iowa
City over the past five years is attached with the
covering memo to plannning staff.
5. Copies of ordinances passed in Cedar Rapids and
Council Bluffs are enclosed for your information.
6. The State tix abatement program has been approved
by city ordinances in 71 Iowa communities.
With a copy of this letter, I am recommending that the
property tax abatement recommendation be considered by the
First Capitol Board at our next meeting. It is, in my
judgement, a vital factor in our future development program.
a 491
First Capitol Development, Inc.
P.O. Box 2567
flfl Iowa City, Iowa 52244
USI
MEMORANDUM TO:
FROM:
SUBJECT:
Karin Franklin
Patt C in
Judson 'aske
ria•✓ Mus t
AttachedU�
November 1. 1984
Attached is a projection of the average annual investment
required over the past five years had we implemented the
state property ta:: abatement policy. In short, the average
annual cost for the five year period for new industrial
construction in 1980 would have been $4,000 for Iowa City
and $240 for Johnson County. The investement based an peak
industrial construction for 1981 would have averaoed $21:,030
per year in Iowa City and less than $501) in the county.
I would propose that the future comeptitive postion
resulting from property tax abatement would more than offset
the revenue foregone:. I should also note that these
estimates are conservative in that they do not adjust for
revenue already foregone as a consequence of the state
training program. The actual net investment to our local
government units will be substantially less as industries
take advantage of the training program option.
The state community marketing conference program is also
attached. I believe it would be instructive to participate
if for no other reason than to review our competitive
position relative to othr lava communities. I do plan to
attend.
Please let me know : I you hve questions
a ai9
I>_
ei l e: P Ta: Rey
Property Tax Abatement Model- Johnson CountYYlowa City
Assumed State Standard Tax Abatement Schedule
an New Industrial Construction:
!OVA CITY:
Industrial New Construction
Times Roll -back
Taxable Value
Times Nillage
Revenue Added
I
Five year total:
Year One(75%)
j Year Two46011
Year Three(4511
Year Four(307)
Year Five 415%)
Five year total:
Atatenent :nvesttent:
Ave. Annual investment:
JOBNSON COUNTY:
Industrial New Ccrstructicn
Tices Roll -back
Taxable Value
Times M!llage
Revenue Added
1980 1981 1982 19B3 1994
271140 1421680 !043900 659010 660560
1 .969619 1 .974567 .974567
271140 177,007 1043900 651595.0 643759.9
32.505 32.2B936 31.5021 27.6480! 27.64801
(1813.4051 44510.49 32885.04 18026.36 17798,68
44067.02 222552.4 164425.2 90131.83 89993.41
2203.351 1!127.62 9221.260 4506.591 4449.670
3525.362 11904.19 13154.01 72!0.546 1119.472
4947.373 24480.71 19096.77 9914.501 9799.275
6169.393 31157.34 23019.52 12619.45 12459.07
7491.394 378..37..91 279522.28 15322.41 15128.67
24236.96 122403.9 90433.86 49572.50 48946.37
19830.16 100148.6 73591.34 40559.32 40047.03
3966.032 20029.72 !4758.26 81!!.864 5009,407
10570 16930 !4620 39470 6740
1 .969619 1 974567 .474567
18570 16415.64 34620 37491.59 6568.591
28.50649 29.12153 28.07665 25.^9666 75.09666
530.951! 41,1.03! ?72,')131? °.e^.9 P.1 !ta.9494
Five
Year Tctal:
2654.255
2308.165
4860.069
4704.569
924.2472
Year
One(75%1
132.7127
!!5.4082
2:7.(024
?:`..2294
41.21236
Year
;wc!60%1
:12.3404
:84.653
-83.8'!5`.:':,:654
::.97979
Year
Three(452)
291.969!
253.8982
5 7.c'76
.'.5025
90.66721,
Year
F=17011
371.5957
323.1432
690.4097
:55.5396
!!S,Z94t
Year
Five(1521
451.2234
292.3992
825.2119
?9'.7766
140.!220
Five
Year Total:
1459.840
1269.491
2673.039
258?.512
457.3360
Abateeent investment!
1194,415
1039.614
2187.031
2!17.055
31^..112
Ave.
Annual Investcent:
238.8830
207.7345
43'1.4062
423.4111
74.48225
Page 1 .
Oct 31 114
-aaiy
0
4681,83
M/1383
57.
Storm Lake
58.
CITIES
1.
Adair
29.
Garner
2.
Albia
30.
Greenfield
3.
Ames
31.
Hampton
(resol. to consider)
b�.
c1tARa,cs eicy
(17.
32.
Humboldt
4.
Ankeny
70.
Pc-eay
71•
UAER
33.
Independence
5.
Belle Plaine
34.
Iowa Falls
6.
Belmond
35.
Knoxville
7.
Burlington
36.
Le Mars
8.
Carter Lake
37.
Leon
9.
Cedar Rapids
38.
Marion
10.
Centerville
,
39.
Marshalltown
11.
Chariton
40.
Mason City
12.
Cherokee
41.
Mount Pleasant
13.
Clarion
42.
Muscatine
14.
Clinton
43.
Nevada
15.
Conrad
44.
Northwood
16.
Council Bluffs
45.
Osage
17.
Cresco
46.
Osceola
18.
Creston
47.
Ottumwa
19.
Davenport
48.
Rock Valley
20.
De Witt
49.
Sac City
21.
Dubuque
50.
Sheldon
22.
Dyersville
51.
Sibley
23.
Eagle Grove
52.
Sigourney
24.
Emmetsburg
53.
Sioux Center
25.
Estherville
54.
Sioux City
26.
Fayette
55.
Spencer
27.
Fort Dodge
56.
Spirit Lake
28.
Fore Madison
0
4681,83
M/1383
57.
Storm Lake
58.
Tama
59.
Vinton
60.
Wapello
61.
Waverly
62.
Webster City
63.
Wilton
64,
Winterset
b�.
c1tARa,cs eicy
(17.
ba•
rco/tAH
m1RFELC
d9•
HUR465-MN
70.
Pc-eay
71•
UAER
7Z.IM
67-INF
1; •
C,wntes
aaly
1427A.13, PERSONAL PROPERTY TAX CREDIT
tion shall continue for each succeeding fiscal year. For
the fiscal year for which the ninth increase in the
additional personal property tax credit becomes effec•
tive am provided in this division, and for each succeed.
ing fiscal year, the total appropriation shall be sixty.
eight million dollars Per year. 1C71, 73, §427A.8; C75,
77, 79, 81, §427A,131
&Wa b in 144x2
221
427A.14 Computing debt limitations. For the pu
poses of computing all debt limitations for municips
ities, Political subdivisions, school districts and taxi,
districts with respect to any debt incurred or propom
to be incurred after July 1, 1973, the actual value ,
all Personal property as defined in section 427A
shall not exceed its actual value as of January 1, 197.
(C75, 77. 79, 81, 1427A.141
It4femd b In 14422
CHAPTER 427B
INDUSTRIAL PROPERTY—SPECIAL TAX PROVISIONS
R4aaed W In 1311.4m
DIVISION 1
INDUSTRIAL REAL PSrATF. MACHINERY. AND EQUIPMENT—
NEW CONSTRUCTION E%EMPDON
427B.1
Actual value added exemption from tax.
427B.11
public hearing.
427B.2
Zoning under chapter 358A.
427B.3
Period of partial exemption.
42713.4
Application for exemption by property
owner.
4278.5
Exemption may be repealed.
DIVISION 1
INDUSTRIAL REAL ESTATE, MACHINERY, AND
EQUIPMENT—NEW
CONSTRUCTION
EXEMPTION
4278.1 Actual value added exemption from tax.
public bearing. A city council, or a county board of
supervisors as authorized by section 4278.2, may pro•
vide by ordinance for a partial exemption from prop.
arty taxation of the actual value added to industrial
real estate by the new construction of industrial real
estate and the acquisition of or improvement to ma.
chinery and equipment assessed as real estate pursu•
ant to section 427A.1, subsection 1, paragraph 'e'.
New construction means new buildings and structures
and includes new buildings and structures which are
constructed as additions to existing buildings and
structures. New construction does not include recon•
struction of an existing building or structure which
does not Constitute complete replacement of an exist•
ing building or structure or refitting of an existing
building or structure, unless the reconstruction of an
existing building or structure is required due to eco•
nomic obsolescence and the reconstruction is neces•
sary to Implement recognized industry standards for
the manufacturing and processing of specific products
and the reconstruction is required for the owner of the
building or structure to continue to competitively
4278.6 Dual exemptions prohibited.
4278.7 to 4278.9 Reserved.
DIVION 11
SPECIAL VALUATION FOR IS
AND COMPUrERS
4278.10
Properly subject to special valuation.
427B.11
Assessor duties.
4278.12
Reimbursement.
4278.13
Appropriation.
42711.14
Property not eligible.
manufacture or process those products which deter•
mination shall receive prior approval from the city
Council of the city or the board of supervisors of the
County upon the recommendation of the Iowa devel•
opment commission. The exemption shall also apply
to new machinery and equipment assessed as; real ca•
late pursuant to section 427A.1, subsection 1, para.
graph 'e*, unless the machinery or equipment is part
Of the normal replacement or operating process to
maintain or expand the existing operational Status.
The ordinance may be enacted not less than thirty
days after a public hearing is held In accordance with
section 358A.6 in the case of a county, or section 362.3
in the came of a city. The ordinance shall designate the
length of time the partial exemption shall be available
and may provide for an exemption schedule in lieu of
that provided In section 4278.3. However, an alterna•
live exemption schedule adopted shall not provide for
A larger tax exemption in a particular year than is
Provided for that year in the schedule Contained in
section 4278.3. 1C81, §4278.1; 82 Acta, ch 1104, 1201
Rd,,,.d m in 14VB x 4nu], 47a4. 4nu m. 4nn.14
4278.2 Zoning under chapter 358A.
1. The board of supervisors of a county which has
appointed a county zoning commission and provided
for county zoning under chapter 358A may provide for
a partial exemption from property taxation of the ac•
tual value added to industrial real estate as provided
under section 4270.1.
4:;?42mL/9
T
I�
2207 INDUSTRIAL PROPERTY—SPECIAL TAX PROVtalONS, 1427B,10
2. The board of supervisors of a county which has
not appointed a zoning commission may provide for
a partial exemption from property taxation of the ac.
tual value added to industrial real estate as provided
under section 4278.1 in the following areas:
a. Outside the incorporated limits of a city to
which a city has extended its zoning ordinance pursu.
ant to section 414.23 which complies with the city's
zoning ordinance.
b. Outside the incorporated limits of a city which
has adopted a zoning ordinance but which has not
extended the ordinance to the area permitted under
section 414.23 if the property would be within the area
to which a city may extend a zoning ordinance pursu.
not to section 414,23.
c. Outside the incorporated limits of a city which
has not adopted a zoning ordinance but which would
be within the area to which a city may extend a zoning
ordinance pursuant to section 414.23.
3. The board of supervisors of a county which has
not appointed a zoning commission may provide for
a partial exemption from property taxation of the ac-
tual value added to industrial real estate m provided
under section 4278,1 in an area where the partial ex-
emption could not otherwise be granted under this
chapter where the actual value added is to industrial
real estate existing on July 1, 1979.
To grant an exemption under the provisions of this
section, the county board of supervisor shall comply
with all of the requirements imposed by this chapter
upon the city council of a city. 1C81, §427B.2; 82 Acts,
ch 1104,121-231
M.14M is b 142711.1.42111.14
427B.3 Period of partial exemption. The actual
value added to industrial real estate for the reasons
specified in section 4278.1 is eligible to receive a par-
tial exemption from taxation for a period of five year,
"Actual value added" as used in this chapter means
the actual value added as of the first year for which
the exemption is received, except that actual value
added by improvements to machinery and equipment
means the actual value as determined by the assessor
as of January 1 of each year for which the exemption
Is received. The amount of actual value added which
is eligible to be exempt from taxation shall be as fol-
lows:
o. For the first year, seventy-five percent.
b. For the second year, sixty percent.
c. For the third year, forty-five percent
d. For the fourth year, thirty percent
e. For the fifth year, fifteen percent
This schedule shall be followed unless an alterna-
tive schedule is adopted by the city council of a city
or the board of supervisors of a county, in accordance
with section 427B.1.
However, the granting of the exemption under this
section for new construction constituting complete re-
placement of an existing building or structure shall
not result in the assessed value of the Industrial real
estate being reduced below the assessed value of the
Industrial real estate before the start of the new con-
struction added. [C81, 1427B.31
Pef.m 4o u 147711.1, 4V&14
4278,4 Application for exemption by properly
;L owner. An application shall be filed for each project
resulting in actual value added for which an exemp-
tion is claimed. The application for exemption shall be
filed by the owner of the property with the local asses.
sor by February 1 of the assessment year in which the
value added is first assessed for taxation. Applications
for exemption shall be made an forms prescribed by
the director of revenue and shall contain information
pertaining to the nature of the improvement, its cost,
and other information deemed necessary by the direc-
tor of revenue.
A person may submit a proposal to the city council
of the city or the board of supervisors of a county to
receive prior approval for eligibility for a tax exemp-
tion on new construction. The city council or the
board of supervisors, by ordinance, may give its prior
approval of a tax exemption for new construction if
the new construction is in conformance with the zon-
ing plans for the city or county. The prior approval
shall also be subject to the hearing requirements of
section 427B.1. Prior approval does not entitle the
owner to exemption from taxation until the new con-
atruction has been completed and found to be quali-
fied real estate. However, if the tax exemption for new
construction is not approved, the person may submit
an amended proposal to the city council or board of
supervisor to approve or reject. IC81, §4278.4; 82
Acts, ch 1104, §24]
&hnM b in 11210.14
4278.5 Exemption may be repealed. When in the
opinion of the city council or the county board of
supervisor continuation of the exemption granted by
this chapter ceases to be of benefit to the city or coun-
ty, the city council or the county board of supervisors
may repeal the ordinance authorized by section
427B.1, but all existing exemptions shall continue
until their expiration. ]C81, §4278.51
Rekr n In 142711.14
4278.6 Dual exemptions prohibited. A properly
tax exemption under this chapter shall not be granted
if the property for which the exemption is claimed has
received any other property tax exemption authorized
by law. ]C81, §427B.6)
mot min 14270.14
4278.7 to 4271.9 Reserved.
DIVISION 11
SPECIAL VALUATION FOR MACHINERY AND
COMPUTERS
Salm. 40RIo is 42711.14 re.walr. 4o D,nmbr 31,1111; e2 A...e
Imo. in
4278.10 Property subject to special valuation.For
property defined in section 427A.1, subsection 1, par-
agraphs 'e' and acquired of initially leased after
December 31, 1981, the taxpayer's valuation shall be
limited to thirty percent of the net acquisition cost of
the property. For purposes of this section, "net acqui.
sition cost" means the acquired coal of the properly
Including all foundations and inatallation cost less any
excess cost adjualmenL
For purposes of this section and sections 427B.I I to
427B.14:
14270.10, INDUSTRIAL PROPERTY -SPECIAL TAX PROVISIONS
1. Property assessed by the department of reve-
nue pursuant to sections 428.24 to 428.29, or chapters
433, 434 and 436 to 438 shall not receive the benefits
Of this section and sections 4278,11 to 4278,14.
2. Property acquired on or before December 31,
1981 which was owned or used on or before December
31, 1981 by a related person shall not receive the bene-
fits of this section and sections 4278.11 to 427B. 14
3. Property acquired after December 31, 1981
which was owned and used by a related person shall
not receive any additional benefits under this section
and sections 42713.11 to 427B.14.
4. Property which was owned or used on or before
December 31, 1981 and subsequently acquired by an
exchange of like property shall not receive the benefits
of this section and sections 4278.11 to 42713.14.
5. Property which was acquired after December
31, 1981 and subsequently exchanged for like property
shall not receive any additional benefits under this
section and sections 4278.11 to 427B.14.
6. Property acquired on or before December 31,
1981 which is subsequently leased to a taxpayer or
related person who previously owned the properly
shall not receive the benefits of this section and sec-
tions 4278.11 to 4278.14.
7. Property acquired after December 31, 1981
which is subsequently leased to a taxpayer or related
Person who previously owned the property shall not
receive any additional benefits under this section and
sections 427B,1I to 427B 14.
For purposes of this section, "related person" means
a person who owns or controls the taxpayer's business
and another business entity from which property is
acquired or leased or to which property is sold or
leased. Business entities are owned or controlled by
the same person if the same person directly or (ndi-
WHY owns or controls fifty percent or more of the
meta or any class of stock or who directly or indirect.
ly has an interest of fifty percent or more in the owner-
ship or profits. 182 Acts, ch 1023, 920, 331
7Wan.d W In 142111.11, Ina 13, 4R&14
72d. mea. mlmWth to i;;;W 31. Ipal, fm proanY.auirM m
4...d Jur Wt d.u, 82 AM ch I023. 12M y
4278.11 Assessor duties. On or before July 1 of
each year, the assessor shall determine the taxpayer's
value of the property specified in section 4278.10 and
the value at which the property would be assessed in
the absence of sections 4278.10 to 4278.14, and report
the values to the county audltar.
On or before July 1 of the following year the county
auditor shall Prepare a statement listing for each tax-
ing jurisdiction In the county-,
2288
1. The difference between the assessed value of
property defined in section 427A.1, subsection I, par-
agraphs 'e' and j' and assessed pursuant to section
427B.10 as of January 1 of the preceding year, and the
value at which the property would be assessed in the
absence of sections 4278.10 to 4278,14,
2. The tax levy rale for each taxing jurisdiction
levied against assessments made es of January I of the
previous year,
3• The machinery and computer tax replacement
claim for each taxing district, which is equal to the
amount determined pursuant to subsection 1 of this
section, multiplied by the tax rate specified in subsec-
tion 2 of this section.
The county auditor shall certify and forward one
copy of the statement to the stale comptroller not
later than July I of each year.182 Acts, ch 1023, 921,
331
Thrurum n'rct.,I WMaecl.W 3I, 1991,Ba DWDMY 4ayui,.d w
MmN.lur Wt d.u: 92 AN,ca Is= 121, Mr ,
4278.12 Reimbursement. Each county treasurer
shall be reimbursed an amount equal to the machin-
ery and computer tax replacement claim for that
county determined pursuant to section 427B.1 1, sub-
section 3. The reimbursement shall be made in two
equal installment, on or before September 30 and
March 30 of each year. The county treasurer shall
apportion the disbursement in the manner provided
in section 445.57. [82 Acta, ch 1023, 622, 331
wr.ma W In H2ra.lo.4ne.n.4na.lM 4sre34
Thu ,orlon
4mk Jus
04
1 daw, 92 AWn,h IOU
31, Irsl, fa proanY.ryu4.d a
122. x2
42713,13 Appropriation. There is appropriated an-
nually from the general fund of the state to the at
comptroller on amount sufficient to carry out thepro-
visions of sections 4278.10 to 427B,14. 182 Acta, ch
1023, §23, 331
a.5nrd W W II^a.lo, 4rre.11, 4na.14
Th4 mml. Wl vlln W mmmb.r 31, 1991, fa proanY.au4.dm
Iw,d .fur Wt d.W:92 A.W, d, ImM 123.31
42713,14 Property not eligible. Property defined in
section 427A,1, subsection 1, paragraph, 'e' and 'j -
and assessed under sections 4278,10 to 4278.14 shall
not be eligible to receive a partial exemption under
sections 42781 t,4278.6. [82 Acts, ch 1023, §24, 331
lu4n.d W W 14rm.la 42m.t1. 4nats
ThL.. I O mtrmmiW ,mmbr 31. IB91, fm DroanY.ryu4.d m
le..rd
"I Out d.u: d22 Aeu, eA 1923,114.33
,;� any
IAC 8/15/84 Revenuej7301 Ch80,p.7
C730-80.6(427B) Industrial property tax exemption.
80.60) Authority of city council and board ofsupervisors. A partial exemption ordinance
enacted pursuant to Iowa code section 4278.1 shall be available to all qualifying property.
A city council or county board of supervisors does not have the authority to enact an ordinance
granting a partial exemption to only certain qualifying properties (1980 O.A.G. 639). As used
in this rule, the term "qualifying property" means property classified and assessed as real es.
tate pursuant to subrule 71.1(6) and warehouses and distribution centers. Warehouse means
a building or structure used as a public warehouse for the storage of goods pursuant to Iowa
Cade sections 554.7101 to 554.7603, except that it docs not mean a building or structure used
primarily to store raw agricultural products or from which goods are sold at retail. Distribu.
tion center means a building or structure used primarily for the storage of goods which are
intended for subsequent shipment to retail outlets. Distribution center does not mean a build.
C ing or structure used primarily to store rawagricultural products, used primarily byamanufac-
turer to store goods to be used in the manufacturing process, used primarily for the storage
of petroleum products, or used for the retail sale of goods.
80.6(2) Priorapproval. Only upon enactment ora partial property tax exemption ordinance
in accordance with Iowa Code section 4278.1 may a city councilor board of supervisors enact
a prior approval ordinance for pending individual projects in accordance with Iowa Code sec.
tion 4278.4. To obtain prior approval for a project, a property owner's proposal must be
approved by a specific ordinance addressing the proposal and passed by the city council or
board of supervisors. The original ordinance providing for the partial exemption does not
constitute the granting of prior approval for a project. Also, prior approval for a project
can only be granted by ordinance of the city council or board of supervisors; an official or
representative of a city or county does not have the independent authority to grant prior ap.
proval for a project. Ifis taxpayer has obtained a prior approval ordinance from a city coun-
cil or board of supervisors, the partial exemption cannot be obtained until the year in which
ail value added for the project is first assessed. (1980 O.A.G. 639).
80.6(3) Repeal of ordinance. Anew construction project having received prior approval
for exemption in accordance with subrule 80.6(2), shall be granted such exemption upon com-
pletion of the project even If the city councilor board of supervisors subsequently repeals the
ordinance passed In accordance with Iowa Code section 4278.1. (1980 O.A.G. 639).
80.6(4) Annexation of property previouslygranied exemption. A partial property tax ex-
emption which has been granted and is in existence shall not be discontinued or disallowed
In the event that the property upon which such exemption has been previously granted is lo.
cated in an area which is subsequently annexed by a city or becomes subject to thejurisdiction
of a county in which an ordinance has not been passed by the city council or county board
of supervisors allowing such exemptions within that jurisdiction. The existing exemption shall
continue until Its expiration.
C 80,6(5) Eligibillry for exenrprion.
a. The value added by new construction or reconstruction and first assessed prior to Janu.
ary I of the calendar year in which an ordinance authorizing a partial property tax exemption
becomes effective, and new machinery and equipment assessed as real estate acquired and uti.
lized prior to January I of the calendar year in which the ordinance or resolution becomes
effective is not eligible for exemption. However, thevalueadded asof January l ofthecalen.
dar year in which the ordinance becomes effective is eligible for exemption if the ordinance
is In effect prior to February 1 of that calendar year and if all other eligibility and application
requirements are satisfied.
EXAMPLE I: A SI,000,000 new construction project on qualifying property is begun in July
1984. 5500,000 in value of the partially completed project is completed in 1984 and first as.
sessed as of January 1, 1985. The project is completed in 1985 adding an additional value
of 5500,000 which is first assessed as of January I, 1986, bringing the total assessed value
or the completed project 10 51,000,000 as of the January 1, 1986 assessment.
A city ordinance authorizing the partial exemption program is passed and becomes effec.
tive January 15, 1987. This project is not eligible for a property tax exemption for any value
added as a result of the new construction project.
,R,; /y
Ch 80, p.8 Revenue 17301 IAC 8/15/84
EXAMPLE 2: Assuming the same factual situation as in Example I, except that the ordinance
authorizing the partial exemption program becomes effective
C
on January 15, 1986, the $500,000
in assessed value added as of the January I, 1986 assessment is eligible for the partial exemp.
tion if an application is filed with the assessor between January I and February I, inclusive, 1986.
EXAMPLE 3: Assuming the same factual situation in Example
as I, except that the ordinance
authorizing the partial exemption program becomes effective on February 15, 1986. Since
the statutory application filing deadline is February 1, no value added and first assessed as
of January 1, 1986 is eligible for a partial exemption. The project in this example would receive
no exemption for any value added as a result of the new construction.
This subrule does not apply to new construction projects having received prior approval
in accordance with subrule 80.6(2).
b. New machinery and equipment assessed as real estate shall be eligible for partial exemp.
tion only if used primarily in the manufacturing process. For example, computer equipment
used primarily to maintain payroll records would not be eligible for
exemption, whereas com-
puter equipment utilized primarily to control or monitor actual product assembly would be
eligible.
e. If any other property tax exemption is granted for the same assessment year for all or
any party of the property which has been granted a partial exemption, the partial property
tax exemption shall be disallowed for the year in which the
other exemption is actually received.
d. Only qualifying property is eligible to receive the partial property tax exemption (O.A.G.
#81.2.18).
e. A taxpayer cannot receive the partial property lax exemption for industrial machinery
or equipment if the machinery or equipment was previously assessed in the state of Iowa. In-
dustrial machinery and equipment previously used in another slate may qualify for the partial
exemption if all criteria for receiving the exemption
partial are satisfied.
f. Industrial machinery and equipment is eligible 10 receive the partial property tax exemp.
tion if it changes the existing operational status
r
other than by merely maintaining or expand-
ing the existing operational status. This rule applies whether the machinery and equipment
\
is placed in anew building, an existing building, ora reconstructed building. I f new machinery
Is used to produce an existing product more efficiently
or to produce merely a more advanced
version of the existing product, the existing operational status would only be maintained or
expanded and the machinery would not be eligible for the exemption. However, if the new
machinery produces a product distinctly different from
that currently produced, the existing
operational status has been changed.
80.6(6) Application for exemption.
a. An eligible properly owner shall file an application for exemption with the assessor
between January 1 and February 1, inclusive, of the year for which the value added Is first
assessed for tax purposes. An application cannot be filed If a valid ordinance has not been
enacted in accordance with Iowa Code section 4270.1 (O.A.G. #82.3.5). If an application is
not filed by February 1 of the year for which the
C
value added is first assessed, the taxpayer
cannot receive in subsequent years the partial exemption for that value added (O.A.G.
#82.1.17). However, if a taxpayer has received prior approval in accordance with Iowa Code
section 4270.4 and subrule 80.6(2), the application is to be filed by not later than February 1
of the year for which the total value added is first assessed
as the approved completed project.
b. In the even) that February I falls on eiilser a Saturday or Sunday, applications for the in.
dustrial property tax exemption maybe filed the following Monday.
c. Applications submitted by mail shall be accepted if postmarked on or before February I,
or in else event that February I falls on Saturday
either a or Sunday, a postmark date of the
following Monday shall be accepted.
80.6(7) Change in use of properry. If property ceases to be used as qualifying property,
no partial exemption shall be allowed as of January I of else year following the calendar year
in which the change in use lakes place or for subsequent years. if property under construc-
tion ceases to be constructed for use as qualifying
property, no partial exemption shall be al-
lowed as of January I of the year following the calendar year in which this cessation occurs.
IAC 8/29/84 Rcvenuej730j Ch 80, p.9
CHowever, such a change in the use of the properly does not affect the validity of any partial
exemption received for the property while it was used or under construction as qualifying
property.
This rule is intended to implement Iowa Code sections 4278.1 to 427B.6, as amended by
1984 Iowa Acts, Senate File 2043.
730-80.7(69CA,ch1023) Assessment of computer and Industrial machinery.
80.7(1) Machinery and equipment first acquired or leased after December 31, 1981, and
assessed pursuant to 1982 Iowa Acts, chapter 1023, is not eligible to receive the partial
property tax exemption. Machinery and equipment shall be considered to have been acquired
after December 31, 1981, if it is first assessed for taxation as of January 1, 1983, or a subse.
quent year.
C80.7(2) The assessment of property assessed under Iowa Code section 427A.1(I)"f' and
acquired or initially leased after December 31, 1981, is limited to thirty percent of the prop-
erty's net acquisition cost regardless of the classification of the real estate in which the prop.
erty is located.
80.7(3) For machinery and equipment and computers first leased after December3l, 1981,
the net acquisition cost shall be the cost at which based upon the terms of the lease and general
market conditions the property would have been acquired were it purchased instead of leased.
80.7(4) Computation of taxpayer's value. Assume a machine is acquired in 1982 at a net
acquisition cost of SI0,000 and that the acquisition qualifies for assessment under the new
statute. Assume also that the actual depreciated value of the machine as of January 1, 1983 is
$9,000. The value on which taxes would be levied would be limited to $3,000(510,000 x .30).
The state's reimbursement to local taxing bodies would be equal to the actual tax rate times
C $6,000 (the difference between depredated actual value and thirty percent of net acquisition
cost).
80.7(8) If all or a portion of the value of property assessed pursuant to Iowa Code sections
4278.10 to 4278,14 is eligible to receive an exemption from taxation, the amount of value to
be exempt shall be subtracted from the net acquisition cost of the property before the
taxpayer's value prescribed in Iowa Code section 417B.10 is determined. For any year for
which the property does not qualify for exemption, the taxpayer's value shall be limited to
thirty percent of the full net acquisition cost of the property. For example, if property has a
net acquisition cost of 530,000 and is eligible to receive a pollution exemption for SI5,000 of
value, the taxable net acquisition cost would be SI5,000 and the taxpayer's value would be
$4,500 015,000 x .30). The state would reimburse local taring districts for the tax not
collected on the difference between 54,500 and the depreciated actual value of that portion of
the property subject to tax.
C If after the ten-year pollution control exemption expires the property has not yet been
depreciated to thirty percent of its net acquisition cost, the taxpayer's value would Increase to
thirty percent of the full net acquisition cost of the property. Thus, In the example above, the
taxpayer's value would Increase to 59,000 030,000 x 3001s). The state's reimbursement would
equal the in not collected on the difference between 59,000 and the depreciated actual value.
80.7(6) In the event the actual depreciated fair market value of property assessed pursuant
to Iowa Code sections 4278.10 to 4278.14 is less than thirty percent of the net acquisition cost
of the property, the taxpayer's assessed value would be equal to the actual depreciated fair
market value.
This rule is Intended to implement Iowa Code sections 4278.10 to 4276.14.
80.8 Reserved
730-80,9(161,441) Forest and fndl-Iree reservations,
80.90) Deternrinariattofeligil,il0J.forevenrption. Inaeouniyhavingocounlyconserva-
lion board, the board shall inspect property for which an application for exemption as a forest
or fruit -tree reservation has been filed, and recommend to the appropriate assessor whether
the exemption should be allowed. The assessor shall assess or exempt such property based
";? R/y
VI1Y In N,L[ nVr 4J I I
AN ORDINANCE amending Title II of the 1980 Municipal Code of Council Bluffs,
Iowa, by adding thereto a new Chapter to be entitled "Partial Property Tax
Exemptions For Industrial Property", relating to partial property tax exemp-
tions for Industrial property on which Improvements have been made, providing
A schedule of tax exemptions, and setting forth the procedure to obtain same.
BE 1T ENACTED BY TME CITY COUNCIL OF THE CITY OF C UNCIL BLUFFS, IOWA;
SECTION I That Title II of the 1980 Municipal Code Of
be, and the same is hereby amended by adding thereto the following fnew Chapter
to be Codified as Chapter 2.06 entitled "Partial Property Tax Exemptions For
Industrial Property" as follows:
Chapter 2.06
"Portia] Property Tax Exemptions For Industrial Property"
Section 2.06.010 DEFINITIONS;
(a) "New Construction" means new buildings and s ructures and includes
new buildings and structures which are constructed as Jditlons to existing.
buildings and structures. New construction does not include reconstruction of
an existing building or structure rlplch does not constitute complete replace-
ment of an existing building or structure or refitting of an existing building
or structure, unless the receastructlon of an existing building or structure
Is required due to economic obsolescence and the recon[ ruction H necessary
to Implement recognized Industry standards for the menu acturing and proces-
sing of specific products and the reconstruction is re fired for the owner of
the building or structure to continue to conpetively m iufacture or process
those products, which determination shall receivep rlo a
Council*upon the recommendatlen of the Iowa Develoapproval the City
pment Cpmmisslon.
(b) "New Machinery and Equipment" shall mean new rachinery and equlpment
ass a I sed as real estate pursuant to 5ect ion 427A. 1, Subsection I, Paragraph e,
of the Iowa Code unless the machinery or equipment is part of the normal
replacement or operating process to maintain or expand sisting operational
i
status.
(e) "Actual Value Added" means the actual value aided as of the first
year for which the exmmptlon is received, except that actual value added by
Improvements to machinery and equipment means the acturl value as determined
by the •&lessor as of January 1st of each year for whl I the exemption is
D
Section 2.06.020
The City Council declares It to be the Intention of this ordinance to
provide for a partial property lax exemption for actual value added to Indus-
trial real estate by the new construction of Industrial real estate and the
acquisition of or Improvement to machinery and equipment assessed as real
estate pursuant to Section 427A.1, Subsection 1, Paragraph e, of the Iowa
Code as set forth In Mouse File 650 of the 68th General Assembly of the Iowa
Legislature.
Section 2.06.030
The amount of actual value added which is eligible to be exempt from
taxation that be as follows: ,
(a) For, the first year, seventy-five percent.
(b) For the second year, sixty percent.
(c) For the third year, forty-five percent.
(d) For the fourth year, thirty percent.
(a) For the fifth year, fifteen percent.
After the fifth year there shall be no exemption and the granting of
the exemption hereunder for new construction constituting complete replace-
ment of an existing building or.svucture shall not result In the assessed
value of the industrial real estate being reduced belay the assessed value
of the Industrial real estate before the start of the start of the new con-
struction added.
Section 2.06.040
An application shall be filed for each project resulting In actual value
added for which an exemption is claimed. The application for exemption shall
be filed by the Omer of the property with the local assessor by February ]at
of the assessment year in which the value added Is first assessed for taxation.
Applications for exemption shall be made on forms prescribed by the Director
of Revenue and shall contain Information pertaining to the nature of the Im-
provement, Its cost, and other Information deemed necessary by the Director of
Revenue. r
Sect] on 2.06.050 a
A person may submit a proposal to the City Council for prior approval for
1 eligibility for a tax exemption on new construction. The City Council may by
r'
J I
' aai9
Jlnance live Its prior approval of a tax exempt len for new Construction If
the new crostructlon is in conformance with the zoning plans for the City and
after public hear Ing by law provided. Such prior approval shall not entitle
the Owner to said exemption until the new,crostruction has been canpleted and
found to be qualified real estate. However. If the tax exemption for new con-
struction Is not approved, the person may submit an amended proposal to the
City Council to approve reject.
Section 2.06.060
This ordinance may be repealed by the City Council when In Its opinion
continuation of the exemption granted ceases to be a benefit to the Clty,but
all existing esanptlons granted pursuant to these provisions shall continue
In effect until their exrlration pursuant to the schedule set forth In Section
2.06.030,
Section 2.06.070
A property tax exemption under this ordinance shall not be granted if the
Property for which the ax tptlon Is claimed has received any other property.
tax exemption authorized t'v law.
SECTION 2 SEVERABILITY CLAUSE If an o/ t
�—�• Y the provisions of this ordinance I
are for any reasen declared Illegal or void, then the lawful provisions of
this ordinance, which are severable from said unlawful provisions shall be
and remain in full force arI effect, the same as If the ordinance curtained
no Illegal or void provisio•s. I
r
y
SECTION 3 REPEALER. All . dimness orarts o/
P ordinances In conflict with
the provisions of this ordi ante sre hereby repealed.
SECTION L' EFFECTIVE DATE. 'his ordinance shall be In full force and effect
from and after Its enactment which shall not be less than 30 days following I
Publication and Public hearlr.g as by law provided.
PUBLICATION OF NOTICE OF
PUBLIC HEARING: �,� 1 J filo PASSED
PUBLIC HEARING: r „ 13 A AND �'�s... i 1900
FIRST COHSIDERATIO I APPROVED
SECOND CONSIDERATION: r "L Iq< n
THIRD CONSIDCRATION:
cL,�LN
�. VA(IITEI M. Py PLA, JR. ayor
Attest: ( ,' (_s ^ /_s. O
OLGA AAELlANO C ty Clerk
.3 I
ORDINANCE 80. 75-80
AN ORDINANCE PROVIDING THAT THE MUNICIPAL CODE OF THE CITY OF
CEDAR RAPIDS, IOWA BE AHENDED BY E.NACTISr, A NEN CHAPTER 15
THEREOF MATING TO PARTIAL PROPERTY TAR EXQBTIONS FOR INDUST -
IAL PROPERTY ON NHICI IND WMMNTS NAVE BEEN MADE.
BE IT ORDAINED BY THE CITY COLNCIL OF THE CITY OF CEDAR RAPIDS, IONA,
as follow:
Section 1. That the Municipal Code of the City of Cedar Rapids, Iona,
be and the use is hereby amended by enacting a new Chapter 15 thereof entitled
Tax Exemptions and to read as follows:
"Chapter 15. Tax Exemptions. ,
15.01 Partial Exemption. There is hereby provided a partial exemption
from property taxation of the actual value added to industial real estate by
the new construction of Industrial real estate and the acquisition of or
improvement to machinery and equipment assessed as real estate pursuant to.
Section 627A.1, Subsection 1, paragraph a of the 1979 Code of Iowa.
:-15.02 New Construction. New construction as referred to herein neem
new buildings and structures and includes new buildings and structures which
are constructed as additions to existing buildings and structures. Nov con-
struction does not Include reconstruction of an existing building or structure
which does not constitute complete replacement of an existing puilding or
structure or refitting of an existing building or structure, unless the recon-
struction of an existing building or structure is required due to economic
obsolescence and the reconatmetion Is necessary to implement recognized in-
dustry standards for the manufacturing and processing of specific product. and
the reconstruction 1s required'. for the owner of the building or strucuture to
continue to competitively manufacture or process those products which deter-
mination shall receive prior approval from the City Council upon the reccom+
rendation of the Iove Development C.Mlesion.
AA//?
15.01 New Machinery and Equipment. The new machinery and equipment
referred to herein means new machinery and equipment assessed as real estate
pursuant to Section 427A.1, Subsection 1, paragraph e, of the 1979 Code of
I.. unless the machinery or equipment is part of the normal replacement or
operating process to maintain or expand the existing operational status.
15.04 Amount of Exemption. The actual value added to industrial real
estate for the reasons specified in Section 15.01 is eligible to receive a
partial exemption from taxation for a period of five years. °Actual value
added" as used in thim ordinance mean. the actual value added as of the first
year for which the meampeion is received, except that actual value added by
Improvements to machinery and equipment means the actual value as determined
by the assessor as of January 1 of each year for which the exemption Is
received. The amount of actual value added which is eligible to be exempt
from taxation shall be as follows:
a. For the first year, 751
b. For the second year, 601
e. For the third year, 451
d. For the fourth year, 30%
e. For the fifth year, 151.
15.05 Limitation On Amount Of Exemption. The grating of the exemption
under this ordinance for new construction constituting complete replacement
of an existing building or structure shall not result in the &,.eased value
of the industrial real estate being reduced below the assessed value for the
Industrial real estate before the start of the new construction added.
15.06 Application. An application shall be filed for each project re-
sulting It actual value added for which an exemption is claimed. The application
for exemption shall be filed by the owner of the property with the local assessor
by February 1 of the assessment year in which the value added is first assessed
for taxation. Applications for exemption shall be mode on forms prescribed
by the Director of Revenue and shall contain information pertaining to the
nature of the improvement, Its cost, and other information deemed neceeaary by
the Director of Revenue.
15.07 Application For Prior Approval. A person may submit a proposal
to the City Council to receive prior approval for eligibility for tax exemption
on new construction. The City Council, by ordinance, may give its prior approval
of a tax exemption for new construction if the new construction is in conformance
with the coning plans for the City. The ordinance may be started not less than
30 days after holding a public hearing in accordance with Section 352.3 of the
1979 Code of Iova. Such prior spnroval shall not entitle the owner to exemption
from taxation until the new construction has been completed and found to be
qualified real estate. However, if the tax exemption for new construction is,
not approved the person may submit an amended proposal to the City Council to
approve or reject. }
15.08 Duration. The partial exemption shall be available until such time
as this ordinance is repealed by the City Council of the City of Cedar Rapids,
Iowa.
15.09 Repeal. When in the opinion of the City Council continuation of
the exception granted by this 'ordinance ceases to beofbeneflt to the City, the
City Council may repeal this ordinance, but all existing exemptions shall con-
tinue until their expiration.
15.10 Limitation on Tax Exemptions. A property tax exemption under this
ordinance shall not be granted if the property for which the exemption is claimed
has received any other property exemption authorized by lay."
Section 2. That this ordinance shall be in full force and effect from and after
its passage and publication am provided by lay.
Section 3. Separability of Provisions. It 1s the Intention of the Council
that each section, paragraph, sentence, clause, and provision of this ordinance
is separable, and if any provision is held unconstitutional or invalid for any
reason, such decision shall not affect the remainder of this Ordinance nor any
part thereof other than that affectad by such decision.
Section 4. That the aforedescribed new chapter shall be included as part
of the replacement pages of the Municipal Code, City of Cedar Rapids, Iova,
aai9
and Bade a part of said Code as provided by lay.
Introduced this 19th day of lbvember '1980.
Passed this 3rd day of December ,3900.
City of Iowa City
MEMORANDUM
DATE: November 9, 1984
TO: City Council
FROM: City Manager/'
RE: Plantings at 330 East Washington
Attached is a memorandum from Al Cassady indicating that the City
staff, Project GREEN, and the adjacent property owner have reached
consensus concerning the bradford pear trees. For the reasons listed
in the memorandum, the trees should be removed. So that replanting
may take place this fall, Project GREEN would like to proceed immediately
with the work. If we wait another two weeks, the work will not be
able to be accomplished until next spring. Project GREEN has agreed
to undertake both the planting and the maintenance of the area. The
adjacent property owner has agreed to make a cash donation to Project
GREEN toward this effort.
If you have any objections to this project proceeding early next week,
please call me early next week. All of the appropriate persons have
considered this matter, and the solution is in the best interest of
the City and the adjacent private business.
Aa'?o
parks 8e recreation MEMO
department
to: Neal Berlin, City Manager f rom.T. Allen Cassady, Acting Director
re: 330 E. Washington Plantings date . November 8, 1984
A discussion was held on November 7 regarding the plantings at 330 East
Washington. A member of the business community, Project GREEN repre-
sentatives, and the City staff are recommending to you that the present
trees be removed and that they be replaced with more appropriate plant-
ing materials.
Because of the dense branching habit of the Bradford Pears at the above
site, they have attracted roosting birds. Even though the Bradford Pear
is handsome and desirable in widely spaced settings, the attraction of
the birds and the thick growth of the Pears in this urban location have
been the source of numerous problems.
Excrement on the sidewalk, street lights, and the mulch material in the
planter boxes has created very unsanitary conditions. This waste material
is continually being transferred into nearby offices, cars, and homes. The
trees are dense and overgrown which makes the area difficult to see from
the street. The branching habit of the Bradford Pears reduces street
lighting to below an acceptable level.
Depending on the weather conditions, the odor caused by the excrement is
overwhelming and the sidewalk is described as putrid. Several business
persons in the area had sprayed the sidewalk every day for over two months.
A large amount of water has been used in this daily maintenance project.
The business community has indicated a desire to continue their efforts to
help improve this condition.
The removal of the trees is desirable from an aesthetic perspective
because the trees are planted so closely that they have grown into the
other. They are out of scale with their surroundings and inappropriate
in density due to their urban location.
All members agreed that replanting should take place immediately after
the time of the proposed removal. Project GREEN has offered to donate
the new plantings, prepare the boxes, and maintain the area in the future.
They are recommending low growing viburnum carless. This shrub would
complement presently growing viburnums on the opposite side of the street.
The City Forester will remove the trees, and the group is in full agreement
on this plan of action. It is commendable that these citizens have demon-
strated this interest in improving this downtown area.
cc: Nancy Seiberling, Project GREEN
Dennis Visser, Northwestern Mutual
Terry Robinson
city of iowa city
aaao
`:Ity of Iowa City
MEMORANDUM
DATE: November 9, 1984
TO: City Council
FROM: City Manager
RE: Economic Development
Attached are two articles about economic development. You will be
particularly interested in the work of Mayor Juanita Crabb of Binghamton,
New York. It certainly conveys what efforts some cities must put forth
in order to improve their economy.
San Antonio
Wants You
A new breed of administrator is in town—
the city recruiter. Her mission? Make
relocating firms'an offer they can't refuse.
BY KEN ENGLADE
Our story begins with a Phone
call on 2 March morning in
striking oil or receiving a federal
grant. When a corporation plants new
1980. On the receiving end: Stephanie
Coleman, who had just joined San
roots, the benefits spread throughout
the
Antonio Economic Development
thecommunity like ripples -from a
pebble tossed into the proverbial
Foundation as 2 project manager. Her
caller: Ed Oppe, a partner in a New
York
pond; they extend far beyond the ac -
tual dollar value of the firms initial
consulting firm that specialized
in helping companies find new
homes.
investment,
Although she lacked particulars,
art'repre.
Coleman knew firm
He called to say he was doing a
the O
seated intended to build 2 pel
sm211 man -
paper analysis of more than one hun-
dred cities for a major firm that was
ufacturing plant, which would pro.
vide jobs for several hundred people.
interested in expanding, and he want-
ed some information on San An-
According to statistics* popularized
by Roberto. Coppedge, an extension
tonio," explains Coleman. Typically,
albeit frustratingly, the client was
'specialist for New Mexico State Uni-
not
identified,
versify, 100 new jobs in 2 community
tnnsl2tes into a $2,324,304 increase in
Coleman sent the information: the
usual basic data on tax rates, demo -come,
its residents' total annual personal in.
in
grahies, population breakdowns lo-
which turn &enemtes
$1,178,422 in added retail sales,
cal industries. Then silence. For
months we didn't hear anything
$876,263 in additional bank deposits,
and $269,619 in other sales. The new
more," Coleman says. "But in Au-
showed up and spent four
positions also mean 112 morehouse- '
holds, four
laEd
he di ulgedsin an/toe
ther thatt thre city was
more retail stores, 107
passenger
rsmore resiidents.
hildr. more en, 359
one of 15 out of the original 100 that
an
And every 100 new jobs creates 74
were still being considered. Then
other jobs.
more silence.
It was a nerve-wracking time for
Coleman. About all she knew at thisFour
point was that the deal involved a mi-
more months passed and
.LL�. Coleman figured
for firm and millions of dollars. But
she
the project
was dead, that the mysterious client -
sensed the Project was crucial to
the future of EDF, which for six
had gone somewhere else. But her as-
sumption
years
had struggled to make San Antonio a
was premature.
In mid-December Coleman got a
major contender among the growing call from a secretary in a firm then
number of cities that offer themselves headquartered in North Adams, Mas
as sites f
-
plant. Coleman didn't realize then
that this call was connected to the one
she had received from Oppel the pro
vious March. Although [he fines re-
quirements were simtlar, they were
not identical.
The link didn't become apparent
until the Sprague executive team 2r- .
rived in fanuary 1981, ten months
after the initial inquiry. The fivo-
person team, composed of represen-
tatives from the mid -executive and
managerial levels, spent a day and a -
half looking at potential sites and talk-
ing to her electronic firm execu-ji
tives,'civic leaders, bankers, and city
officials. Before they left, the team ,
leader confided to Coleman that the
comp2nys search had been narrowed
to three cities: EI Paso, ' Texas, �'
Lakeland, Florida; and San Antonio.
Over the next six months, Sprague(''.
teams made another four or five visits':','
to San Antonio, and Coleman trav-,t;
Bled once to North Adams to huddle 'r
with he2dquarterspersonnel.
In July, 2 high-powered Sprague `
team, which included then-CEO
•JohnSpragueandthen-executivevice, '
ppresident William McLean, 2mn ed .
(or another site -selection tri to San"-;:.
Antonio. They said it wouldbetheir';:
last.
So the EDFpulled out 211 the stops.
When the group flew in from Musa-
chusetts, Coleman and Mayor Henry
Cisneros met them at the airport for a
red carpet reception. First they hus-
tied the executives into 2 helicopter
for an aerial tour, stoppingg off ata
numberof places Colem2n figured the
visitors would want to see, such as the
Southwest Research Institute, the
third largest research facility in the -_
U.S. Late that afternoon, they rrans= "
ferred from the chopper to a lux-
uriously equipped barge for a float
down't a S2n Antonio River, a swift.•
flowing scenic stream that wanders
through the heart of the city at the
foot of towering skyscrapers. Then,:::'
after barely enough time to shower '
and change, the visitors were treated
to a formal dinner at The Argyle, one
of the city's private clubs, where they
met. San Antonio's IOC21 politicians
and financial heavvweiehts.
or companies seeking to ex- sachusetts—Sprague Electric. Spr2yyvve were gone," t Coleman
pond or relocate. re -
She said Sprague was sending in a members,'and 211 we could do w2ssit
From a city's point of view, the ac. site -selection team to look over the ' back and hope the chemistry had been,
quisition of a new firm is better than city as a possible location for a new good."
Ken Englade is a writer bared in •From A Handbook for the Eighties: In.
Atlanta. dustrial Development (Hill Printing, 1981)
40 S<tvytvowr br, 19#4
It had. Two months later (a tong
two months, Coleman recalls),
Sprague announced its decision to ''r:
+ -%1 move to San Antonio, a photo- �'i
winner over Lakeland. From urst
phone call to public announcement,
the campaign had consumed 23
months—a typical length of time for
such transactions.
What did Sprague's decision mean
for San Antonio? An initial invest-
ment of more than $10 million for
starters. Plus 550 new Jobs. And be-
muse the new plant, which manufac-
tures tiny electronic parts called
apacitors, was built on a 17-2cre site
in an economically depressed area,
the move meant a strengthened tax
base for one of the city's poorer
school districts. In addition, Sprague
promised to more than double the
size of the original 70,000 -square -
foot building within a few years.
.. jwL. fot the, least -of the benefits, of
course, was a vemendous boost for
the not -yet -secure EDF. Today the
foundation, now headed by the 39 -
year -old Coleman, can look back
with a sense of accomplishment and
boast that it his been responsible for
bringing more than 13,000 new jobs
to the city. Undeniably, whit the EDF
and hundreds of similar agencies
across the country do—recruit nidus-
try—is big business.
And big businesses take big money.
New York City's Economic Develop-
ment Foundation has a budget ap-
proaching $10 million. In smaller
cities, budgets are of course smaller,
; but still healthy: According to a re -
b=,: centEDF study, San Diego, Califor-
't§;.'ttia, allots $744,000; Orlando, Flor
'• ida,' $550,000; Phoenix, Arizona,
$350,000. no. money comes from a
variety of sources, including govern-
mentagencies, city and county cham-
bers of commerce, and private busi-
yeg pesses. The San .•Antomo EDPs.
$770,000 budget derives mainly from
corporate contributions, though the
city supplies nearly half of the agen-
ry's advertising funds.
i Promotional activities are usually
the biggest expense—$1 million of
-'Atlanta's $1.5 million budget goes to-
ward advertising. Other costs include
travel, communication ("Our tele-
phone bills are hellacious," says Cole-
-''.`.,,nun), entertaining, and employee
s0laries. Staffs tend to be small—the
San Antonio EDF, for example, em-
ploys three recruiters. The staff of the
Atlanta agency, serving a city twice
San Antonio's size, numbers five.
That's only one of the reasons that
being a city recruiter is an exacting,
demanding job. The profession re -
.1
b y Pbi19"invn
quires the stamina of a long distance
runner, the optimism of a politician,
and the nerves of a Las Vegas high
roller. Not to mention a deep respect
for intrigue and the capacity to thrive
on rejection: One veteran recruiter es-
timates that the chances of a city's se-
curing an interested firm are less than
one in ten. Still, the business of bring-
ing in business gets more competitive
every day, not only on a domestic
level but on the international level as
well.
n Atlanta, Carol Martel is hustling
just as hard as Stephanie Coleman
to bring new blood and new bucks to
her city, but her objective is broader.
ere it is, and why it would be ad-
vantageous for them to be located
here. This includes encouraging them
to use Atlanta as a base to expand to
Latin America, Canada, or the
Caribbean."
Martel schedules two formal over-
seas trips, which she calls "missions,"
every year. Last spring's mission went
to Scandinavia; next March brings a
trip to the Orient, where developers
in Hong Kong, Singapore, and Korea
have recently shown a heightened in-
terest in Atlanta. It takes six to nine
months to plan a mission, including
an advance trip in which Martel pre-
selects firms and traces precisely the
route the delegation will follow. The
mission itself usually lasts two weeks.
Coleman has the United States to deal
with; Martel has the rest of the world.
Since 1979, she has headed the Atlanta
Chamber of Commerce's • inter-
national department.
Though Martel says "recruiting on
an international scale is not dramat-
icallz different from domestic recruit-
ing, she admits some parts of her job
are easier than Coleman's. She is not
SO
much at industry's mercy, for ex-
ample. Though domestic recruiters
are growing more aggressive, they
still spend a lot of time waiting to be
contacted. Martel, on the other hand,
can pick her prospects more freely;
after all, she has several continents to
choose from. Once she settles on
targets, she gets up and goes.
"Bancally," Martel says, "my job is to
ll foreign executives what Atlanta is,
Coleman loves a
quick kill—but
campaigns often
last for years.
Nowmbn19841s.vvy 41
aa.z/
A typical group includes a dozen
and public sectors:
from the city's encu- A FROST -
and public sectors: corporate exacts-
tives, bankers, realtors, lawyers, de-
velopers, and elected officials, often BELT FIXER -UPPER
the Mayor himself. And each delegate
payys� his or her own way.
Themixoffirmsthatthedelegation Mayor Juanita Crabb beckons business
will visit varies, but Martel tends to
avoid traditional heavy industries that 'with grants, bonds—and a balloon or two.
would pollute Atlanta's environment.
Like most recruiters, she seeks tele-
communications, computer software,
medical equipment manufacturers— ad times had come to Bingham- ners showed that a large, high-quality
industrial that are "clean" (as well as Bton. Throughout the late 1960s retailer served as a vital anchor and
"hot" money-makers right now). Be- and 70s, a wave of ill -planned urban drawing card in thriving downtowns.
cause of Atlanta's proximit to south- renewal literally disrupted whole city So in March of 1982, Crabb went
eastern timberland, Martel often so- blocks and lou, causing downtown' shopping for a department store. Her ;AI
licits paper products companies. One businesses to move to suburban malls office created a promotional packages
of her prime doups was the recruit- and complexes. The old tobacco and ' of Binghamton's strong points—from
mens of a Scandinavian corporation, shoe manufacturers that had built the its equidistance to New York and
Kema Nord, which produces chemi- western New York town had gradu- Philadelphia to its being the home of.
cals for the paper industry. ally declined; new high-tech com- the State University of New York;,:
When the firm bought a Buffalo, panies were springing up to replace from its low crimgfate to its frequent
New York, paper manufacturer in them—but they, too, tended to locategarbage pickup. After a year of re-:
1982, Atlanta was not even on its lis[ outside the city limits. Its tax base buffs y over a dozen chains;.whbse
Of potential sites for an American eroding, Binghamton was becoming a'• refrain was always "There's no future
headquarters. Kema Nord was con- home for the eldejly, as families fol- for downtown stores,' she cap=
S.dering large cities—like New York lowed businesses out to thrsuburbs. proached BOrCOV's, a ten -store Penn -
and Chicago—or a location in the Pa- Between 1970 and 1982, the municipal sylvania chain that grosses over $250
cific Northwest, where much of the population declined by 15%. With million a year. "I'd heard that Albert:
timber and paper industry is located. 56,000 residents, Binghamton stood Boscov was a very community -ori-*;.
But when Martel heard of Kema perilously close to reclassification as a ented retailer—sponsoringsereet fairs'
Nord's search, she "set about trying small euty' (population 50,000 or and exhibiting local artists in his
to convince them that Atlanta was the under), astatus that would have inhib- stores," recalls Crabb. 'I thought;
place to be. A lot of the paper iridus- ited its future competition for federal he'd be sympathetic to our efforts.'
try is concentrated in the Southeast, and state funds. Through a local industrialist who'd
too, and industry decision makers Mayor Juanita M. Crabb, 36, took had business dealings with Boscov,
like Georgia Pacific and Kimberly- office in 1982 with a dual aim: to stop the Mayor met the retailer and toured
Clark are in Atlanta,' she says. After the further exodus of companies from his Wilkes-Barre store. But Boscov
nine months, Martel won her fight. downtown and to attract new ones— turned down her proposal to open a
"Kema Nord will probably have only either consumer -oriented service in- Binghamton branch. He didn't do
a couple of dozen people here—re- dustries or back-up firms to sub- downtowns. He didn't do New York'
member, this is a headquarters, not a contract work that the area giants, State."-
plant—butitwas2 feather in our cap." IBM, GE, and Universal Instru- Knowing that Boscov' was a
International firms such as Kema menu, currently sought abroad. In big promoter—he liked zany ap-
Nord account for some 30,000 of contrast to what she calls 'the pre- proaches,' Crabb and her staff deeid-
metro Atlanta's 1.1 million work- vious gdministration's caretaker phi- ed to launch an unorthodox campaign'
force—quite a change from ten years losophy," Crabb formed a nonprofit to change his mind. They sent red
ago, when manyy foreign executives organization of community and mu- roses. They wrote business letters in
wouldhavebeenhardpressed topoint nicipal members to directly finance, the form of poems. They mailed a
to Atlanta on a map, much less con- or arrange financing, for businesses. picture storybook (one of C`rabbs
sider establishing a regional or na- Over the past two years, the Bing- staffers had been an art major) that
tional headquarters there. "In 1975, hamton Local Development Corpo- ended happily ever after because
Atlanta wasn't exactly oneverybody's ration's projects have ranged from a 'Boscov's came to Binghamton.'
checklist," Martel says, 'but that's rive -person service station to a 550- Boscov finally came to see the pro-
changing pretty quickly." staff department store. The bringing posed site—a building vacated two
In pitching her city, Martel cmpha- of Boscov's Department Store to years earlier by a loot store—but he
sizes Atlanta's new direct airsetviceto Binghamton—a $24 million dal— remained noncommittal. The barrage.::
Europe and its location at the illustrates the role Crabb feels a city of gifts continued: buttons, balloons
crossroads of several interstate high- must Play to recruit business: part a "magic carpet" (to ensure Boscov's
ways. Transportation, for both per- publicist, part realtor, pan financier. speedy return), and a puzzle (sent i
sonnet and products, is highly imppor- Rcsearch by p Crabb -instituted piece at a time for 72 days) that de-;
tant to 'emigrating" firms. if a team of long-range economic plan- pitted the site. In May of 1983,1
company plans a factory or plant in an
42 Savvy/Novrmberl984 a aZ.-1
Boscov returned, bringing his archi-
tects with him. And this time, he de-
scribed the conditions under which he
would open a Binghamton branch.
Publicity stunts may have piqued
his interest, but only a complex finan-
cial package could make the store ma-
terialize. Boscov wanted tax benefits
for the renovation he planned to do on
the original site and on an adjacent
building. The city agreed to form a
realty company with him to buy both
structures, which enabled Boscov as
co-owner to take depreciation and
historical and investment tax credits.
Crabb and other community leaders
also convinced the local newspaper
publisher to give the store a discount
advertising rate. A third condition
Binghamton had to pay for directly:
Based on his belief that a store's suc-
cess depends on easy access and con-
venient parking, Boscov demanded
the connection of a garage to the
store—an extension that would cost
$2 million and necessitate the closing
Of a city street. Arguing thct the im-
proved parking would benefit not just
Boscov's, but many downtown firms,
Cnbb convinced the city council to
1102t a bond to finance the garage.
The retailer's biggest demand, how -
eve , was that his debt service—taxes,
loan repayments, bond fees—not ex-
ceed 2% of the store's annual gross.
To meet that figure, Crabb first
turned for financing to the Broome
County Industrial Development
Agency. 'The County had never
sponsored a commercial venture like
this," Crabb notes. It was also wary of
investing in a city project. But the
Mayorstressed the county -wide ben-
efits of a large store, not only for con-
sumers (for whom a gara¢c was being
built!) but for construction workers
and suppliers as well. After the Coun-
ty agreed to issue $7 million worth of
tax-free bonds on Boscov's behalf,
Crabb persuaded.local banks to buy
them, even helping to negotiate inter-
est rates.
But the cornerstone of the financial
package was a federal Urban Develop-
ment Action Grant, issued to the city
to loan to Boscov, To obtain thegrant,
the Mayor's office submitted first a
written application 'three inches
thick' that itemized costs and other
funding sources, projected profits,
and justified the need for federal
funds. It then made oral presentations
Phooy"ph by Robin Noland
in the Buffalo and New York City
branch offices and in Washington,
D.C. Crabb did not come as a
stranger.'Shortly after I took office,
I had established contact with the of-
ficials, letting them know a new ad-
ministration was in town." That past
rapport worked well for her lobbying
now: The UDAG for $2,190,000 came
through on December 23, making
Christmas of 1983 a particularly
merry one for Binghamton's mayor.
Boseov's opened this past August.
Under its agreement with the city, the
store pays Binghamton 2% of itsan-
nual safes gross in lieu of property and
income taxes. "So the better Boscov's
does, the better we do," comments
the Mayor.
Crabb estimates she spends about
90% of her time in this sort of
'outreach" effort. 'It may have been
easy in the past to say 'my job as
mayor is to see the sidewalks are fixed,
the snow is -removed, the garbage is
collected,'" she notes. "But if you
don't have the money, you better get
new funds coming in so that you're
able to provide those services." Bing-
hamton's tough times are far from
over. But Boscov's and other Crabb
projects have already encouraged $35
million in new development, halved
the unemployment rate, and created
1,000 new jobs. And people are al-
ready asking, "What are you doing
about the traffic jams downtown?"
—TROY SEGAL
,rca, it also investigates the avail-
ability of local labor, access to power
sources, and tax rates; a firm planning
an executive headquarters considers
"quality of life" factors, ranging from
crime rate to climate.
One other factor plays a sur-
Prisingly strong part in the choices of
both manufacturers and nonmanufac-
turers: time zone. Most industry is
still located in the northeastern U.S.,
and two-thirds of the population live
east of the Mississippi Riven As a re-
sult, the business world basically runs
on Eastern time.
ecruiters such as Mattel and
Coleman understandably find
it easiest to talk about the triumphs,
but disappointments are frequent in
Mayor Crabb:
Shoveling snow isn't .
Noeembrr198OSwvy IJ
aAzi
their business. The case of a Califor-
nia electronics firm called Monolithic
Memories holds some maddening
memories for Coleman.
The company, which intended to
build a new Plant east of the Sierras,
first approached Albuquerque, New
Mexico, but was unable to acquire the
land it wanted. The parcel was owned
by a convent, and the nuns refused to
sell because the firm produced semi-
conductors used in defense -related
equipment. The company broadened
its search to Texas, specifically to San
Antoni&and Austin. The latter was
rejected' fairly quickly, Coleman
says—Monolithic Memor es found
its utilities too expensive—and it
looked u though San Antonio had a
new recruit.
But then New Mexico reentered
the negotiations by offering Mono-
lithic Memories a ten-year property
tax moratorium (the state has no cor-
ponte or personal income tax) on a
piece of land not owned by a reluctant
religious order. Texas hu no corpo-
rate or income tax either, but San An-
tonio couldn't match New Mexico's
offer of a property tax exemption; the
Texas constitution specifically-
hibits cities from making such ad pt ml-
orem tax concessions. So Monolithic
Memories moved to New Mexico, a
decision Coleman feels will haunt the
firms executives. 'In ten years, when
they start paying taxes, they know
they will be paying for somebody
else's moratorium,' she points out
Cities and states eager to land firms
THE FIRM THAT CAME IN
FROM THE COLD
en it comesio guarding their
better at maintaining secrery than
W11 identities; executives plotting.
others. Stephanie Colemaiijilenti-
relocation or expansion make CIA
fies one mistake even the most in -
agents look like a bunch of blabber-
cognito-obsessed' executives fre
mouths.
quentiy make. 'All along they have.
Take, for . example, one well..
known
been talking anonymously.;. And
then oneofthem opens his bnefease'
manufacturer of electronic
equipment. In the late 1970s, when
to get dawn tobosmess. And whits;
the company was dispatching teams
clipped to the divider? His comean)}.
hither and yon'to examine potential
identification badge with his piccuie•.
plant situ, its selection team took
on it.'
extraordinary measures to prevent
In another case, one spooky'o
ficial blew his
anyone from tracing its affiliation.
coverwhenhe allowed;
On the road, is amatterofcourse,
one of Coleman's staff to return his%
team members not only watched
rental car. His company's name, of•
their tongues =they iii A sure they;'
cotirse;.was on the receipt. ': • .:.
were carrying nothing that would
' Coleman's favorite: case, though;
an international
have furnished a hint about their em-
involved agn-
ployer, not evem watches and cal-
cultural company that was thinking
culators manufactured by the firm.
of opening a plant in Texas. The fir
Procedures slipped from precaution-
contacted the EDF, stressing its need
ary to pinnoic, however, when the
for anonymity. If anyone uncovered'
executives removed the labels from
the company's name, a top executive
thew clothes, because the store
warned, the state would be removed,
names might lead back to the em-
from consideration forthwith.'
ployer. '
As the negotiations progressed,'a
Othercommonsecuritymeasures
site -selection team Came to visit•.
include blind post office ' boxes,
Coleman and company came to
aliases, and spokespeople without
meet representatives of the still.
regional accents. City recruiters
mysterious fir at the Waco, Texas,
quickly learn not to press for phone
airport. And they leamcd the idend-
numbers to answer messages,
tY of their visitors even before the
"Don't call us, we'll call you" is the
groupp touched ground:The team ar-
donapn teexecutivejet—bla-
orderoftheday:Contactalwayshas
rive
with company's
to be initiated—at least until well
nntly marked the
into negotiations—by the fir.
distinctive emblem.
Naturally, some companies are
—K.S
to Savvy/Novrmber1984
frequently come up with bonuses like
the New Mexico offer. In fact, EDF•
itself has used such tactics—with
mixed results. " "?
Once, Coleman recalls, San An-:
tonio was locked in a dog-eat-dog,.: '
fight for IS Ke
erry Computer Systems
Plant with Pueblo, Colorado; which
had thrown in city land and a state
grant as a sweetener. Not to be out=.
done, EDFpolled local business lead-
ers to see if anyone was willing to
contribute to the pot. One developer
offered land and other incentives.
worth almost $6 million. To present
the offer in the best possible light;;
eager city officials met visiting Sperry
executives planeside and conveyed
them in chauffeured limousines to
nearby helipad. From there the guests
ing red -and -white striped canopy. A' '
barbecue had been ljidout and, while .
the Sperryites munched perfectly
mmed beef, the cream of San'An
tonio's movers and shakers swirled
expertly through their midst, shaking
hands, slapping backs, and expound-
ing on the benefits of life in South
Texas. The party cost $25,000. And it
went for naught.
With their stomachs full of grilled
steak, the Sperry officials announced
their decision in favor of Pueblo..
Offering a slightly embarrassed'
"thmks," they took off. "Someone
had to lose,'' a Sperry official
apologized. • . ..
But city recruiters learn toshrugoff ,
the losses and savor the victories: One
of Coleman's favorite Big Win stories
involves a New Bedford, Massachu-
setts, electronics firmealled_Iso-. , :J
ironies Inc. The compan-y decided to
follow Sprague to San Antonio,
choosing the city after d spirited
runoff with Reno. But the remarkable
part for Coleman was not Isorronics"
decision to build a $5 million facility'
that would employ 250 people. What
made the decision memorable was the
speed with which the fir's executives
acted—quite the opposite of the I
Sprague group.
For one month, Coleman bar-
gained with Isotronics executives al-
most daily. It was a relentlessly tense,
demanding period, Coleman remem-'
bers. But despite the intensity of the',
negotiations, she was shocked when '.. .,
the company said yes after only 30
days of discussion. Shocked,'- but
hapQy. "Thu's my kind of deal," she
laughs, 'the quick kill." _•
aA ZI
�,ity of Iowa City
MEMORANDUM
DATE: November 9, 1984
T0: City Council iL�
FROM: City Manager,
RE: Holiday Schedule
Attached is a news release for the holiday schedule for Monday, November
12, Veterans' Day. You will notice that there are numerous operations
on such a day in addito
police and fire. In fact, it appears there are
sin to the usual 24-hour or emergency operations,
such as water, sewer, P on the holiday than discontinuing.
more operationcontinuing
a�U z
CITY OF IOWA CITY
CHIC CENfER 410 E. WASHINGTON Si. IOWA CITY, IOWA 52240 (319) 356-5000
NEWS RELEASE
Holiday Schedule
November 8, 1984
City offices at the Civic Center will be closed on Monday, November
12, 1984, in observance of Veterans' Day. A schedule of City services
for the holiday is as follows:
Iowa City transit buses will operate on Monday.
Parking meters will be enforced and charges for parking in the ramps
will be enforced.
The Iowa City Public Library will be open during regular hours.
The Iowa City Recreation Center offices will be closed. However,
the other facilities and programs will follow the normal schedule,
The Senior Center will be open holiday hours (10:30 A.M. to 3:00 P.M.).
Congregate meals will be served.
The Streets Division crews will continue to pick up leaves on Monday
when they are scheduled to be north of Court Street, east of Dodge.
The Refuse Division will not be making collections on Monday. Monday's
routes will be covered on Tuesday plus part of Tuesday's route. The
balance of Tuesday's collections will be made on Wednesday along with all
of Wednesday's collections. The crews should be back on schedule by Thursday,
November 15.
The Iowa City Landfill will be closed all day Sunday, November 11,
but will be open during regular hours on Monday, November 12.
-0-
FROM: Administrative Offices
A R0 �
r;Ity of Iowa City
MEMORANDUM
Date: November 9, 1984
To: City Council
From: Dale Helling, Assistant City Manager
Re: Summary Report - Program Division Objectives for FY84
Quarterly progress reports for the final quarter of FY84 have been
submitted by Division heads. These reports are cumulative and reflect
year-end information relating to achievement of objectives.
These reports indicate that most program objectives for FY84 have been met
and that very few major deviations occurred. Changes in divisional
objectives are normally made as a matter of policy and Council is thus
aware of these changes when they are made.
From the information contained in the various reports, the following is
noted:
1. Human Relations - A total of 84 hours of in-house training, including
a session on "Public Service and the Handicapped", were provided. This
exceeded the goal of 40 hours training by over 100%. The wellness
program for Police and Fire personnel is off to a good start with all
personnel receiving physical exams and 50% of those having volunteered
for physical fitness assessments..
2. Broadband Telecommunications Specialist - Time spent in staffing the
Broadband Telecommunications Commission increased, primarily due to
the considerations of the Commission relating to the sale and transfer
of the local franchise.
3. Treasury - There was a general increase in the number of transactions,
utility billings, water shutoff notices and parking tickets paid.
4. Parking Systems - Total ramp usage increased by 17% over the previous
year. Revenue from Street meters and metered lots increased by 10%.
There was a 12% increase in the number of tickets issued. All of the
above figures substantially surpassed the originally projected
increases for the fiscal year.
5. Word Processing - Turnaround time was maintained at 3.5 hours despite
a continuing increase in the volume of work performed.
6. Civil Rights - The number of formal complaints filed increased from 11
in FY83 to 23 in FY84. Total amount of purchase of goods and services
from Women and Minority Business Enterprises remains well below the
original goal of 3%. While it appears that this is largely due to the
unavailability of such enterprises in most areas, we continue to
explore ways to increase participation.
a.,?a3
PRECEDING
DOCUMENT
.aty of Iowa City
MEMORANDUM
Date: November 9, 1984
To: City Council
From: Dale Helling, Assistant City Manager
Re: Summary Report - Program Division Objectives for FY84
Quarterly progress reports for the final quarter of FY84 have been
submitted by Division heads. These reports are cumulative and reflect
year-end information relating to achievement of objectives.
These reports indicate that most program objectives for FY84 have been met
and that very few major deviations occurred. Changes in divisional
objectives are normally made as a matter of policy and Council is thus
aware of these changes when they are made.
From the information contained in the various reports, the following is
noted:
1. Human Relations - A total of 84 hours of in-house training, including
a session on "Public Service and the Handicapped", were provided. This
exceeded the goal of 40 hours training by over 100%. The wellness
program for Police and Fire personnel is off to a good start with all
personnel receiving physical exams and 50% of those having volunteered
for physical fitness assessments..
2. Broadband Telecommunications Specialist - Time spent in staffing the
Broadband Telecommunications Commission increased, primarily due to
the considerations of the Commission relating to the sale and transfer
of the local franchise.
3. Treasury - There was a general increase in the number of transactions,
utility billings, water shutoff notices and parking tickets paid.
4. Parking Systems - Total ramp usage increased by 17% over the previous
year. Revenue from Street meters and metered lots increased by 10%.
There was a 12% increase in the number of tickets issued. All of the
above figures substantially surpassed the originally projected
increases for the fiscal year.
5. Word Processing - Turnaround time was maintained at 3.5 hours despite
a continuing increase in the volume of work performed.
6. Civil Rights - The number of formal complaints filed increased from 11
in FY83 to 23 in FY84. Total amount of purchase of goods and services
from Women and Minority Business Enterprises remains well below the
original goal of 3%. While it appears that this is largely due to the
unavailability of such enterprises in most areas, we continue to
explore ways to increase participation.
02 Az 3
r
7. Engineering - The Melrose Court Improvements project was not completed
but was placed on hold pending a Council decision as to whether or not
to pursue it. This project will be completed during FY85.
8. Water - Extremely cold weather in the month of December, 1983,
resulted in a substantial increase in the number of main breaks during
FY84. 20 of the 66 main breaks for the fiscal year occurred during
December.
9. Pollution Control - Personnel continued to increase the amount of time
devoted to monitoring areas of recurring problems. This should reduce
the likelihood of these problems becoming more serious.
10. Traffic Engineering - There was a substantial increase in the number
of call -outs for signal and street light repair. This is partially
attributed to an excessive number of lamp (bulb) failures which
require immediate replacement to avoid traffic hazards.
11. Streets Maintenance Systems - Repair and Maintenance activities
increased substantially. 36 miles of streets were crack sealed as
opposed to only 1 mile in FY83. Likewise, spot repairs and chuckhole
repairs totaled over $5,000 in FY84 as opposed to $2900 in FY83. This
increase in repair and maintenance will hopefully prolong the life of
current surfaces. Leaf pickups continued to increase substantially
and were up 36% over the previous. year. This reflects a continuing
trend.
12. Refuse Collection - Complaints from citizens continued to decrease.
Requests for the pickup of white goods has begun to increase and was
up nearly 27% over the previous year.
13. Landfill - Tonnage increased by 26% over FY83. This was well above
the projected increase. Revenue thus exceeded projections and was
approximately 50% above operating costs.
14. Police - Called For Services and cases for investigation remained
relatively constant as compared to the previous year. However,
paperwork and document handling continued to increase in the Records
and Identification Division. The number of pet licenses issued in the
Animal Control Division continued to increase.
15. Housing & Inspection Services - Administration - Substantial progress
was made in the Shared Housing Program and a procedures manual was
drafted.
16. Building Inspection - The number of building permits issued declined
26% over FY83. This represents a reverse in the trend of the past
several years toward increasing numbers of permits issued. Revenue
collected in this division exceeded operating expenses by approximate-
ly 45%.
17. Fire Prevention and Safety Inspection - The total number of inspec-
tions increased by approximately 15% and a general increase in
enforcement activities such as violation orders and emergency orders
aAa.s
to correct violations occurred. The number of certificates of compli-
ance issued was down 50% indicating that most rental units have been
initially inspected and certified under the new inspection policy.
18. Assisted Housing - 100% occupancy of the 486 existing Section 8 units
was achieved during the final quarter of FY84.
19. Recreation - Participation in most activities increased during FY84.
Attendance at the Recreation Center was up 23%, outdoor pool atten-
dance was up 17%, and attendance at neighborhood activities increased
by 57% over the previous year.
20. Forestry - Total tree plantings on public property were below the
stated goals due to adverse weather in the Spring. Private property
tree plantings were at only 25% of the goal because few citizens
requested this service and interest was apparently quite low.
21. Mass Transit - Total number of passengers decreased from 2.47 million
to 2.4 million. The revenue -to -expense ratio declined from .47 to .43
and there was a 6% decline in passengers per revenue mile. This
reflects a "leveling off" trend which was previously projected and
which will remain relatively constant unless the service level of this
division is expanded. Some moderate increases may be expected due to
the acquisition of additional coaches and the addition of some tripper
service.
22. Equipment Maintenance - The labor rate was maintained at $20 per hour
for the fourth consecutive year. Vehicle operating costs per mile
declined. This may be largely due to the increased use of diesel
equipment and lower fuel costs. Police fuel use declined 26% and the
total cost of that fuel declined 34%. This is primarily due to
downsizing of vehicles and the reduced purchase price of gasoline.
The above comments summarize the more significant or noteworthy occur-
rences as reflected in the quarterly reports. If you have questions or
desire further information please let me know. Overall, it appears that
the operating divisions have done extremely well in achieving their stated
objectives during the past fiscal year.
POLICE DEPARTMENT MONTHLY REPORT
October, 1984
It has happened at last. Cooler weather or perhaps drier
throats have caused a significant decline in the number of
citizen generated requests for police services. Nearly
four hundred fewer complaints were received in October as
compared to September. . . 3145 in October, 1984 and 3525
in'September.
Increases were noted in the following classifications of
offenses.
OFFENSE
Motor Vehicle Theft
Forgery $ Counterfeiting
Vandalism
Controlled substances
O.19. I.
Vagrancy
Juvenile
Assists F, Services
Alarms
Miscellaneous Investigations
Miscellaneous Information
SEPTEMBER '84
14
5
105
6
30
6
37
568
100
30
130
OCTOBER, '84
19
6
112
11
38
13
39
638
128
37
150
All other categories of offenses remained the same in October
as in the previous month or declined.
The number of arrests for criminal activities totaled one
hundred ninety-three in October compared to three hundred
ten in September. In both months fifteen juvenile arrests
were included in the total.
The Detective Division initiated one hundred sixty new or
follow-up investigations. A total of 3258 arrests were
effected or citations and tickets issued.
Refresher training in driving tactics, cardiopulmonary
resuscitations and firearms proficiency started in October.
Animal Control activities continued a slow decline in numbers.
Lack of sufficient staffing necessary to conduct regular patrol
within the City is probably the factor contributing to this
reduction in the number of services offered by the Division.
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//11°ti ey -
Growing Older
Suburban Population
Ages, Causing Conflict
And Radical Changes
Many Places Take Measures
To Meet Elderly's Needs;
Schools and Tax Revolts
'We Will Stay Until We Die'
By JOANN S. LUBLIN
StwtteponeraITt¢ Ww STNIR JOURNAL
FALLS CHURCH, Va.—rate on a fall af•
temon, a strolling, gray-haired man pauses
to gaze at a barking dog on Rosemary Lane,
an almost deserted residential street In this
s�reo�suburb.re
sign, askew, reforchil-
dren."
Butthere are no children to be seen.
Thirty of them lived and played on this
street In the early 1950s when the neighbor-
hood
eighborhood was fairly new. No more than to do
today. Instead of one elderly couple with
adult children, there now are a dozen.
"Many of us grew older. Our children
went one ." extace lams else.
TI-yWe ear -old eJessle
tike It here;' p
Thackery. She and her husband raised a
family of five In a squat green bungalow
that bulges with a lifetime of memortes—old
photos of youngsters, glass knickknacks,
overflowing bookcases and a thrice re•cov
ered ouch.
Sharp 30 -Year Increase
Rosemary Lanes exist all over the land.
America's suburbs are graying, as many
original homeowners reach retirement age
and stay put. Their mortgages typically paid
off, older suburbanites see few housing al-
ternatives as cheap and attractive, even
though they may Md their big homes hard
to keep up. The 19M census found that 7.9
u
rc
rbla �a onlivedericans 65 and over
e•thirdl nrease from19M in
was
the flrsl time they outnumbered their cen-
trul•city, cousins.
The aging of suburbia Is causing radical
changes In the character and polities of
countless. bedroom Communitiesreis volts,
ead-
Ing to School closings, grope Y•
and demands for new or expanded housing,
transportation and recreation servpices for
the elderly. Few suburbs are Pregred to
meet the needs of an older pop
dlvislons of single-family homes spranges up
like crab grass
ter
World War LI, and their towns' zoning laws
and Institutions catered to households with
young children.
The demographic shift "will become a
state and national Issue as communities find
they don't have the resources to deal with
the problems," predicts John lagan, an as•
solace sociology professor at the state Unl-
versify of New York at Albany. The older
suburbs generally have the weakest Prop
erty-tax bases and the highest tax rates, the
oldest housing stock, and the heaviest de•
pendence on recently trimmed federal and
state aid for social services.
Young Old and Old Old
prof. Logan expects that more suburbs
son will tall Into similar straits as their se-
nior
ks
ll
from citizens'
"yoanng old" too over advance yrs)
old, the nation's fastest-growing age group.
The "old old" frail l health and lack Of cash'limited
to be the i
least able to fix the roof, mow the grass, ands
drive or take a bus to the grocery store.
Edmund Becker, 75, still trims his bushes
and uarter-
acme yard u
round his Falls Churces dead ones from' the h home.
his ause of
h artrcondition.hes e Thereonarew
bfeateen"
agers In the neighborhood, Mr. Becker com•
plains, --and the ones there are don't want to
work."
The elderly also become more suscepti-
ble to crime In suburban neighborhoods,
where adults without children mingle less
and may not realize who is a stranger. Yet
the "frozen occupancy" or "aging In place"
of older suburbanites locks out families with
marketkand house pricesghiBUpwardly
mobile young couples Instead buy newer,
less costly homes In the outlying exurbia,
tempting Innerclty employers to relocate.
Some demographers fear that close -in su-
burbs could tum into unintended retirement
communities. dominated by limited -income
householders living In increasingly rundown
homes and sapped of their economic and so-
cial vitality. .
Faun Church Takes Actlo0
Any community "has the power to be,
come a Mlaml Beach with 100% elderly,"
observes Claudia Passen, the director of
housing and human services here. The Pro-
portion of Falls Church residents aged a5
13.917.4nIler 1980, and two of Its three eleed from 5.7% In meo
Lared fully Or partly.
So Falls Church crls have reeated an Ad Hoc Com-
mittee to Attract Families with Young Chll•
dren. The group has distributed 20,000 leaf'
lets to real-estate agents and local em•
ployersthat emphasize its "family values"
and Its school system.
Some suburbs are devising other ways to
prevent the decay of older residents' homes
and attract younger persons. Hundreds of
other commonWes have changed their zon•
Ing so as to permit separate rental units.
called "accessory apartments,"
single-family homes, thus providing the el-
derly owners with a new source of Income.
And many communittes now arrange home -
sharing by unrelated Individuals; older
homeowners trade unneeded empty rooms
for needed maintenance and security from
young tenants.
The space available is plentiful; 12.2 mil,
lion owner -occupied homes in the U.S. have
one or two persons over 55 occuavin five
morns or moraccording
to Pat ck are.
suburban Mont•
a communitynity planner
gomery County, Md.
Despite crippling emphysema and his
wife's death In May 1983, 72 -year-old Robert
Moore continues to live In his three-bedroom
Falls Church rambler. A Washington-metro,
re•
polllan•area home sharing program that
gun in Montgomery County, Just across the
Potomac River, matched the retired English
professor with a 23 -year-old aspiring writer
last June. In exchange for free room rent,
the young man cleans house, washes dishes,
cuts the grass, empties gutters and takes
Mr. More to the hospital when he suffers
had emphysema attacks. "It would crowd
me (financially) to have to pay somebody to
be here" to help. says a grateful hit. Moore.
"I've lived here 30 years and 1 don't want to
move."
Babylon, N.Y., adopted an accessory'
apartment ordinance In 1980 after a spurt
in foreclosures of homes owned by elderly
persons; they were pinched by soaring up
keep and energy costs. The Long Island su-
burb overcame residents' resistance to the
zoning change by arguing, "Would you
rather live next door to an abandoned house
that would be an eyesore to the community
or a two-family house that would be regu-
lated and an asset to the community?" re'
calls Richard Spitio, Babylon's planning and
development commissioner.
Accessory apartments can serve differ-
ent
iffer
ent generations' needs. to. Marjorie
Schneider of Weston, Conn., a-Wldow who
now Is 73 years old, originally put a two -
room addition on her home to help care for
her aged parents. They are dead now, and
last June Mrs. Schneider rented the addition
to her 3Fyearold son and his bride because
they lacked the money to buy a house N that
expensive suburb. "I felt guilty about belne
the only person in all these rooms," she
says, "when I knew there were young people
who can't afford halfway -decent housing
these days."
Some aging suburbanites move to nearby
luxury town houses, retirement complexes
or subsidized apartments. Others move to
"congregate living" apartment buildings
that provide common dining space. Winston'
Place, a 299 -unit congregate In a Knoxville.
Tenn., suburb, is being marketed primarily
to residents of the surrounding neighbor-
hoods"They're going to feel very comfort-
able living within to to 15 minutes of where
they've lived for 20 years," says Bernard
Schreft, executive vice president of Green,
keter In
tmmumnod. Fla. roup �When completed, Winston
But apartment rents there will range
uch for
manySder people aAdvocateso foo the el-
derly
enough housing altematives focontend that suburbs don't. r
ovide
nearly their
less affluent older residents. Waiting lists
for subsidized units are five years long In
some suburban areas.
Many communities simply lack vacant
land to build housing for the elderly. So so-
burbs of Chicago. Buffalo and Washington.
D.C., are turning closed schools into subsi-
dized senior•clUzen housing. The venture
can be costly, however. Fairfax Is spending 5475,000 to convert the )second
floor of a former McLean elementary school
Into 21 congregate -living apartments for
low-income and moderate -income elderly
and handicapped Individuals.
One reason for the cast Is that laborers
must work around child -resistant waits that
are very solid and very thick, .says Leo
Berger, the head of a nonprofit church
aa,26
group managing the pioJect. He steps
around ladders and over nails littering a
dim hall to point out the extensive renova-
tion. Auld the new ceilings, light fixtures,
carpets and door, a water fountain remains
about the last artifact of an era when school-
children roamed the building. Mr. Berger
admits, "In many Instances, it would have
been cheaper to do new construction."
Neighboring Falls Church today is start-
inga transportation Pro6tata that could help
somewhat. 'Fare Wheels" will Provide
vouchersworth up to SM a month for each
low-income elderly and handicapped MSJ-
dent The chlts will subsidize trips anywhere
any time, using taxis and a variety of spe-
dally equipped vehicles. The voucher Idea,
i tried in some cities, has rarely been applied
In suburbs, county Planners say.
Other suburbs are expanding or reorient -
Ing their recreation services to meet older
residents' needs. Park Planners In Nassau
County, N.Y., soon may replace part of a
rarely used Playground with a miniature
golf course for adults. A softball league be,
gun three years ago for those over 6 has
eight teams now. "The largest number of
our users In our parks are seniors and
adults, not children," says Francis Ccs-
grove, a deputy commissioner of recreation
and
U bra planners believe that close -In su-
burbs increasingly will feel the pollUcal
muscle of "gray power." They expect older
citizens to pry for funds for police, fire,
ambulance and home -health services—
rather than certain long-term investments
j such. as roads. 1
Intergenerational dashes already occur.
in j a redreedominated taxpayers' group haa Schenectady s
led the light to defeat the school system's
budget three times in the last four years.
Charles Mongin, the president of the tax-
payers' association, explains that a typical
pensioner may fear that "my house Is paid
for but if taxes keep going up, I can't afford
to still live In it." To win allies, the school
board soon may offer older persons classes,
day or night, In crafts. exercise and voca-
tional skills.
Daycare homes have turned Into Young -
old battlegrounds in two Connecticut
towns—Hamden, a New Haven suburb, and
West Hartford.
More ConMets Foreseen
Experts believe that the pressures and
the conflicts posed by a growing phalanx of
older suburbanites will Persist for a decade
or more—because of the elderly's increased
longevity and their general reluctance to
move.
"We do nothing about the shrubbery,
plantings or the gardening; we Just don't
have the strength anymore." says Eleanor
Silverman, a *year-old retired ecannrnic
analyst. She and her husband gaze out a pic-
ture window at the expansive, woodsy back
lawn of their Bethesda. Md.; home, where a
fence rots and lawn furniture sits rusting on
the patio, unused. The couple paid SM.501)
for the three-bedroom house, their first, in
1951, They currently spend less than S35a
monthly on housing—for taxes and uUU-
ties.
"Where could we go as cheap as this?"
asks Mrs. Silverman. "We really plan to
stay here until we die."
aa.z�
City of Iowa City
MEMORANDUM
DATE: November 16, 1984
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
Memoranda from the City Manager:
a. City Manager Evaluation
b. Dubuque Street Parking Ramp
Memoranda from the Assistant City Manager:
a. Community Development Block Grant Program
b. December Council Meeting Schedule
Memoranda from the Department of Planning and Program Development:
a. Recommendations of the Urban Environment Ad Hoc Committee
b. Roomers in RS -5 and RS -8 Zones
c. Funding Alternatives for Iowa City Women's Transit Authorit
d. Planning and Zoning Commission Bylaws
Memoranda from the Johnson County Council of Governments:
a. Information Pertaining to Madison City Bus System and Madis
Women's Transit Authority
b. Information at CDBG Public Hearing
c. Downtown Parking Study
Memorandum from the Human Relations Director regarding Affirmative A
Goals - FY85.
Memorandum from the Director of Public Works regarding intersection
ments, Melrose Avenue and Byington Road.
Memorandum from the Iowa City Airport Commission regarding clear zon
critical areas.
Memorandum from the City Clerk regarding Liquor Sunday Sales, condit
approval.
Notice of meeting of Southeast Iowa Municipal League.
Copy of Judge Swailes'decision regarding Home Town Dairies.
Articles:
a. After long hesitancy, police departments use computers more
b. Donald Kaul's article regarding downtown development in IoH
Ltr. from Rape Victim Advocacy Program re Women's Transit Authoritl
and the city Human Rights Ordinances.
Memo from Bob Singerman, Chairman, Resources Conservation Conn. re
franchise fee and the franchise duration
2248
City of Iowa City
MEMORANDUM
DATE: November 16, 1984
TO: City Council
FROM: City Manager
RE: City Manager Evaluation
The City Manager's evaluation, a six-month review, is scheduled for the
informal session on December 3, 1984. As provided by Chapter 28A of the
Code of Iowa, relating to the evaluation of professional competence, I
request this review be conducted in a closed session.
cc: City Clerk
of Iowa City
MEMORANDUM
Date: November 15, 1984
To: City Council
From: City ezr
Re: Dubuque Street Parking Ramp
Some time ago we discussed the preparation of final plans and specifications
for the construction of the two additional levels on the Dubuque Street
parking ramp. If you have any suggestions concerning this project, please
discuss them with Mayor McDonald within the next week or so. If there are no
questions, shortly a joint proposed contract with MLM and Rich will be
prepared.
cc: John Lundell
/sp
a azo
meaty of Iowa City's
MEMORANDUM
Date: November 15, 1984
To: City Council
From: Assistant City Manager
Re: Community Development Block Grant Program
Your agenda for November 20, 1984, includes a resolution to allocate avail-
able CDBG funds for 1985. The purpose of this memo is to remind you that all
information relevant to funding requests and recommendations from the
Committee on Community Needs were included in a booklet entitled "PROGRAM
STATEMENT - Iowa City - 1985" which was included in your agenda packet on
November 2, 1984. Please remember to bring this document to the informal
meeting on November 19. This item has been scheduled for discussion during
that meeting as well as for formal action on November 20.
If you need another copy of this document, please call me or Lorraine on
Monday, November 19.
bj4/10
-City of Iowa City,,
MEMORANDUM
Date: November 19, 1984
To: City Council
From: Dale Helling, Assistant City Manager da
Re: December Council Meeting Schedule
Several weeks ago Council elected not to hold an informal session on November
13, 1984, because of the scheduled goal -setting meeting on November 15th; and
likewise to cancel your informal meeting on December 11th because of the
scheduled meeting with Chairpersons of Boards and Commissions on December
13th. However, since that time it has become necessary to cancel your
informal meeting on November 27th. Further, because Christmas and New Year's
Day both fall on Tuesdays, Council is not scheduled to meet between December
18, 1984, and January 8, 1985 (except for your meeting with the Johnson
County Board of Supervisors on the evening of December 19, 1984).
In order that you may have adequate time to address the issues requiring your
attention during the remainder of the current calendar year, I would suggest
that Council plan to meet in informal session on December 11, 1984. This
should assist in minimizing the backlog of issues for discussion which might
otherwise carry over into January, at which time Council will be spending a
great deal of time discussing FY86 budget issues.
Given the above, your meeting schedule for December and early January will be
as follows:
Monday, December 3 - informal meeting
Tuesday, December 4 - regular formal meeting
Tuesday, December 11 - informal meeting
Thursday, December 13. - meeting with Chairpersons of Boards and Commis-
sions
Monday, December 17 - informal meeting
Tuesday, December 18 - regular formal meeting
Wednesday, December 19 - meeting with County Board of Supervisors
Tuesday, January 8 - informal meeting and special formal meeting
Saturday, January 12 - budget meeting (all day)
Monday and Tuesday, January 14 and 15 - regular informal and formal
meetings to resume regular schedule.
Saturday, January 19 - budget meeting (all day)
Because of the three week period between scheduled Council meetings over the
Christmas holidays, it may be necessary (as has been the case in the past) to
hold a special Council meeting if any item arises which requires formal
action. While this is not likely to occur, it would be extremely helpful if
each Council member would advise me or Lorraine of any plans you have which
would makeyou unavailable during this time. Such a special meeting would
not be scheduled unless it were absolutely necessary.
If the above schedule is unsatisfactory for any reason, please let me know at
your informal meeting on November 19, 1984.
bdw4l3
.Ity of Iowa City's
MEMORANDUM
Date: November 14, 1984
To: City Council
From: Marianne Milkman, Planner Vil
Re: Recommendations of the Urban Environment Ad Hoc Committee
Attached are the Policy Recommendations of the Urban Environment Ad Hoc
Committee together with a preliminary list of areas the Committee is
considering recommending for designation as "special areas". The Commit-
tee has identified five elements (environmentally sensitive areas, buffers
and open space, neighborhoods, entranceways and scenic vistas) which it
feels it is in the public interest to protect and enhance. Each of these
elements is defined, a rationale for preservation is given, and a policy
for preservation is recommended.
At your informal meeting the Committee would like to present these policy
recommendations to you and discuss their intent, as well as preliminary
ideas on methods of implementation. The Committee recommends that the
policies be adopted as an amendment to the Comprehensive Plan. If you
decide that this is the direction in which you would like to proceed, the
policies should be referred to the Planning & Zoning Commission for
review.
The Committee has solicited help from residents, naturalists and other
interested persons in identifying specific areas in Iowa City which should
be considered, for protection, since they contribute to the distinctive
features of Iowa City. A preliminary list of such areas, which will be
considered by the Committee for designation as "special areas", is
attached. A map showing the location of a large number of the environ-
mentally sensitive areas will be available at the informal meeting.
bc3
aa3/
POLICY RECOMMENDATIONS OF
THE URBAN ENVIRONMENT AD HOC COMMITTEE
Introduction
The Urban Environment Ad Hoc Committee has attempted to identify the features
which make the City of Iowa City such an attractive place to live and work.
The Committee has determined that the following elements are of importance when
considering what features of Iowa City should be protected and preserved:
1. Iowa City is a very special city combining many of the benefits of small
town living with the cultural and recreational opportunities of a large
cosmopolitan area.
2. A number of elements both natural and constructed, contribute to the
atmosphere of this community, and it is important to protect and preserve
these elements.
3. These elements include not only natural features but also neighborhoods,
scenic vistas, entranceways to Iowa City, public areas and buildings.
4. These elements and the interaction between these elements provide a sense
of community and integrity to the City and contribute to the general
aesthetic and visual impression projected by the City.
5. The economic and social welfare of Iowa City is sustained and enhanced by
the sense of community and aesthetic values provided by the natural and
constructed environment.
Since the City Council is vested with certain powers to foster the health,
safety and general welfare of the public, and to protect important public in-
terests, the Urban Environment Ad Hoc Committee recommends that the City
Council adopt certain policies to maintain and enhance the quality of life in
the Iowa City community and to protect the public interest as it is affected by
the elements described below; such policies should be adopted as an amendment
to the Environmental Policies of the Comprehensive Plan.
Further, the Urban Environment Ad Hoc Committee recommends that the City
Council of Iowa City consider various means of implementation of the recom-
mended policies such as incentives, regulations, acquisition, and public educa-
tion and involvement.
Environmentally Sensitive Areas
Definition: Environmentally sensitive areas are geographical areas containing
natura,ecologic, archaeological or aesthetic resources or features which are
of value to the public and the destruction of which might result in the
permanent or long-term loss of important public resources (such as mature
woodlands), in economic loss, in hazards such as landslides or flooding, and in
the long-term degradation of the environment. Examples of such environmentally
sensitive areas include, but are not limited to, uncommon or unique geologic
formations, natural stream corridors including floodplains, floodways and
greenbelts of the Iowa River and associated creeks, natural stormwater deten-
tion areas, bottom land and upland woods, steep slopes, areas of high recrea-
tional value for bird watching and observation of flowers and other plants and
animals and areas containing a high concentration of ecologic and aesthetic
features.
Environmentally sensitive areas may also be those identified as hazardous sites
by an appropriate State or Federal agency. These sites may require special
consideration and restriction in their development in order to protect the
public health, safety and welfare.
Rationale for Preservation: Iowa City was originally chosen as the seat for
the State Capital because of the natural beauty of the area with its steep
wooded slopes and river bluffs. The exposed limestone bluffs along the Iowa
River are geologic formations which are rare in Iowa City, and which also
provide interesting vegetation and wildlife habitat. Their destruction would
result not only in the loss of this unusual landscape feature, but would also
accelerate the erosion of the steep wooded slopes in the area, with possible
resultant land slides and siltation.
The Iowa City area was once heavily wooded, particularly along the river and
creek beds. Few wooded areas now remain to provide diversity and other
benefits. Northern Iowa City is one area where steep wooded slopes and ravines
remain relatively untouched. Intensive development of such slopes destroys not
only vegetation and wildlife habitats, but frequently results in erosion, mud
slides, the filling in of ravines, and severe changes in drainage patterns. A
crucial factor in the stabilization of steep slopes is the development of a
stable drainage system. Degree of slope, soil type, vegetative cover, underly-
ing geology and precipitation patterns determine the run-off patterns. Approxi-
mately 35-40% of precipitation is not retained by the soil or used by plants,
and will run off steep, wooded slopes. As the vegetative cover is disturbed by
development, new drainage patterns develop which may result in the erosion of
neighboring private and public property and cause downstream siltation
affecting water quality. As a result costs may be incurred by private property
owners and by the City to correct the problems created.
Woodlands themselves are important moderators of climatic phenomena such as
high winds and flooding, and help to protect watersheds from siltation and
erosion due to heavy runoff or wind. The woodland floor acts as a filter to
water percolating into ground water reservoirs or rivers. The woods also
improve air quality by absorbing some air pollutants, and serve as noise
buffers between residences and heavy noise generators such as interstate
highwaysFinally, woodlands in an urban environment provide recreational
opportunities, and visual relief from the built landscape, adding to the
quality of life and therefore the general welfare of any community.
Rivers and creeks are the natural drainage channels of any area. As develop-
ment increases and the impervious surface area increases, more and more surface
water runs off directly into the creeks and rivers. The floodway and flood-
plain of streams are the natural corridors for this water and should be
maintained for its flow. If,. in addition, vegetation is maintained along the
river and creekbanks, more water can be absorbed and the risk of flooding is
reduced. Also, the filtering affect of the floodplain soils will reduce the
amount of sediment and chemicals entering ,the creeks and rivers and help to
maintain water quality and to reduce the risks of flooding and erosion.
If greenbelts are maintained along rivers and creeks they provide diversity of
habitat and by their linear nature extensively affect adjacent development.
Protection of the Iowa River and Ralston and Willow Creek floodplains will
reduce the need for further extensive modifications of their channels in order
to reduce flooding.
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Policy: For the reasons stated above, the Urban Environment Ad Hoc Committee
recommends that it be the policy of the City of Iowa City to preserve and
protect environmentally sensitive areas as identified by the City, and to
develop measures to protect the public for those sites identified as environ-
mental hazards by appropriate State or Federal agencies.
Buffer Areas and Open Space
Definition and Rationale for Preservation: Buffers between land uses, such as
commercial and residential, serve o screen one use from another, and help to
decrease the adverse affects - such as noise, traffic, air pollution - of one
use upon another. Buffers may also help to provide a transition between land
uses.
Buffers may be vegetative, such as a greenbelt of trees between an interstate
highway and residential development; a solid fence screening a commercial use
from a neighboring residential area; or a structure designed in such a way that
the structure itself is oriented to act as a buffer to the adjacent land use.
Transitional buffers provide an attractive transition between land uses such as
those seen on Rocky Shore Drive with the gradation from river, to plantings
along the sidewalk/bicycle trail, to single family residential development.
Buffers provide diversity within the City, and, if vegetative in nature, have
many of the beneficial effects of woodlands but on a smaller scale.
Open space provides relief from urban development and opportunities for
recreation. Open space may be unimproved natural areas, pocket parks, play-
grounds,
la -
grounds, neighborhood or city-wide parks, storm water detention facilities,
stream corridors or greenbelts. All these provide relief from continuous,
contiguous development and the intensified extremes of temperature, increased
air and noise pollution and the psychological stress associated with such
development. As the City grows and develops, noise, water and air pollution
increase and areas of open space and vegetation which help to alleviate these
pollution problems decrease in size and number. Protection of existing open
space is therefore vital in preventing the degradation of the Iowa City
environment.
Policy: For the reasons stated above the Urban Environment Ad Hoc Committee
recommends that it be the policy of the City of Iowa City to preserve and
promote the creation of buffer areas and open space as identified by the City.
Neighborhoods and Structures
Definition and Rationale for Preservation: Neighborhoods provide familiar
surroundings - buildings, places to walk, people - a sense of security and
community stability. Neighborhoods may be private -a place where groups of
individuals live; or they may be public - places where many people gather to
enjoy the surroundings or to interact. It is within Iowa City's "private"
neighborhoods that people find the benefits of small town living and in the
'.public" neighborhoods that one can enjoy the diversity often found in a larger
Y•
There are within Iowa City historic neighborhoods and structures which provide
roots for the residents of the neighborhood and perpetuate a legacy of his-
toric, architectural and cultural achievement for all of Iowa City. Some of
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Iowa City's neighborhoods and structures, though not historic, provide an
identity for their residents which adds to the residents' sense of well-being.
Likewise, there are public places within Iowa City which have become unique
gathering places for the people and add to the entire City's sense of commu-
nity.
Policy: The Urban Environment Ad Hoc Committee recommends that steps be taken
to—ensure that the unique attributes of Iowa City's public and private neigh-
borhoods, as identified by the City, be preserved and protected for the general
welfare of the community at large.
Entranceways to Iowa City
Definitions and Rationale for Preservation: Entranceways to Iowa City are all
the major thoroughfares along which people approach our city. These entrance-
ways often provide the first impression one has of the City, informing the
visitor and resident alike of the aesthetic values of the community. The visual
impression projected of the City through its entranceways can contribute to the
economic and social welfare of Iowa City by making it a more attractive place
to live and work.
Policy: The Urban Environment Ad Hoc Committee recommends that the City Council
a a policy to preserve and enhance the entranceways to Iowa City.
Scenic Vistas
Definitions and Rationale for Preservation: There are elements of Iowa City,
both natural and constructed, which are unique- to the city and are open to
public view. People are reminded through these scenic vistas of the heritage
of the community and the natural beauty of the land.
seseePolicy: The Urban Environment Ad Hoc Committee recommends that the City Council
o ensure that these unique features within Iowa City remain perpetually
accessible to public view.
Preliminary List of Areas for Possible Designation
I. Environmentally Sensitive Areas
A. Developed portions of Iowa City - public ownership
1. Terrill Mill and North Dubuque Street drainage area.
2. Woods and creek south of West High School.
3. Pond and bluff at old University of Iowa Law School.
4. Limestone bluffs and steep slopes at University of Iowa Nursing
School.
5. Trees and bluff at new University of Iowa Law School.
6. William White Boulevard.
7. Diana Street alley.
8. Grant Court extension.
9. Ryerson Woods.
10. Prairie remnants and black ash dump near Carver-Hawkeye Arena.
11. Steep slopes and woodlands between Hawkins Drive and Highway 6.
B. Developed portions of Iowa City - private ownership
1. Ravines in Manville Heights.
2. Ravine - between Kimball Road and North Dodge Street.
3. Ravine - east of Prairie du Chien Road.
4. Melrose Lake and drainage area to the west.
5. Steep slopes along North Dubuque Street from Church Street to
Bjaysville Lane.
6. Steep slopes along Rocky Shore Drive and West River Street.
7. Railroad track area behind Woodside Drive to University Heights.
C. Undeveloped Areas in Iowa City (to be identified)
1. Areas containing steep slopes (greater than 15%).
2. Mature woodlands and areas containing a concentration of indige-
nous vegetation (i.e. prairie grasses).
3. Geological formations including ravines, bluffs, rock outcrop-
pings.
c�a.3i
2
4. Areas located in the floodplain of the Iowa River and associated
creeks.
II. Buffers and Open Space
i
A. Possible sites
1. Northwest corner of the intersection of Madison and Burlington
Streets (former Voss Petroleum site).
2. 130 East Jefferson Street.
3. Emmanuel House of Prayer (Kirkwood and Marcy).
4. Undeveloped land along I-80.
5. Railroad embankments.
6. Potential park sites.
III. Neighborhoods and Structures
A. Possible sites
1. Preservation of brick streets.
2. Development surrounding Hickory Hill Park.
3. Historic neighborhoods
a. Along Kirkwood near Plum Grove area.
b. Summit Street.
c. Woodlawn.
d. North Side commercial district.
e. North Side residential district.
f. Goosetown area.
g. College Hill.
4. Non -historic neighborhoods
a. Village Green area.
b. Kirkwood Circle.
5. City Plaza
I
aza/
3
IV. Entranceways
A. Possible sites
1. Dodge Street/Highway 1 North.
i
2. Old 218 South.
3. Highway 1 West.
4. Highway 6 Bypass.
5. North Dubuque Street.
6. Local road/Rochester Avenue.
7. Melrose Avenue/IWV.
8. Mormon Trek Boulevard.
9. Riverside Drive through Iowa City.
V. Scenic Vistas
1. Iowa Avenue and Capitol Street to Old Capitol.
2. Johnson County Courthouse.
3. Iowa River.
4. View of city from Rochester Avenue near Regina.
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1amity of Iowa City'-'
MEMORANDUM
Date: November 16, 1984
To: City Counci
From: Dona d S ei er, Director of Planning and Program Development
Re: Roomers ih RS -5 and RS -8 Zones - City Council Referral from
November 5, 1984
In a previous discussion by the City Council of the number of roomers
permitted particularly in the RS -5 and RS -8 single family residential
zones, the staff was asked to research the reasons for the reduction in
the number of roomers permitted in these zones. Prior to the "roomers
ordinance" adopted on November 30, 1983, one additional roomer was
permitted in single family zones and also in multi -family zones.
The previous City Council had formally received two letters, one dated
February 21 and the other March 18, 1983, expressing a concern in the
number of unrelated persons living in single family dwellings. Although
these two letters, both of which are attached, were the first letters of
correspondence addressing the matter, the problem had become increasingly
apparent to the City Council and the staff; numerous informal complaints
had been received.
Even since 1979, the Planning and Zoning Commission had considered
reducing the number of roomers permitted in dwellings to less than
permitted at the time in provisions of the new zoning ordinance drafts.
Their consideration at that time is synonymous to the ordinance now in
effect.
According to Section 36-4(r)(9) of the zoning ordinance, a roomer is an
occupant of a dwelling unit who is not a member of the "family" occupying
the dwelling unit. And according to Section 36-4(f)(1), a family may be
two persons, but not more than two persons, not related by blood, marriage
or adoption. Since in the RS -5 and RS -8 zones one roomer is permitted, it
is possible for three unrelated people to reside in the same dwelling
unit. Prior to the change in the number of roomers permitted, four
unrelated people could reside together in a dwelling unit.
The reasons prompting the previous City Council's interest in decreasing
the number of roomers permitted in single family dwellings were as
expressed in the attached letters. There was not the concern of roomers
residing with a nuclear family of persons related by blood, marriage or
adoption but with the problems created by unrelated persons residing
together. The concerns expressed included the number of cars parked on
the property and street, noise and trash.
There is a solution to the dilemma which was investigated by the staff
during the development of the new zoning ordinance: the inclusion of
provisions for "accessory apartments." Accessory apartments, or what
a,? -3 Z
Page 2
often are called "granny flats," are prevalent and permitted in many
localities. The Planning and Zoning Comnission, as well as the City
Council, was receptive to the establishment of such provisions but did not
wish to forestall the expeditious adoption of a new zoning ordinance in
reviewing them at that time.
An accessory apartment is essentially a room or group of rooms forming a
single unit for habitation purposes in an existing single family dwelling.
The accommodation of roomers in a single family dwelling would be permit-
ted only if the space in the accessory apartment were leased by the
nuclear family residing on the premises. In this manner, such provisions
would preempt the problems originating from unrelated persons residing
together in the same household.
bc4
0?173 z
WILLIAM L.MCARDON
WILLIAMLSUE P PCL
POSER, N. DOWNER
JAMES P. NATES
JAME5 O.MCCARRADNCR
THOMAS J. CILCR
MARK T. NAMER
THOMAS D. HOOART
MARGARC/ T. LAIN50N
ANGELA M. RYAN
DOUGLAS D. RUPPERT
Mayor Neuhauser
Civic Center
410 E. Washington
Iowa City, IA 52240
NEC -TIMED! 9
MEARDON, SUEPPEL, DOWNER & HAYES
LAWYERS
122 SOUTH LINN STREET TELEPHONE
IOWA CITY, IOWA 52240 338-9222
AREA CODE 019
February 21, 1983
Re: Zoning Ordinance
Dear Mayor Neuhauser:
As the City Council of Iowa City considers the adoption of a new zoning
ordinance, I would appreciate your considering one issue which exists under
the current zoning ordinance which has troubled ne for a period of time.
It is my understanding that currently a single family hare may be used by
four unrelated parties. I have seen this type of use clash with the single
family concept throughout the City of Iowa City and I think that serious
consideration should be made in limiting the use of a single family horn by
four unrelated parties.
I realize there may be legal considerations in this matter, but I believe
the current situation is causing a deterioration in the quality of living
in neighborhoods where suddenly the house next door becmws a rental
property with four unrelated individuals living in it.
I would appreciate krnwing if the new zoning ordinance will address this
issue. Thank you.
Very truly yours,
OWE W.tr�f�
Thomas J. Cilek
TJC:cb
as 3-Z
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LU
TO: Members of the Io::a City Council
From; Ruth and Sam Becker
521 W. -ark Rd.
;arch 18, 1983
We are aware of Tom Cilek contacts -,z you in regard to one -
family houses beln; occupied by several unrelated persons
In one -family house areas.
We share his concers, As a matter of fact have been worrying
about this for a number of years as more houses in this neigh-
borhood are becoming in effect rooming houses.
Cases in point are 202 and 302 W. Fark ad. , occupied by a
number of students for many years. Also 407 1;agowan rented
out in this manner for the past three years or so. It is hard
to determine the number of people living in these houses.
The concern is over the change in the character of the neighbor-
hood this produces; the number of cars parked on the property;
noise and occasional partying with the resultant trash all
over.
We appreciate the fact that this matter is being looked into
by the Legal Dept.
Sincerely,//
F I L E
MAR 18 1983
CITY CLERK
�Aty of Iowa City
MEMORANDUM
Date: November 15, 1984
To: Neal Berlin, City Manager
From: _Jim Hencin, CDBG Program Coordinator
Re: Funding Alternatives for Iowa City Women's Transit Authority and
Handicare Van
In a memorandum presented to the City Council on November 6, we indicated
that there were potential problems with the allocation of CDBG funds for the
Iowa City Women's Transit Authority and Handicare as recommended by the
Committee on Community Needs.
Nancy Richardson of the Iowa Department of Transportation was contacted last
week when the question of coordinating transportation services was raised.
She expressed specific concern over the Women's Transit Authority which has a
proposed annual budget of $51,470 ($2,270 requested from CDBG). Considering
this large budget and the fact that there are existing transit providers in
the area, it was recommended that other alternatives be considered if the
City were to fund this program. A contractual arrangement with an existing
provider, such as the current SEATS Supplement Taxi Service contract, was
suggested as being more cost effective. (The City has budgeted $6,500 for
that service in FY85.)
Similarly, IDOT would look more favorably on the van for Handicare being
placed under SEATS. Prompted by last week's discussion before the City
Council, representatives from Handicare have contacted the director of SEATS
about the possibility of SEATS being the owner/operator of the van if the
City funds this project.
Another question that the staff had raised earlier regarding the Women's
Transit Authority proposal was the eligibility of purchasing file cabinets
for this project. I posed this question to HUD representative Patricia
McCauley. She stated that it would be preferable to lease office equipment
or shift the City's CDBG contribution to this project to other non -equipment
expenditures since contracts with third party agencies are expected to be for
a specific length of time. The disposition of office equipment and other
"non -expendable personal property" becomes a problem once a contract expires.
cc: Don Schmeiser
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1_1� '-1
City of Iowa City
MEMORANDUM
DATE: ,loveinber 16, 1984
T0: City Council �y�,
FROM: Karin Franklin, Senior PlannerJl
RE: Planning E Zoning Commission Dy -Laws
The enclosed by-laws are being sent to you for your review
in conformance with the Planning R Zoning Commission's
current by-laws which require that the Council receive the
by-laws 15 days prior to the revision of the by-laws. The
Commission will consider revisions at their December 6, 1984
meeting. The revisions under consideration are underlined on
the enclosed copy of the revised by-laws.
Ag -5 (/-
REVISED 11/1/84
BYLAWS
Iowa City Planning and Zoning Commission
ARTICLE I
AUTHORITY:
The Iowa City Planning and Zoning Commission shall have that authority
which is conferred by Chapter 414 of the Code of Iowa, Chapter 27, Code of
Ordinances, City of Iowa City, and through the adoption of these bylaws
stated herein.
ARTICLE II
PURPOSE:
The purpose of the bylaws stated herein is to provide for the general
welfare of the citizens of Iowa City, by establishing a Planning and
Zoning Commission to advise the City Council on all matters pertaining to
the physical development and the Comprehensive Plan of Iowa City.
ARTICLE III
MEMBERSHIP:
Section 1.
Qualifications. The Planning and Zoning Commission
shall consist of seven (7) members appointed by the
City Council. All members of the Commission shall be
qualified electors of the City of Iowa City, Iowa.
Section 2.
Com ensation. Members shall serve without compensation
u may a reimbursed for expenses incurred for travel
outside the city on designated Commission business.
Such expenses must be submitted to the City Manager.
Section 3.
Orientation for New Members. Prior to the first
regular meeting following their appointment, new
members shall be provided with copies of the City
Zoning and Subdivision Code, Bylaws, and other documen-
tation that would be useful to Commission members in
carrying out their duties. The may also be given an
orientation briefina by the City s a an a onmis-
sion as is deemed appropriate.
Section 4.
Absences. Three consecutive unexplained absences of a
Commission member from regular formal meetings may
result in a recommendation to the City Council from the
Commission to discharge said member and appoint a new
Commission member.
Section 5.
Vacancies. Any vacancy on the Commission because of
e3�resignation, long-term illness, disqualification
or removal shall be filled by the City Council after at
least 30 days public notice of the vacancy.
a a3�
Section 6.
Terms. Members shall be appointed for terms of five
years, with terms expiring on May 1. Not more than
one-third of the terms
may expire in any one year.
Section 7.
Resignations. Resignations should be submitted in
writing to the Mayor with a copy to the City Manager,
Director of Planning and Program Development
and
Chair erson of Planning and Zoning at least 60 days
prior to the date of intended departure.
ARTICLE IV
OFFICERS:
Section 1.
Number. The officers of this Commission shall be a
Chair erson, Vice -Chairperson, and Secretary, each of
whom shall be elected by the members of the Commis-
sion.
Section 2.
Election and Term of Office. Officers of the Commis -
Sion shall be elected annually at the first regular
meeting in February each year; if the election of
officers shall not be held
at such meeting, such
election shall be held as soon thereafter as is
convenient.
Section 3.
Vacancies. A vacancy in any office because of death,
resigns ion,
removal, disqualification or other cause
shall be filled by the
members for the unexpired
portion of the term.
Section 4.
Chair erson. The Chairperson shall, when present,
preside at all meetings, appoint committees, call
special meetings and in general perform all duties
incident to the office of a Chairperson, and such other
duties as may be prescribed by the members from time to
time.
Section 5. Vice -Chair erson. In the absence of the Chair erson,
or n e event of death, inability or refusal to act,
the Vice -Chair erson shall perform the duties of the
Chair erson and when done so shall have all the powers
of and be subject to all the restrictions upon the
Chair erson.
Section 6. Secretary. The Secretary shall have the responsibility
of insuring that the Commission's minutes are accurate
and are circulated as prescribed. The Secretary, in
the absence of the Chair erson and Vice -Chairperson,
shall perform the duties of the Chair ep rson and when so
acting shall have all the powers of and be subject to
all the restrictions upon the Chair erson.
3
ARTICLE V
MEETINGS:
Section I.
Regular Meetings. Regular formal meetings of this
Commission
shall be held twice monthly whenever
possible.
Section 2.
S ecial Meetin s. Special meetings of the members
may
e ca e y the Chair erson and shall be called by the
Chair erson or Vice -Chairperson at the
request of three
or more members of the Commission.
Section 3.
Place o=nus. Regular formal meetings shall be in
a place accessible to handicapped.
Section 4.
Notice of Meetings. Notice of regular and special
meetings shall be required; meetings may be called upon
notice not less than twenty-four
(24) hours before the
meetings. The news media shall be notified by staff
as
required under Chapter 28A, Code.
Section 5.
Quorum. A majority of the members of the Commission
s a constitute
a quorum at any meeting.
Section 6.
Proxies. There shall be no vote by proxy.
Section 7.
Public Discussion. Time shall be made available during
all formal
regular meetings for open public discus-
sion.
Section 8.
Motions. Motions may be made or seconded by any member
of the Commission
except the Chairperson.
Section 9.
Voting. A majority (but not less than three) of votes
cast at any meeting at which a quorum is present shall
be decisive
of any motion or election. A two-thirds
vote of the members of the Commission
present or not
less than four votes shall be required in consideration
of a substantial
amendment to the Zoning Ordinance and
the adoption of the Comprehensive Plan
or part or
amendment thereof.
Voting will be, upon request, by roll call and will be
recorded by
yeas and nays. Every member of the
Commission, including the Chair erson, is required
cast a abstain voteto
thupon
omember believes
therevis� as conflict of
interest.
A member who elects to abstain from voting shall state
the reason for the abstension
at the time of voting.
During the discussion of the matter under considera-
tion, a member
who plans to abstain from voting should
o�a3 �z
4
so inform the Commission, so that other Commission
members can properly weigh the opinions given by a
member who believes a conflict of interest exists.
Section 10. Roberts Rules of Order. Except as otherwise provided
herein, Roberts Rules of Order shall be used where
applicable.
ARTICLE VI
POWERS AND DUTIES:
The City Planning and Zoning Commission, in addition to the powers
conferred by Chapter 414 of the Code of Iowa, possesses the following
powers established by Chapter 27, Code of Ordinances, City of Iowa City:
Section 1. To make such surveys, studies, maps, plans or plats of
the whole or any portion of the City and of any land
outside thereof, which in the opinion of such Commis-
btecrpinion to a tsmshall
submit to the comprehensive with studiesnd
recommendations and it may publish the same.
Section 2. To make recommendations for the location or erection of
statuary, memorials or works of art in public places,
public buildings, bridges, viaducts, street fixtures,
public structures or appurtenances and the sites
therefor.
Section 3. To make recommendations upon plans, plats, or replats
of subdivisions or resubdivisions in such city which
show streets, alleys or other portions of the same
intended to be dedicated for public use.
Section 4. To make recommendations for street, park
boulevard, traffic way or other public improvements,�aor
the vacation thereof.
Section 5. To carry on comprehensive studies of present conditions
and the future growth of such city in order to guide
and accomplish a coordinated, adjusted and harmonious
development of such city in accordance with the present
and future needs thereof to the end that the health,
safety, morals, order, convenience, prosperity and
general welfare may be promoted.
Section 6. To conduct public hearings upon the adoption of such
comprehensive plan or any amendment thereto.
Section 7. To prepare a comprehensive plan regarding the height,
number of stories and size of buildings and other
structures; the percentage of ground that may be
occupied; the size of yards, courts and other open
spaces; the density of population, and the location and
use of buildings, structures, and land for trade,
a 1? 13
industry, residence, or other purposes and to this end
shall prepare a preliminary report and hold public
hearings thereon and after such hearings have been
held, to submit its final report and recommendations to
the City Council.
Section 8. To recommend to the City Council, from time to time, as
conditions require, amendments, supplements, changes or
modifications in the comprehensive plan prepared by
it.
Section 9. To do all things necessary or advisable in order to
carry out the intent and purpose of this article and
all other ordinances relating to the state as they now
exist or as the same may be hereafter amended or
supplemented.
ARTICLE VII
HEARINGS:
Section 1. Comprehensive Plan. Before the adoption or amending of
any part of the Comprehensive Plan, the Iowa City
Planning and Zoning Commission shall hold at least one
public hearing thereon, notice of the time of which
shall be given by one publication in a newspaper of
general circulation in the municipality, not less than
seven days or more than 20 days before t e a e of
hearing. After adoption of said plan by the Commis-
sion, a copy shall be forwarded to the Council. If the
plan, or any modification or amendment thereof, shall
receive the approval of the Council, the plan, until
subsequently modified or amended as authorized by this
-section, shall constitute the official city plan of
Iowa City. After the City Council has adopted all or
part of a comprehensive plan, the Planning and Zoning
Commission shall:
(a) Investigate and make recommendations to the City
Council upon reasonable and practical means for putting
into effect the comprehensive plan in order that it
will serve as a pattern and guide for the orderly
growth and development of the city. The measures
recommended may include plans, regulations, programs,
financial reports and capital budgets.
(b) Prepare a biannual report to the City Council on the
status of the plan and progress on its implementation.
(c) Endeavor to promote public interest in and understand-
ing of the comprehensive plan and regulations relating
to it.
aa3�4
(d) Consult with and advise public officials and agencies,
public utility companies, and civic, educational,
professional and other organizations, and citizens
generally, on the implementation of the provisions of
the comprehensive plan.
ARTICLE VII
CONDUCT OF COMMISSION BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representa-
tive, together with s a f assistance shall prepare an
agenda for all regular Commission meetings. Agendas
are to be posted at least 24 hours before the meeting
and shall be sent to Commission members and the media
prior to regular formal meetings.Copies will be
available to the public at the meeting.
Section 2. Minutes. Minutes of all regular formal meetings are to
be prepared and distributed to Commission and City
Council members. Specific recommendations requiring
Council action are to be set off from the main body of
the minutes and appropriately identified.
Section 3. Review Policy. The Commission shall review all
policies and programs of the City, relating to the
Commission's duties as stated herein, and make such
recommendations to the City Council as are deemed
appropriate.
Section 4.' Referrals from Council. From time to time letters,
reques s for information, requests for recommendations,
and other matters are referred to the Commission by the
City Council. The Commission will initiate considera-
tion of each item at the next regular Commission
meeting and shall notify Council of its disposition.
Section S. Attendance at Council Meetin s. The goal of the
omm ss on is to have at leasFone representative at
each regular formal meeting of the City Council. It is
the responsibility of the Chair erson to designate the
method by which this goal is achieved. The Chairperson
or designated representative may also be requeste=o
attend informal Council sessions at which matters
pertaining to the Commission's responsibilities are to
be discussed.
Section 6. Annual Re ort. An annual report detailing the activi-
t es of the Commission shall be prepared by the
Chairman, approved by the Commission, and submitted to
the City Council.
as 3t6
noTTric VTTT
SUBCOMMITTEES:
ARTICLE IX
AMENDMENTS:
7
The subcommittees of this Commission including composi-
tion, duties, and terms shall be designated by the
Chair.
These bylaws may be altered, amended or repealed, and
new bylaws adopted by an affirmative vote of not Less
than four members of the Commission at any regular,
meeting or at any special meeting called for that
purpose. Amendments shall be approved by the Council
to become effective.
Johnson Coul .-y Council of Governmer,
410E �shirgicn & b*a Giy, bvvo 522.40
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Date: November 14, 1984
To: City Manager and City Council
From: Jeff Davidson, Assistant Transportation Planner
Re: Request for Information Pertaining to Madison City Bus System and
Madison Women's Transit Authority
The City has been asked to provide $2270 in CDBG funding for the Iowa City
Women's Transit Authority. This organization is proposing to operate a
nighttime transportation service for women, patterned after a similar
system currently operating in Madison, Wisconsin. Detailed information on
the proposed service is contained in the 1985 CDBG Program Statement which
was included in the November 6 Council packet.
Council has requested information relating the Madison Women's Transit
Authority (MWTA) to the Madison city bus system ("Metro"). There is no
official connection between MWTA and Madison Metro. MWTA sees themselves
as providing a safer alternative for women to late night bus or taxi
transportation.
The City of Madison is 175,000 population and dominated by the State
Capital and University of Wisconsin. By comparison to Iowa City, Madison
Metro operates 141 buses each day at a cost of $11.9 million per year (IC:
18 buses/day; $1.8 million). Service is provided seven days a week from
5:30 AM - 12:30 AM (IC: six days a week; 6:15 AM - 10:30 PM). Local funds
provide 57% of operating expenses (IC: 81%) and ridership is 12 million
annually (IC: 2.5 million). Madison operates seven small buses for
transportation of elderly and handicapped persons plus a supplementary
taxi service (IC: contracts with SEATS for E&H service including a
supplementary taxi service).
MWTA operates on a budget of $176,000 per year, funded 57% from the City
of Madison, 15% from University of Wisconsin parking fees, and 28% from
other sources including a mandatory fee from' University of Wisconsin
students. There are three paid coordinators; all other positions are
volunteer. The service is restricted to women only, as are all staff
positions. Three cars operate from 7 PM -2 AM seven days a week, with
approximately 100 rides provided each night. There is no charge for this
service and no restrictions on trip purpose. Most users are low income.
Feel free to contact me if you have any questions regarding this matter.
cc: Don Schmeiser
bc2
aa3s
Johnson Cour Council of Government~`
�M—__410EVv6shingrcnS[. bAoGty,bvW52240
i i / November 14, 1984
MEMORANDUM
TO: City Manager and Iowa City Council
FROM: Cheryl Min4111uman Services Coordinator
RE: Council requests for information at CDBG Public Hearing
1. Council requested addresses and space requirements for agencies
who are applying for space in a consolidated human services
facility. These are attached, including a map of present agency
locations. Peg McElroy asked that Council note that almost half
of the United Way funded agencies listed are included on the
project.
2. The question of Johnson County funding for MECCA was addressed
in part in Jim Hencin's memo submitted to Council prior to the
CDBG Public Hearing last week. As of 7/1/84, the County is not
mandated to fund any of MECCA's expenditures. Prior to that date
the amount mandated was 25% of the.cost of Johnson County resi-
dents treated at MECCA, based on cost after clients had paid
sliding scale fees. This would have been something less than
$30,000 of the $103,000 allocated by the County. The County has
been funding significantly in.excess of the amount required by
statute.
The source of County dollars for MECCA funds comes from what is
now called the General Supplemental Fund. The "MHI Fund" classi-
fication no longer is used. Funds determined to be needed for
items budgeted in this fund are raised by the County levying a
tax which is applied against property taxes. There is no statute
setting the level of funding generated in this manner.
.;2a36
A
U_
% 1
Mayor's Youth Employment Program
SERVING YOUTH OF JOHNSON COUNTY
9 S. Linn Street • Iowa City, IA 52240
319-337-3020
November 9, 1984
Mayor John McDonald
Civic Center
Iowa City, Iowa 52240
Dear John,
Pursuant to council members request for agencies
interested in the joint human services facility, enclosed
please find my mailing list. The agencies marked with
an asterisk indicate interest expressed in this project.
If I can be of any further assistance, 'do not hesitate
to contact me.
Sincerely,
Peg McElroy, Director
PM/pm
Enclosure
aa3G
Johnson County Association*
�;ed Action For Youth ** �n Victim Advocacy Program
for Retarded Citizens 311N. Linn Street 1.)UN. Madison
1020 S. Williams Blvd. Iowa City, IA 52240 Iowa City, IA 52240
Iowa City, IA 52240
Salvation Army
24 S. Van Buren St,
Iowa City, IA 52240
Iowana Campfire Council
712 3rd Avenue
Cedar Rapids, IA 52404
Domestic Violence Project
P.O. Box 733
Iowa City, IA 52240
i
omm. Coordinated Child CAre **
27 Grant Street
owa City, Iowa 52240
Willowcreek Neighborhood Ctr.
2530 Bartelt Road 1-C
Iowa City, Iowa 52240
American Red Cross +■
Johnson County Chapter
120 N. Dubuque St.
Iowa City, IA 52240
Lutheran Social Services
1500 Sycamore
Iowa City, IA 52240
Goodwill Industries
1410 1st Avenue
Iowa City, IA 52240
Elderly Services of Johnson Co
28 S. Linn Street
Iowa City, IA 52240
Hawkeye Area Boy Scouts
Main Council
320 Collins Rd. N.E.
.Cedar Rapids, IA 52402
HACAP **
,1200 Gilbert Court
Iowa City, IA 52240
MECCA
1701 S. Riverside Dr.
Iowa City, IA S2240
Hillcrest Family Services
727 1st Avenue S.E.
Cedar Rapids, IA 52404
Handicare, Inc.
1918 12th Avenue
Coralville, IA 52241
Mental Health Association
315 East 5th Street
Des Moines, IA 50309
Iowa City Free Medical Clinic Legal Services Corporation of Ia, Iowa Children's E Family Serv,
120 N. Dubuque Street 401 S. Gilbert St, 1101 Walnut,
Iowa City, IA 52240 Iowa City, IA 52240 Des Moines, IA 50309
omm. E Home Health Service ** Big Brothers/Big Sister •*
1115 Gilbert Court 3149 Highway 218 South
Iowa City, IA 52240 Iowa City, IA 52240
Mississippi Valley Girl
Scout Council
1907 Broadway, Suite 4
Iowa City, IA 52240
Geriatric Mobile Dental Unit
N329 Dental Science Bldg.
Univ. of Iowa
Iowa City, IA 52242
Project Hope
1916 Waterfront Drive
Iowa City, IA 52240
Council of International
Programs
321 North Hall
University of Iowa
Iowa City, IA 52242
Iowa City Crisis Center **
Dental Service for
Indigent .
Youth Homes, Inc. **
26 East Market Street
Children of
Johnson Co.
524 Ronalds Street
Iowa City, lA 52240
S202 Dental Science
Bldg,
Iowa City, IA 52240
University of Iowa
Iowa City, IA 52242
School Children's Aid
Independent Living
■*
Iowa City Hospice, Inc.
500 Market Street
Sabin Building
26 East Market
Iowa City, IA 52240
509 S. Dubuque
Iowa City, IA 52240
rnwo r;t,. T, c,,.,,
oCa3�ri
R3
w
Community Coordinated Reception Area (shared)
Child Care Coordinator 120
Care Food
4000 s 5000 Iowa City CNild Administrator Prog50 200
residents Storage 30
4500 z 5500 Johnson Co. Conference Room (shared)
residents
AGENCY SPACE REQUIREMENTS
200 United Action
(+ an for Youth
additional
200 sq. ft. United Way
Child care
Resource
Center if a
Dec. grant)
200 1
(not essence
Keaany accessib
Free parking.
Shared printing,
Word Processing,
Weekly Computer.
Projected 2400 I
Both positions (Coord.
8 Admin. are part-time
20-30 hrs./wk.
Iowa City Crisis
Intervention Lenter
Reception Area 200
Lall Roan 168
DAY
Telephone
Current annual rent
walk-in
Dlr. Office I2D 2000 1800
Assist. Dir. 120
Youth Names
United Way
Daily
counselling serv.
Info. 6 Referral
Coordinators I50
Red Cross
Food Bank
Counselling Roans 300
Food Bank Storage 300
(not essential 1
Emergency Assist.
Accessibility for
Storage 300
Handicapped
Wark-study area 150
Computer needed
Parking
Confidentiality
Independent Living
Office 120
Large mill, roan (shared)
Crisis [enter
Current annual renti
Accessibility for
4 work areas for 536 364
tutoring
Mayor's Youth
(not essential)
Weekly
Handicapped
180
Kitchenette (shared)
Privacy
Storage 64
Access to shared
Conference shared
typewriter with
Staff roan 11
correction
Shared
Shared printer
*Does not include circulation or service requirements - functional space only.
1A
tD
W
bi
t
r�.
Johnson Cour I�y Council of Governm�
f% 4I0 EVXhmgtm St. bAa CiV bAu 52240
Date: November 14, 1984 /
To: Chamber of Commerce Parking committee
From: -John Lundell, Transportation Planner r%
Re: Downtown Parking Study
Since we have not met for a while I wanted to bring you up to date on the
status of the parking study. This project continues to be my major work
activity. The firm of Rich & Associates provided the City a preliminary
draft of the demand study two weeks ago. This draft primarily contained all
the data which has been collected over the sumner and fall. The data
includes results of the pedestrian survey, student
survey,
man nvensurvee,
employee survey, parking turnover study, parking
caroperating
In data
oito from
he ity aand
cy University. The staff has
efully t
The study is presently experiencing some delay while we await additional
information from the University. We feel it is critical to receive this
information in order to accurately quantify the impact of the University on
the parking system. The data should be forthcoming very soon. Hopefully the
draft demand study will be available for you and the City Council to review
in a couple weeks.
e to
in9theidowntown, previous
Citydiscussions
receivedthe
proposalefrom Hansenparking
Meyernfor
such a study. Due to the time which the staff has spent on the demand study,
we have not yet discussed the signage proposal. However, we will be review-
ing it in the near future.
that the parking study remains the Number 1 priority
time is being expended on it. I will continue to keep
provide you with draft information when it is available.
Please be assured
considerable staff
informed and will
and
you
Thank you and please do not hesitate to contact me with any questions or
comments.
cc: Rick Rich
Dave Roe
Neal Berlin
/sp
-qa.37
"Aty of Iowa City
MEMORANDUM
Date: November 7, 1984
To: Neal Berlin
From: Anne Carroll
Re: Affirmative Action Goals - FY85
As is required by the City Affirmative Action Policy, attached please find
the affirmative action goals established by all City departments for FY84,
the record of progress towards goal accomplishment during this period, and
the year end Affirmative Action report.
Overall measures of the City of Iowa City's progress include the following:
1st
FY83 FY84 Qtr.
Applicant Pool
Minority Representation:
Workforce Minority
Representation:
Permanent Employees
Temporary Employees
Combined
Iowa City
6.4%
6.4%
6.8%
4.4%
5.0%
5.6%
5.3%
4.6%
5.1%
4.6%
4.8%
5.4%
(SMSA) Labor Force 4.1% Minority Representation
Minority Representation
(Source: 1980 Census)
A number of specific measures of individual departments' progress towards
achievement of Affirmative Action goals.
/sp
C�
Administration - City Manager and City Clerk Offices, Legal and Human
Relations Department
Goal: Administrative Departments will take Affirmative Action in continuing
to provide leadership and assistance to all other City departments in
furthering their accomplishment of Affirmative Action goals, in the
day-to-day operations of the Affirmative Action program, and in fulfillment
of the responsibilities specified under the Affirmative Action Policy.
First Quarter: Ongoing. Preparation of Affirmative Action training
schedule initiated in the first quarter.
Goal: Administrative Departments will continue to provide leadership in
promoting the City as an Affirmative Action employer.
First Quarter: Non-structural and structural handicapped accessibility
changes approved for implementation by City Council.
Goal: Administrative Departments will strive to maintain representation of
women and minority group members in professional and administrative positions
at levels above those found in the labor market.
First Quarter: One Legal Intern's position occurred and was filled by a
white male.
Goal: As professional vacancies arise, Affirmative Action will be taken to
recruit women and minority group members on a national basis, utilizing
minority skills banks where possible.
Ongoing. No vacancies occurred in the first quarter.
Goal: As clerical vacancies arise, Administrative Departments will take
i Affirmative Action to recruit and hire minority group members into such
positions.
First Quarter: One white female was hired through the Mayor's Youth
Program. One white male was hired through the Work Study
Program.
Goal: Administrative Departments will take Affirmative Action to employ the
p sysy ically and mentally handicapped.
First quarter: No hires of the physically or mentally handicapped were
reported.
a X39
Affirmative Action G,�; FY85
Page 2
Finance Department - Accounting, Treasury, Purchasing, Word Processing
Divisions
Goal: The Finance Department will take Affirmative Action to recruit and
hire minority group members and the handicapped into temporary and entry
level permanent clerical positions.
First Quarter: One mentally handicapped white female was hired through
the Work Experience Program. One non -handicapped minority
male was hired through the Mayor's Youth Program. One
non -handicapped white female was hired through the
Community Work Experience Program.
Goal: The Finance Department, working in conjunction with the Human Rela-
tions Department, will provide skills training to enable current female
employees to become interested in and qualify for promotional opportunities.
First Quarter: Training scheduled planned for the second quarter.
Affirmative Action L..is - FY85
Page 3
N
Parking Division
Goal: The Parking Systems Division will continue to take Affirmative Action
to recruit and hire women, minority group members and the handicapped into
entry level positions.
Entry level position representation -
Cashier, Parking Enforcement Attendant, Maintenance Worker I
First Quarter: Temporary Employee Representation - 66.7% white male (2);
33.3% white female (1). No report of handicapped status
among current employees.
,�'a3o'?
1st
Quarter
White Male
21%
White Female
58%
Minority Male
13%
Minority Female
8%
First Quarter: Temporary Employee Representation - 66.7% white male (2);
33.3% white female (1). No report of handicapped status
among current employees.
,�'a3o'?
Affirmative Action a "I's - FY85 r"i
Page 4
Equipment Service Division
Goal: The Equipment Service Division will take Affirmative Action to recruit
and hire women and minority group members as temporary and federally funded
employees.
First Quarter: One white male was hired through the Community Work
Experience Program.
Goal: The Equipment Service Division will take Affirmative Action to recruit
and hire women and minority group members into entry-level mechanic posi-
tions.
First Quarter: One Mechanic I vacancy occurred and was filled externally
by a white male.
as 3a'
Affirmative Action G ^s - FY85 .
Page 5
Parks and Recreation Department
Goal: The Parks and Recreation Department, working in conjunction with the
Human Relations Department, will take Affirmative Action in recruitment to
increase the pool of minority applicants for positions with the Parks and
Recreation Department to 6%.
First Quarter
Representation: Permanent - 12.5% (1)
Maintenance Worker II/Forestry - 12.5% (1)
Temporary - 5.2% (12)
Cemetery/Forestry - 4.8% (1)
Recreation - 5.2% (11)
Goal: The Parks and Recreation Department will take Affirmative Action in
hiring to increase the representation of minority group members hired as
temporary employees to 5%.
First Quarter: 5.1% (male and female) (16).
Goal: The Parks and Recreation Department will take Affirmative Action to
recruit and hire increased numbers of women and minority group members for
Maintenance Worker positions with a goal of 2% minority group members and 10%
female representation.
Female Representation
First Quarter
Minority Representation
MWIII/ MWI/II
Sr. Main. Wkr.
0%
Total Maintenance
Worker Representation
5.3%
First Quarter: There are no minority group members currently employed as
Maintenance Workers. One Maintenance Worker II vacancy
occurred during the quarter and was filled internally by a
white male.
Goal: The Parks and Recreation Department will take Affirmative Action to
employ the physically and mentally handicapped.
First Quarter: No hires of the physically and mentally handicapped were
reported.
Goal: The Parks and Recreation Department will work, through public rela-
tions, educational endeavors, and by increasing the public visibility of
current women and minority group employees, to promote the entry of women and
minority group members into park and recreation training programs and
careers.
Ongoing.
Affirmative Action Gu.is - FY85
Page 6
Police Department
Goal: The Police Department will take Affirmative Action, within the Iowa
City community and surrounding areas, to vigorously recruit women and
minority group members for the position of Police Officer, with a goal of 11%
female and 5% minority representation.
First Quarter: 9.5% Female; 4.8% Minority.
Goal: The Police Department will take Affirmative Action to provide training
opportunities to current minority and female Police Officers to enable them
to qualify for promotional opportunities.
Training is ongoing.
Goal: The Police Department will take Affirmative Action to hire minority
group members into the position of Clerk/Typist-Front Desk to assist in
promoting good relations with the minority community as vacancies arise.
First Quarter: No vacancies occurred during this quarter.
Goal: The Police Department will work through public relations, educational
efforts and the ride -along program to promote the interest and entry of
female and minority group'members into the law enforcement field.
First Quarter: Vacancies are currently being filled from the existing
Civil Service lists established following a vigorous
recruitment campaign to encourage applications from women
and minority group members. A white female was certified
for future placement.
Goal: The Police Department will take Affirmative Action to employ the
physically and mentally handicapped in clerical support areas as vacancies
arise.
Ongoing.
aaa9
Affirmative Action L .s - FY85
Page 7
Fire Department
Goal: As Firefighter vacancies arise, the Fire Department will continue to
assist in a vigorous recruitment campaign to encourage applications from
women and minority group members.
Vacancies are currently being filled from the existing Civil Service lists
established following a vigorous recruitment campaign in Spring, 1983.
Goal: During FY85, training for all department employees and officers will
be conducted which will provide a forum for discussion of Affirmative Action
issues and responsibilities.
Goal: Prior to the employment of a woman or minority group member as a
Firefighter, special training sessions will be conducted by the Human
Relations Department with all Fire Department command staff, to acquaint them
with their special Affirmative Action responsibilities.
Training program planning completed for implementation in the third
quarter. No women or minority group members are eligible for hire in the
immediate future.
aa3Op
Affirmative Action Gt,-.s - FY85
Page 8
Public Works Department
Engineering Division
Goal: The Engineering Division will take Affirmative Action to recruit and
hire minority group members into Engineering Technician positions, as
vacancies may arise.
First Quarter: One Engineering Technician vacancy occurred and was filled
externally by a white male.
Goal: During FY85, the Engineering Division will take Affirmative Action to
recruit and hire one woman or minority group member into a summer temporary
position if vacancies arise which are not filled by returning employees.
First Quarter: One white male was hired as an Engineering Intern.
Water Division
Goal: The Water Division will continue to take Affirmative Action to
maintain or exceed 20% female representation in Assistant Treatment Plant
Operator and Treatment Plant Operator positions.
First Quarter: 20% female representation.
Goal: The Water Division will take Affirmative Action to recruit and hire
women and minority group members into Maintenance Worker I and II positions
and Assistant Treatment Plant Operator as vacancies arise.
First Quarter: No Maintenance Worker or' Assistant Treatment Plant
Operator vacancies occurred during this quarter.
Pollution Control
Goal: The Pollution Control Division will take Affirmative Action to recruit
and hire women and minority group members into Maintenance Worker II,
Assistant Treatment Plant Operator, and Treatment Plant Operator positions as
vacancies arise, with a goal of 10% female or minority group representation.
First Quarter: 0% female; 11.1% minority. No vacancies occurred.
Goal: The Pollution Control Division will take Affirmative Action to recruit
and hire women and minority group members into temporary positions or
positions filled in conjunction with the Kirkwood Community College training
program.
First Quarter: No job placements from Kirkwood Community College occurred
during this quarter.
a�3Fl
Affirmative Action GuuIs - FY85
Page 9
Goal: The Pollution Control Division will take Affirmative Action to recruit
women and minority group members into part-time Laboratory Technician
positions as vacancies arise.
First Quarter: One Laboratory Technician vacancy occurred and was filled
by a white male. Representation: 100% white male (3).
Streets/Sanitation
Goal: The Streets/Sanitation Division will take Affirmative Action to
recruit and hire women and minority group members as temporary employees with
a goal of 5% female and 5% minority group representation.
First Quarter: Two white males were hired as temporary employees. Total
Temporary Employee Representation: 100% white males.
Goal: The Streets/Sanitation Division will continue to provide training and
career counseling to current minority and female employees to enable them to
qualify for promotional opportunities.
Ongoing.
Traffic Engineering
Goal: The Traffic Engineering Division will take Affirmative Action to
recruit and hire female or minority group members into Maintenance Worker II
positions, as vacancies arise.
First Quarter: One Maintenance Worker II vacancy occurred and was filled
externally by a white male.
a.23a
Affirmative Action 6,,,,1s - FY85
Page 10
Transit Division
Goal: The Transit Division will strive to maintain a position of leadership
5—the utilization of women and minority group members as Transit Drivers and
Maintenance Workers.
Transit Driver: 1st
Quarter
White Male 65.2%
White Female 19.6%
Minority Male 13.0%
Minority Female 2.2%
Gaal: The Transit Division will take Affirmative Action to recruit, hire and
retain women and the handicapped as night crew maintenance workers.
Race/Sex of 1st
MWI 8 II Quarter
White Male 75%
White Female 0%
Minority Male 25%
Minority Female 0%
First quarter,; One minority male was hired as a temporary on the night
maintenance crew. One white male was hired through the
Community Work Experience Program. No report of handi-
capped status among current employees.
goal: The Transit Division will continue to take Affirmative Action to serve
ie public courteously and efficiently without regard to race, creed, color,
sex, ancestry, religion, age, sexual orientation, marital status, mental or
physical handicap or disability.
Ongoing.
aa3S'
Affirmative Action G� .s - FY85
Page it
Planning and Program Development Department
Goal: The Planning and Program Development Department will take Affirmative
Action to provide internship opportunities to women and minority group
members with a goal of 30% female representation and 5% minority representa-
tion.
Intern Representation: 1st
Quarter
White Male 38.5% (5
White Female 30.8% (4
Minority Male 15.4% (2
Minority Female 15.4% (2
13 interns
employed
Goal: As vacancies arise, the Planning and Program Development Department
wi7T take Affirmative Action to recruit women and minority group members for
Associate Planner, Sr. Planner and Coordinator positions on a national basis,
utilizing minority skills banks where possible.
First Quarter: One Senior Planner vacancy occurred and was filled
internally by a white female.
Goal: The Planning and Program Development Department will continue to
provide career counseling and training including attendance of workshops,
seminars and University courses to enable current female employees to qualify
for promotional opportunities.
Ongoing.
a,:?3f
Affirmative Action 6. -is - FY85
Page 12
Housing & Inspection Services Department
Goal: The Housing & Inspection Services Department will take Affirmative
Action to recruit and hire qualified minority group members into positions as
Housing or Building Inspectors, as vacancies arise.
First Quarter: One combination Building Inspector vacancy occurred and
was filled externally by a white male.
Goal: The Housing & Inspection Services Department will take Affirmative
TM on to recruit and hire minority group members into clerical and parapro-
fessional assistant positions in the Housing Division.
First Quarter: One white female was promoted into a reclassified parapro-
fessional position.
Goal: The Housing & Inspection Services Department will continue to encour-
age the professional development of female paraprofessional and technical
employees through attendance of workshops, seminars and University of Iowa
courses to enable them to qualify for promotional opportunities.
Ongoing. On-the-job training and external training seminars are provided.
Goal: The Housing & Inspection Services Department will take Affirmative
mon to employ the physically or mentally handicapped and minority group
members in temporary positions.
First Quarter: One minority male was hired to fill a contractual position
this quarter. No report of handicapped status among
current employees.
Goal: The Leased Housing Division will continue to maintain offices and
public housing facilities which are accessible to potential handicapped
employees and members of the public.
Ongoing.
a.�3e
Affirmative Action G. s - FY85
Page 13
Senior Center
Goal: The Senior Center will continue to encourage the professional develop-
ment of current female professional staff through attendance of workshops,
seminars, and University of Iowa courses.
Ongoing.
Goal: The Senior Center will take Affirmative Action to recruit and hire
members of minority groups or protected age categories into temporary and
permanent clerical positions.
First quarter: One Senior Clerk Typist vacancy occurred and was filled by
a minority female.
Goal: The Senior Center will take Affirmative Action to recruit and hire
females, minority members and the mentally handicapped into temporary
positions.
First quarter: No vacancies occurred during this quarter.
Goal: The Senior Center will take Affirmative Action to provide members of
protected age categories with meaningful volunteer employment opportunities
that would provide training for permanent employment.
First quarter: Volunteer Representation - 98.7% white females (156); 0.6%
minority female (1); 0.6% minority male (1).
Affirmative Action budls - FY85
Page 14
Library
Goal: The Iowa City Public Library will take Affirmative Action to increase
the representation of minority group members on the library staff.
Ongoing.
Goal: As professional vacancies arise, Affirmative Action will be taken to
recruit minority group members on a national basis.
First Quarter: No professional vacancies occurred during this quarter.
Goal: As clerical and para -professional vacancies arise, the library
administrative staff will take Affirmative Action to recruit and hire
minority group members into such positions.
First Quarter: 100% white males and females were hired into Library Clerk
and Senior Library Clerk positions.
Goal: Because of the frequency of transfer and recruitments from temporary
anrvolunteer jobs to permanent positions, the Library will make special
efforts to recruit and hire minority group members into these positions.
First Quarter: 55.6% white females; 22.2% males; 11.1% minority females;
11.1% males were hired into temporary and volunteer
positions.
Goal: The Library will take Affirmative Action to employ the physically and
mentally handicapped.
First Quarter: Two mentally handicapped persons were employed as volun-
teers.
a.23F.
amity of Iowa City
MEMORANDUM
Date: November 13, 1984
To: City Council and City Manager
From: Chuck Schmadeke i
Re: Intersection Improvements - Melrose Avenue and Byington Road
A meeting was held on November 7, 1984, between University of Iowa staff
and City staff to discuss proposed improvements at the intersection of
Melrose Avenue and Byington Road to better accommodate traffic traversing
through the intersection and traffic entering and exiting from the new Law
College parking lot.
Those in attendance were Ray Mossman and Dick Gibson from the University
of Iowa and Chuck Schmadeke, Frank Farmer and Karin Franklin from the
City.
As a basis for agreement, those in attendance at the meeting recommended
the following approach be utilized to ensure a timely construction
schedule and appropriate cost sharing:
1. The University will be responsible for all storm sewer construction
costs.
2. The City will be responsible for the Melrose Avenue/Byington Road
paving construction costs.
3. The University will provide all necessary additional right-of-way.
4. The University will be responsible for design and inspection services.
The City's cost is estimated to be $23,500 and the University's cost is
estimated to be $18,500 plus the additional right-of-way. The improve-
ments consist of a larger radius as at Byington Road and Grand Avenue
along with the necessary storm sewer improvements.
Upon direction from City Council, staff will pursue an agreement with the
University of Iowa.
tp5/8
2A37
=Ity of Iowa City' l
MEMORANDUM
Date: November 13, 1984
To: City Council
From: Iowa City Airport Commission
Re: Clear Zones - Critical Areas
As the City of Iowa City continues to grow around its airport, specific
action needs to be taken to ensure the continued safety of the people
living in the vicinity of the airport as well as the travelers using the
Iowa City Airport.
The most critical areas around the airport are in those trapezoidal areas
off the ends of each runway known as "Clear Zones". These areas vary in
length and size depending upon the published usage for that runway, i.e.
visual or instrument approach. Currently the Iowa City Airport has four
runways with published instrument approaches. These runways are 30, 35,
06 and 24 and have clear zones 1700 feet in length (except for runway 6,
which has a clear zone length of 2700 feet to protect it for its planned
future extension) Runways 17 and 12 are visual approach runways with
clear zones 1000 feet in length.
The best approach from a safety 'standpoint would be to purchase the clear
zones in their entirety immediately. However, financial constraints make
this alternative infeasible. Therefore, priorities must be established.
We recommend that the areas within the Clear Zones that should be pro-
tected to the maximum extent possible are the first 1000 feet of each
clear zone that is closest to the end of the runway. The acquisition of
land in clear zones is eligible for 90% reimbursement by the FAA, however,
irrespective of the FAA's willingness to participate on a 90/10 basis,
this area should be acquired as soon as possible.
There are a number of reasons for establishing the first 1000 feet as the
high priority area. First, 1000 feet is the minimum distance established
by the FAA for visual approach runways. This area is the most critical
area for landing and departing aircraft, should there be an engine
failure. It is essential that these areas be kept as clear (free of all
structures) as reasonably possible. Secondly, with the established
approach slopes for the runways we would have close to a 35 foot ground
clearance over each property at the 1000 foot point. When uses are
limited below the 35 foot limit, as our existing zoning ordinance does, it
is possible to receive claims of inverse condemination.
Realizing that it is not financially feasible to purchase all the proper-
ties in the first 1000 feet of each clear zone, a reasonable approach
would be to curtail any new development in this area by purchasing the
undeveloped areas immediately.
as �Zz
Page 2
In evaluating areas that would be affected by taking this approach, please
consider the following: (refer to the attached map)
1. Runway 24: The 1000 foot critical area terminates in Sturgis Ferry
Park on the north (owned by the City), crosses the Iowa River and ends
its southern boundary in the lake owned by Tom Kennedy. There does
not seem to be indication that there would be future development in
this area. There are 2.5 acres in the north part of this section not
owned by the City, where the Airline Motel and Trailer Court is
located that may be developable. The majority of that area is
developed to the fullest extent.
Runway 30: The 1000 foot critical area terminates on its northern
side over the property owned by Plumbers Supply and is adjacent to the
Crandic Railroad line and ends its southern end 200 feet southeast of
the intersection of Highway 218, Riverside Drive and Commercial Drive.
This area seems to have been developed to its fullest potential,
except for possible future expansion of Plumbers Supply and the corner
just south of the entrance to Commercial Drive. There are approxi-
mately four acres in this area.
3. Runway 35: The 1000 foot critical area ends just south of the
Colonial Lanes Bowling Alley at the intersection with Highway 218 and
extends westerly across the Quarry Lake owned by John Stevens. The
only developable area in this section is a very small parcel along
Highway 218 south of the Bowling Alley and any possible expansion of
the west side of the bowling alley. There are approximately 1.5 acres
undeveloped, one acre developed and 11 acres of lake.
4. Runway 6: The end of the critical area ends in the middle of the
field owned by John Dane, but this area is in the process of being
acquired as part of the Airport Compliance Project. The next 1000
feet in this area is of prime concern because, that will be the area
that will need to be protected until the runway is extended as
specified in the Iowa City Airport Master Plan. The area along both
sides of Dane Road is developable property and contains 11 acres that
is currently used primarily as farming ground. Two acres are devel-
oped as a trailer court.
5. Runway 12: The critical area lies on property owned by Charles
Ruppert and ends adjacent to the new Highway 1, west of the airport.
The area along the highway is of prime concern because it is zoned for
Commercial Development and may be developed in the near future. This
entire area is currently being used for farming operations and
contains 12.4 acres.
6. Runway 17: The critical area ends at the north boundary along Highway
1, of the currently developed property owned by Ken Ranshaw, Garry
Slager and Barker Construction. Most of this area is developed to its
fullest extent, except for the area south of Ranshaw's apartments, in
which area he requested to install mini -warehousing and office space.
This area contains only a small amount of property that is not already
developed, approximately 2 acres.
1.?�? $"
Page 3
CLEAR ZONE
24
30
35
6
12
17
TOTAL
HIGH PRIORITY IN 1000' CRITICAL AREA
IN ACRES
FARMLAND
11 (lake)
11
12.4
34.4
DEVELOPED LAND
2.5
4
1
2
7.8
17.3
UNDEVELOPED LAND TOTAL
2.5
- 4.0
1.5 13.5
- 13.0
- 12.4
2.0 9.8
3.5 55.2
The area that we are recommending for immediate acquisition (37.9 acres)
to protect the airport from future encroachment is currently being used as
farm ground (34.4 acres) and undeveloped property (3.5 acres). Now would
be an ideal time to acquire the property before plans are developed to
commercialize it. The FAA has indicated that they consider acquisition of
Land for Clear Zones to have their highest funding priority (after Crash
Fire Rescue equipment for Air Carrier Airports). All of the land de-
scribed above would be eligible for funding under the FAA's 90/10 funding
program.
The remaining portions of the Clear Zones not being immediately purchased
(that is, the remaining 700 feet of the 1700 foot clear zones and the
developed areas of the first 1000 feet of all clear zones) should be
considered for future acquisition. We recommend that these areas be
acquired only with prior approval by the FAA through a grant application
for 90/10 participation.
Because of the strict limitation of uses in the Clear Zones, some communi-
ties have adopted policies whereby the City will purchase any property in
the Clear Zone at appraised value if the property owner elects to sell.
This action shows the FAA that actions are being taken to reduce the
congestion in the clear zones but prevents the city from having to go
through costly condemnation proceedings. While we are not recommending
this action be taken at this time, it is perhaps worthy of future consid-
eration.
bc2
,'?'? +4;:)
a
City of Iowa City
MEMORANDUM
DATIi November 20, 1984
TO: Iowa City City Council
FQW: City Clerk Marian Karr
REI Liquor Sunday Sales/Conditional Approval
Conditional approval was given at the July 3rd., 1984 Council
meeting to Vito's, 118 East College for Sunday Sales/Liquor License.
They have submitted, after the 90 -day period, the required
information which allows them to retain their license.
Aa V-/
SOUTHEAST'"A
MUNICIPAL _
RECEI�'c� 1984
SOUTHEAST IOWA MUNICIPAL LEAGUE
Sec.Mean. P.O. Bos 268 Keokuk, IA .62632
November 5, 1984
ATTENTION CITY OFFICIALS FROM SOUTHEAST IOWA
The next meeting of the Southeast Iowa Municipal League will be
held at the -
Holiday Inn
4th b Main, Keokuk
Wednesday, December 5, 1984
THIS WILL BE OUR ANNUAL MEETING THAT WILL INCLUDE A HOLIDAY
DINNER. WE ENCOURAGE YOU TO BRING YOUR SPOUSE AND PARTICIPATE
IN A ROAST BEEF AND TURKEY BUTPET--
PRUIDLNI:
MAc LAw
MA10C 0, CCOCYC
VIR PRTSIDLNT
RozzaTRAimusuN.
•A,OM a, ,AII1I9LO
DIRAIOat
MICNALLxATIrnr.
M1,O1 01 COAAIYIUt
PNILPALYLIL
COUNCILMAN. GRIMMIII
DONALD PLATT.
MATO. 0, MUICATIMt
c. A. WunAWs.
..,c1 O, MI. Leiva,
VIRGINIA WOOOLLY.
01100 01 OOMNILLIO.
The social hour will begin at 5:00 P.M. followed by a.meal at 6:30 P.M.
We will follow with the election of offices for the next fical year. The
City of Keokuk will provide the program for the evening and also offer
several door prizes.
Bob Harpster, Executive Director of the League of Municipalities will be
present to visit with members along with addressing the group on legislative
matters.
We thank Mayor Donald Platt and the City of Muscatine for hosting the
league in October. Many of the members enjoyed the ride on the Mississippi
river aboard the Kent Feed boat.
Mark your calendar so that you can be apart of the annual meeting.
Sincerely,
A. Finerty, Se , Tre4s.
SoJL'
utheast Iowa Municipal League
aa��
RJ!"W41UN - 64UTNIB6T IOWA 11✓e�PAL CLRGUt
t. fill out and mall by 4ecember )rd to facilitate a mut count.
Mail to Jack Plnerty, City Clerk, P. U. Boa 268 6etkuko lows
52652. Or telephone 517-534-7050.
These people will attend the annual meeting on weconxr 5, 1744,
Name Title
2.
1.
4.
5.
CITY Zip _ Phone
.?A I/-.?-
IN THE IOWA DISTRICT COJF.T IN AND FCR J) -::EC!' CO::ia'
HO?:E TOWN DAIRIES,
Plaintiff,
v.
CITY OF IOWA CITY,
IOWA,
Defendant
-cp 47187
FINDIIiGS OF FACT,'.'_ -
CONCLUSIONS OF LAW,'
AND DECREE
Com- rJ
This matter came on before the undersigned for
trial, and the receipt of evidence was completed and the
cause submitted on June 22, 1984. Plaintiff appeared by
Its officers,James Swaner and Wendell Meggitt, and by I"
attorneys, William L. Meardon and Angela 11. Ryan. Defender.-.
appeared by its attorneys, Robert W. Jansen, City Attcrney,
and Richard J. Boyle, Assistant City Attorney. Evidence
was taken, briefs, arguments, and proposed findings of fast,
conclusions of law, and decree were received, and the cause
was submitted.
FINDINGS OF FACT
The Court, having examined the files and records
herein and having heard the evidence and statements of ce•:r.sel,
finds that it has jurisdiction of the parties and of the
subject matter.
A brief statement of the history of this case appears
to be in order. On May 19, 1982, plaintiff filed a petiticn
for declaratory judgment and injunction in which it a:leEed
that the large-scale non-residential development (LS::FA)
ordinance of the City of Iowa City was not applicable to
' �s03
plaintiff as an existing business. Plaintiff subsequent,-
'_Sed cath the LSMRD ordinance and this issue was thus u
;—
noot before the time of trial.
�
On June 9, 1982, plaintiff amended its petit'% :h
adding five divisions. Plaintiff challenged the validity of
' the Iowa City noise ordinances enacted May 30, 1982, on the
ground that it was unconstitutional and asked that defendant
be enjoined from enforcing it against plaintiff. Plaintiff
alleged interference with its property and business rights
and alleged inverse condemnation. Plaintiff asked that a
master be appointed pursuant to IRCP 207.
On August 4, 1982, plaintiff's application for the
appointment of a master was denied.
By agreement ofthe parties, the issue of inverse
condemnation has been deferred until this Court rules or. czher
divisions of plaintiff's petition.
On May 9, 1983, plaintiff filed its second amendment
to petition by making application for a temporary injunet'01
to enjoin defendant from enforcing its stop work order interfering
with plaintiff's construction.
On May 23, 1983, the Court granted the temporar;:
injunction.
On January 25, 1984, plaintiff filed its third
amendment to petition in which it alleged that the rezoning
of plaintiff's property to special exception constituted a
"taking" of property rights without compensation In vio:aticn
of 42 USC Section 1983,
Thus, the Court finds that the following matters
are sutmitted for determination at this trial: The validity
-2-
a.? �43
of the Iowa City noise ordinance; the validity of the Iona Ci;y
zoning ordinance (a) in respect to the means and method' ty •,aich it
was adopted, and (b) Its validity as applied to this pla•nt'If;
the claim of plaintiff against defendant arising from an alleged
violation of plaintiff's rights as provided for in 42 USC
Section 1983 U.S. Code. The Court will address these issces 'not 1,
that order) but will set out some facts which appear topaz; _
generally to all aspects of this case.
The Court finds that Home Town Dairy has beepa;e4z--pF,
at its present location for more than fort K _
y years. pt< -y3 -,".me
Of original construction, the dairy was a conforming usF anc—it
was located in a largely undeveloped area. Through the years,
Home Town expanded Its facility and changed its operation to
reflect changes in the business. Plaintiffs introduced
testi-mony which was not contested indicating the dairy business i,
very competitive and a company must be prepared to adapt ;uickly
to changes in the market and changing health or safety stsrdards,
Plaintiff is in the business of processing raw milk into fluid
milk products for consumers. It pasturizes, processes, packages,
and bottles and distributes fluid milk and fluid milk products.
Plaintiff also distributes other dairy products such as ecttage
cheese, yogurt, dip, sour cream, and half and half, Its ma;or
customers are super markets, It no longer makes direct hcme
deliveries.
The property upon which plaintiff is located consists
of about 4,7 acres of land at the corner of North Dodge Street
(Iowa Highway 1) and Prairie Du Chien Road in Iowa City, _owa.
Plaintiff owned two single family houses and some vacant _and
along the north side of Its operating property, Within to area
a0?sZ,3
.t occupies, plaintiff owns all but three single family
structures which front on Dodge Street, the streets and
and the land upon which a city water tank is located. c•:g
the years residences have beer. constructed in proximity t- the
existing dairy and residents have, from time to time, filed
complaints regarding noise and traffic from the dairy operation..
Plaintiff's property is, and at least since 1962, has 3eflf.,
located in an area designated as highway commercial (CB'ri(dfr
the 1962 zoning- ordinance, and CH -1 under the 1983 zoriivkg
Z I
ordinance). Plaintiff's pro"erey appears to be bisec4iz�&G •moi
narrow city street (St. Clement's Street) and an alley (!t.
Alley) and surrounds an existing city water department tank..
St. Matthew's Alley abuts the tract on the east. Plaintiff's
property immediately north of St. John's Alley, between Prairie Du
Chien and St. Clements Street, is now zoned RS -5 and was tome!
RlA under the 1962 zoning ordinance. Both are single family
residential zones under the new zoning ordinance adopted ty the
City of Iowa City, Iowa, on or about December 20, 1983. Prior
to the adoption of the city's new zoning ordinance, "creamery"
w•as a permitted use in the CH -1 zone. In the original zoning
commission draft of the proposed new zoning ordinance for the
City of Iowa City "dairy products processing and packaging"
vas a permitted use in the highway commercial (CH -1) zone
and most of plaintiff's property was shown on the zoning =ap
as being located in that zone. Later, and without referrirg
the change back to the zoning commission, the city counei_,
after hearing objections of some of plaintiff's neighbors,
elected to amend the proposed zoning ordigance as said zoning
ordinance was submitted to it by the Iowa City Zoning Ccr.: iseicn
-4-
to classify "dairy products processing and packaging" as i
special exception in the CE -1 zone. The city council at the
same time made other changes in the zoning ordlrarce as;re;•crud
I
ii
to it by the Iowa City Planning and Zoning CommLission i:��:a'.i' �
•P u
referring the ordinance back to the Convnission for furtJS :J
examination, report, and hearing. am -
No additional public hearings vere had, after rot:ce, in
respect to the adoption of the new zoning ordinance (as r..odified`
by the City prior to Its final adoption. The City urges thj
Court to find that the numerous changes it made in the text cf the
Proposed zoning ordinance(as recommended by the Planning snd
Zoning Commission) including the change in plaintiff's classifi-
cation, was not a major or substantial chance in the conte,.-
of the entire ordinance being considered. But in light of all
•
-of the evidence, and considering the fact that plaintiff's
operation is the only dairy or creamery operation in the :izy
of Iowa City, Iowa, and taking into account not only the fact
that such a change In zoning classification would have or. the
plaintiff and others whose classifications were changed, tut
also the effect that the change in classification may possibly have an
i
the public at large in regard to availability of dairy products
In the community from a local source, it appears to the Court
that, in fact, a major change did take place and that the ;reposed
zoning ordinance, at least to the extent of the changes ride in
It by the City after it was received from the Iowa City P-anning
and Zoning Commission and recommended by the Commission fzr
adoption, should have been referred back to the Planning and
Zoning Commission for additional review and hearing prior to the
ad:ption of these major changes by the City Council. ''he --curt
a.R4L3
r
bases its .^lndings in respect to such matters on all of t'. -.e
E':idence 1 this case whether specifically referred to wrairi •�
cr otnerwise. As a consequence, the Court finds that s»:ek
ptrtions or the zoning ordinance as were amended to chr <
, J
zoning classification of plaintiff and others without sem;=r
back to the Planning and Zoning Commission are invalid ani
that the City should be enjoined from enforcing any of such
provisions against the plaintiff. It 1s to be noted that site
ordinance as proposed for adoption by the Planning and Zoning
Commission would have left the plaintiff in approximately the
same position in respect to zoning as it had been previcusly.
Consequently, members of the public and others, besides plaintiff,
rho night have had some interest in a change in the zoning ordinance
which could threaten the continued existence of the plaintiff's
business in the community had no notice of such change in the
ordinance and no opportunity for any input in connection therewith.
The City, the plaintiff, and some of plaintiff's
neighbors have a long history of involvement in connection. xi:h
Plaintiff's operation of its dairy business at its present
location. Neighbors complain principally of the noise and traffic
associated with plaintiff's operation, It is quite clear that :he
City has, on many occasions, entertained and considered otjectizrs
raised by neighbors in respect to plaintiff's business an_ it
appears that it has made some modification in regard to ordinances
adopted by it so as to accommodate some of the neighbor's ccr..Plsints.
There has been introduced into evidence statements made b•, :11-y
Council members at an informal council meeting held Novemter 3,
1983, which seem to indicate that some council members believe
that any expansion of plaintiff's business should be preven.ei
and that the adoption of an amendment to the proposed new ::ring
-8-
as
ordinance which would make plaintiff's business a specia=
exception would also make it Impossible for such buslse'33
be continued by any other entity at that location.=..'I ?^u
insists that such statements and other conduct on the t:i ; o �•�
otner City officials when taken together show such an ami=cs _—
against plaintiff that it indicates the City officials cc:sp rsd
together to deprive the plaintiff of certain constitutional
rights in violation of 42 USC Section 1983 of the U.S. Ccde,
Although the record shows that plaintiff's efforts to make
changes in its operation which plaintiff deemed necescary to
co-ply with city, county, and state health standards and ;c
male other changes to facilitate its operation have been
subjected to long delays and, at times, thwarted by rulings cf,
i city officials based on objections by neighbors and, although
the matter is fairly close, particularly when the noise ordinance
which will be hereafter addressed is taken into account in respect
to its effect upon the operation of plaintiff's business, still
the Court does not believe that there was any conspiracy or. the
part of the City or on the part of its employees to deprive
plaintiff of any constitutional rights guaranteed to Plaintiff'
under the Constitution of the United States.
On or about June 30, 1982, the City of Iowa City
adopted a noise ordinance. Insofar as the Court can de:errire,
the plaintiff is not questioning the procedure used by :be Cit,-
In connection with the adoption of such ordinance but 15
attacking the ordinance on the ground that said ordinarce 13
unc Dont itutionally vague and for the further reason that if
the noise ordinance, as adopted, were strictly applied It the
plaintlff, the ordinance would put the plaintiff out of tusiress,
It does appear that prior to the time the noise ordinance
_y_
a1? 11-3
ado^ted and at hearings in connection with the adopticn c. seid
crdirance, there was some indication that the plaintiff's -,era—
ti:n would be exempted from the effect of ar;: such noise
r._
�y r
Rouever, as finally adopted, no such exemption appears _. ^.`e -5i -,s
noise ordinance (ORD. No. 82-3068, Sec. 24.1-2) decines'-a c.s'
disturbance" as any sound or such character, Intensity -.Dr
71
duration which "annoys or disturbs a reasonable person Z :^.zial�
sensibilities." Section 24.1-16 provides that each vio--ation is
a misdemeanor and Section 24.1-17 authorizes injunctive ralief.
The two delegated noise control enforcement officers of to
City of lo::a City testified that they didn't know what -cise
i
would disturb a "reasonable person or normal sensibilities."
They further testified that they assumed all persons r_a;:i:g
a complaint were "reasonable pe:•scns". Plaintiff maintains t e-
the words "noise disturbance" and "annoys or disturbs a ressc-able
person of normal sensibilities" are impermissibly vague. The Court
finds that plaintiff's contentions in this respect are :•:e:l founded.
There is little objective criteria contained in the lan_usge of
the ordinance to guide enforcement officials, Based on to testi-
mony of the present enforcement officials, it seems quite dear
that the enforcement would be based entirely upon what each
officer considered to be meant by the ordinance and seems c_eir
that it is not likely to be the same in all cases. What is a
"reasonable person" is subject to many differing determ_ratichs.
Requiring that person also to be possessed of "normal iinsibllities"
creates additional problems. Are all "sensibilities"ineiuie d?
Perhaps only the sense of hearing is included. But at 'what
level is even the hearing of a person at a "normal" level? And
If only hearing is Involved, why Is the plural used rat'�er -hart
Just "sensibility"? Finally, what definiticn of "sersiti:i-lee" is
_ntended? ':here can the definition be found? (See Webs-ar-e :_::eglste
. ..-:or.ar;•, -h Bd.; Funk L 1. _zta lls ::e%. C._neard D_c-L:.. ,
'P a el -3
Wetster'e ::er: Ideal Dictionary, 1973.) The Court finds �.._.
as a:plled to this plaintiff, the noise ordinance 1_ -' .r..lssltly
va_:e atd l:s enforcement as to this plaintiff shout:
�'. Stlll In respect to the noise ordinance, the
notes :hat there Is no allegation or proof that the bus"mess LD ,r•,�
being operated by plaintiff is a nuisance as defined 1-T-,-ry `v
Iowa code.
Further in connection with the noise ordinance, tY.e
Court rotes that sections of that ordinance provide tha: -c
person shall operate or cause to be operated an engine pr:vidlr.g
motive power, or an auxiliary engine, of a motor vehicle :f a
weight in excess of 10,000 pounds for a consecutive perlcd
longer than twenty minutes while such vehicle is standing on
private property and located within 150 feet of propsrt:• tcne=
and used for residential purposes except when such vehicle is
standing within a completely enclosed building. [Sects -r. 24. 7fa)]
It is further provided that no person shall so load, unload, or
handle boxes or crates between 10 p.m. and 6 a.m. so as t: create
! a noise disturbance across a residential property line,
[Section 24.1-4(b)]. It is further provided in the ordinance that
no person shall repair or test a motor vehicle so as :o cause a
noise disturbance across a residential property line.
[Section 24.1-2(c)]. There is testimony in the record •r:hlch
appears to be uncontested that as part of plaintiff's b:slness,
it is necessary for plaintiff to operate engines, either :hose
providing motive power or auxiliary engines on motor vehl:les
with a weight in excess of 10,000 pounds for consecutive
periods longer than twenty minutes. It further appears In the
evidence, and it seems to be uncontested, that some of :he vehicles
so operated would be standing on private property and bested
-9-
as
within 150 feet of property coned and used for residentY_:
S:7- = —1
purposes. Further, that these vehicles are not •eithin.r c;
completely enclosed building at this time. Conseq•.:ent
plaintiff urges the Court to find that the ordinance
°v
put plaintiff out of business if it were enforced as
part of said ordinance and as to other portions thereof and
would constitute a taking of plaintiff's property witro•:t d•:e
process of law. while it may very well be that strict ap;lictttcn
of this ordinance to plaintiff's property would produce the result
of which plaintiff complained and while there is substantial
evidence that would support such a finding, the Court does nct
believe that it is necessary to do so in this case since =he
Court has found that the enforcement of the ordinance as .c
plaintiff should be enjoined because the ordinance is
unconstitutionally vague.
Plaintiff also urges that the conduct of the C1=1'
over the years between 1976 to the time of trial shows that
the application of both the zoning ordinance and the rose
ordinance to this plaintiff would be unreasonable. IL Sa
argued by plaintiff that this is so because strict enforcement
of the ordinances against the plaintiff (particularly the raise
ordinance) would actually force the plaintiff out of business
at its present location and would prevent the plaintiff fres
making the necessary adjustments needed in the dairy business
and hamper its operation of the dairy business if the zoning
ordinance presently making this plaintiff a "special excep:icn"
under that ordinance were to be enforced. :here is much e•......,_
that would support both of these contentions by plaintiff.
Consequently, the Court does believe it necessary to find the
enforcement of the zoning ordinance would be unreasonat'_e as
-10-
,2a 11-3
aP .:ed to plalntiff and enforcement o." ..._ ..____-.__n-..._ L_
i- •....
_._ .c P''-a i.•,t if.^ would to unreason at.e. _r. ad_._.__._.._ ,
i - nclse ordinance to to unc oas :'•o:tonally va 1-i_ F,
Also, in respect to enforcement of the zortiig :`•
ordinance as to plaintiff, it does appear to the Court�ft-hlt� 1t
considering the past history (Cram 1976 dot
to date) o: c3q_;ai.'onL
between the City, plaintiff, and plaintiff's neighbors, tial"
making the plaintiff a "special exception" and enforcing that
portionn Of the ordinance so as to require the plaintiff to
obtain grants of authority from the Board of Adjustment in
�I connection with the operation of its bus!ness, on a fairly
regular basis, in light of the persistent ot'ections by neigh-
bors also would create an unreasonably burdensome situation
for the plaintiff. There is some evidence :hat the real
objective of the adoption of the ordinance ::•as to drive the
plaintiff out of business entirely. (See the statements of
members of the City Council made at the council meeting
November 3, 1983•) If the council truly intended to deprive
the plaintiff of his business, then it appears to the Court that
it was obligatory for the City to proceed In eminent domain which
would have been an appropriate way to take plaintiff's business
and property from it but would have required the City to com-
pensate the plaintiff adequately therefor. However, the Court
does not conclude that the adoption of the new zoning ordinance
and the designation of plaintiff as a "special exception" !n
District CH -1 was a scheme on the pert of the City Council to
accomplish that end. It is impossible for the Court to determine,
. based upon the evidence before It, whether a majority Of City
Council members were of the same mind as chase who made statements
at the above-mentioned meeting. But it does appear to the Court
-11-
aa�4,3
In 1!gnt of all the evidence that enforcement of the n!ng
ordinance against this plaintiff would be unreasonable., and f.r
I
hat addltlonal reason, the Court finds that the City s....--
enjoined from enforcing that ordinance in respect to ':.^ n'a-'. ff—,
Plaintiff also urges that the City of Iowa 2_is
C
tortiously interfered with plaintiff's business in vi__ i:I�
of 42 USC Section 1983• Plaintiff indicates he seeks&9ragye 1.1
for a course of conduct by city officials, including,rbtt of
limited to, the enactment of the provisions of the zoning
ordinance and noise ordinance. It is claimed that the ensetrert
cf both of these ordinances were intended to interfere •:I:h and.
damage plaintiff's business and to force it to move from Its
,resent location. The plaintiff asks the Court to loo:: at a --
of the acts of the City in regard to its relationship with the
plaintiff for a period beginning at least in 1976 and continuing
down to date, including, but not limited to, the various !clays
made in applications by the plaintiff to the City for permits,
variances, legal opinions, various hearings in respect tc the
noise ordinance and new zoning ordinance, and other natters
..hich appear of evidence. Plaintiff points to what 1: believes
to be evidence of the City's malice toward Home Town :)air.. a -
It relates to the objectors Isserman and Frey. Altho-igh there
has been much delay in connection with matters involving the
City and the plaintiff and while it is true Isserman and Pre, -
and others objected at many hearings involving applications
made by plaintiff to the City at various times for various
purposes, still it does not appear to the Court that there hes
been any city policy carried out in connection with these ratters
which show malice and an intention to injure the plaintiff stch is
-12-
x. 443
giee rise to a 42 USC Section 1983 claim by glair.;i.
i
j ag=ins; the defendant City. ;he Court does not believe Lila;
i
;hare has been shown In this case a deprivation o: corsti:_;im:aC
li or federally protected rights by a person acting under ccver
of state lao-: such as is required to substantiate a claim r.1sr
the above-mentioned 42 USC Section 1983. ..or does th£�,tr;rte
believe that a conspiracy by City officials to deprivOl-he
plaintiff of any constitutional or federal rights has�`p5en -7
proven in this case.
Further, the Court does not find that there'Ss N
sufficient evidence that the defendant committed an inten;iocil
tort against plaintiff by interfering with plaintiff's tusiness
relationships for purpose of injuring or destroying plairnlff's
business. Although there Is some evidence in the case ;hit
does indicate some city officials, including. members
I
of the City Council, did hope to curb plaintiff's business
operation to some extent, there is not sufficient evidence to
I
su=por; a .finding that the intentional tort of interferer..,e cf
business relationships yy defendant as to plaintiff has teen
sustained.
Accordingly, and based upon all the evidence, the
Court finds as follows:
:hat plaintiff's claim that the zoning ordinance of
the City of Iowa City, Iowa, is invalid an the ground that tr..e
City failed to comply with the mandatory procedures of
Section 414.4 and 414,6 of the 1983 Code of Iowa, as amer.!ei,
Sn respect to adoption of the ordinance because it failed to
refer the proposed ordinance back to the City Planning ar,i 2cning
fo _aistior. for additional hearings prior to final adoption should
-13-
a.w �3
to s_staired. Further, that the classification of "dairy
..rod_cts and processing" as a "special exceptlon'is urreas:nstle
as applied to Nome Town Dairies and invalid.
Further, the Court finds that the contentiwz Z2 t - —
pla i nt if^ that the iowa City noise ordinance is unconY�3ta'C?neTI
and void for vagueness in violation of the FourteenthL�l.nt-!nt�
of the Constitution of the United States for lack of aC;a-VSA.e
criteria in connection with determining what acts of plaintiff
I
or others might constitute a violation of said ordinance should
be sustained. The Court further finds that the claim that the
City of lo -,.a City has tortiously interfered with plaintiff's
business in violation of Section 42 USC Section 1983 has net
teen sustained by the evidence produced by plaintiff in tis
case and that such claim of plaintiff against the City should
be denied and dismissed.
CONCLUSIONS OF LAW
The enactment of a noise ordinance may be a reascntle
exercise by the City of police power to protect public to{l:h,
safety, and welfare. Orayned v. City of Rockford, 403 J.S. 104,
92 S.Ct. 2294, 33 L.Ed.2d 222. But the statute, as enacted,
must give a person of ordinary intelligence a reasonable
opportunity to know what is prohibited so that he may act
accordingly. arayned, supra; 33 L.Ed.2d 222, at Page 227.
if arbitrary and discriminatory enforcement is to be prevertsd,
laws must provide explicit standards for those who apply them.
'he law may not impermissibly delegate to poi icemen, ,', udeee, and
Iuries for resolution on an ad hoc and subjective basis e
'
determination as to whether or not the law has been trc::en with
attendant dangers of arbitrary and discriminatory applicetien.
-�a
Grayned case, supra, at Page 228, Some .fairly irdefir._.e
language may be permitted where other language clearly
circumscri'ces the application of the ordinance so that certain
kinds of conduct are prohibited at certain specific tiX.a-�
certain. specific places in relation to certain descri _-4:
i
activities. Grayned, 33 L. Ed. 2d 222, at Page 229•
Where the words of the ordinance provide th---l'
three or more persons meet together on a sidewalk or st?eetN
they must conduct themselves so as not to "annoy" other
persons creates a situation where the ordinance must be held
to be unconstitutionally vague. Conduct that "annoys" sere
people does not annoy others. The ordinance does not req, -ire
persons to conform to some imprecise but comprehensible normative
standard. Rather, the ordinance is vague in the sense that no
standard of conduct is specified at all. An ordinance is not
constitutional where enforcement of the ordinance may depend entirely on
whether a policeman was annoyed. Coates v. Cincinnatti, infra.
Legislative enactments are presumed to be corsttt;it_onal,
and are declared unconstitutional only Sf every reasonb'_e basis
for support is negated by the attacking party. City of Cedar Falls v,
Flett, 330 N.W.2d 251 (Iowa 1983)•
But a statute is unconstitutionally vague, thus offending
due process, If it does not give a person of ordinary intelligence
fair warning of its prohibitions. Grayned v. City of F.oc::fprd,
408 G.S. 174, 92 S.Ct. 2294, 33 L.Ed.2d 222, 227-229 '.,19"2);
City of Council Bluffs v. Cain, 342 N.W.2d 810, 814 (_c:"a 19E3).
Where the ordinance in question uses language such as "excessive
amounts", accumulation of any removable obnoxious materiels",
"obnoxious odor", and "any condition which constitutes a menace
-15-
RIR �43
t. public health" and also "any materials which may treats
any obnoxious odors" and provides that feeding stations -.-.s-
be mairtafned in. "such a way" and that food Must be store) in
"such a nanner as to not invite vermin infestation" them the
ordinance is couched in terms such that a person of reaaCr.a`i •
0
intelligence would not know what is prohibited or requi�-et — r—
with any certainty. Thus, the provisions are one onst rt''_•i'o�:l
r
vague. City of Council Bluffs v. Cain. supra. See aF-:'='
7;u -
of Cedar Falls v. Flett, 330 N.W.2d 251 (Iowa 1983)•
Where the City's noise ordinance defined "noise
disturbance" as being noise of such character which distorts
or annoys a reasonable person of normal sensibilities, the
language used is too imprecise to provide notice to persons of
ordinary intelligence as to what Is prohibited; Consequently,
the lar: is unconstitutionally vague. City of Council Bluffs ••
Cain, supra. Section 657.1, 1983 Code of Iowa, defines a
nuisance as whatever is Injurious to health, indecent or
offensive to the senses, or an obstruction to the free use of
property so as to essentially interfere with the comfcrtatle
enjoyment of life or property. The use of a building for manufacture
which, by offensive smells or other annoyance, becomes in,urlcus
and dangerous to the public health, comfort, or property cf
individuals or the public is deemed a nuisance, See Sectio- 557.2,
1983 Code of Iowa. The regulation and abatement of nuisance Is
a function of the police power. However, the power of r..unleipa-
authorities to declare and abate a nuisance does not Sncl•:de the
power to declare anything a nuisance which 1s not one, In fact,
nor one per se, In determining whether a nuisance exists, the
Court considers the priorty of location, the nature of the
neighborhood and the wrong complained of, Priority of
IL
cecupatlon - "who was there first" - is given consid ara_le
weight. Ee1nkamp v. Clark Seadv Aix Company, 2214 :<.l
(Iona 1974).
r
As a general rule, legislation which is p n_v_;n. N
nature will be subject to a more exacting standard of s -mutiny
than a civil enactment, In Interest of Wall, 295 ::,N.2d 155
(Iowa 1980). Although noise associated with vehicles fre;venting
a co:mnertial use may be annoying to local residents, this does
not in itself constitute a nuisance,. Livingston v, Davis,
50 N.W.2d 592 (Iowa 1952); Schlotfelt v. Vinton ?arm Simply,
109 :,.w.2d 695, 700 (Iowa 1961),
In this case, it does not appear that defendant has
alleged plaintiff maintains a nulsance nor is there any evidence
that would support such a contention.
:n examining the contention that the City's noise
ordinance is unconstitutionally vague, it is to be noted .hat
the ordinance is penal in nature. Thus, the language cited
wherein it is provided that violation occurs when there Sa
created a noise of such character which "annoys or disturbs
a reasonable person of normal sensibilities" must meet a somewhat
more exacting standard than would be required if no such criminal
penalty was attached. Particularly this is true where e:hather
or not a violation has occurred may entirely depend upon whether
or not a policeman is "annoyed". Coates v. City of Cinci-net!,
402 U.S. 611, 91 S.Ct. 1686, 29 L.Ed.2d 214, 21? (197:). See also
Kovacs v. Cooper, 336 U,3, 77, 69 S.Ct, 4480 93 L.Ed. 5:3 (.1949).
Zoning power is derived from police power. :his
porter, In turn, must be asserted for public welfare. Z.cild v.
Amtler ?realty Company, 272 U.S. 3650 47 S.Ct. 114, 71 LIE!. 303
(1926). An ordinance that benefits the plaintiff ae ::e:l as
.....r meters of the public rer.resents ansc:•ronrlste t....c!ee
�a
of zonin; authority. Arins v. City of Tiburon, 447 U.S. i57,
10. 5.... =138, 65 L.Ed.2d 106 (1980).
in Iowa, zoning is an exercise of the polies_e-ln.e;
by the nur.ici alit `
p y, which is a power delegated to Str
;,-c:a Re _)
state. Such delegated power must be strictly constru9r• u
Business Ventures. Inc., v. City of Iowa City, 234 !t.'�?; •.Y ,i�
381 (Iowa 1975). Sections 414.4 and 414.6 of the 198Y_�cierw
of Iowa provides that a proposed zoning amendment shall to
reviewed by the Planning and Zoning Commission at a putlic
hearing held before the City Council acts on it. Where tLe Cit,' Council
mares a substantive amendment, the proposed rezoning nus: to
referred tack to the Planning and Zoning Commission. F ruricipal
body may make changes or amendments -to the proposed regtlaticn
in the course of its passage without giving further notice, or
,without another public hearing where the changes are n_ncr but
may not do so and the zoning ordinance may be void where sub-
stantial amendments are made after the public hearing on the
proposed ordinance without any new hearings on the charges and
amendments. 101A C.J.S., Zoning and Land Planning, Section 13(b),
at Page 69. See also Brackett v. City of Des Moines, 2t5 lcwa 249,
67 N.W.2d 542 (1954). If the changes made are minor or "renal",
and they do not change the general purpose of the ordirarce cr
effect the plaintiff's property, then amendments will no-
invalidate the provisions which did affect plaintiff's property.
Brackett v. City of Des Moines, supra.
However, in this case, the changes are not miner or
formal. ?ather, the changes are substantial and mater -'s:,
Further, the changes specifically affect the plaintiff's property,
as
Che attendance of a few citizens At a hearing e_i
,
...thou: arprcpriate notice cannot waive the right the
ha -.e to a publi: hearing with proper notice. Bowen rf"
Cc_nty Board o: Suoervi sots, 209 D.W. 2d 569 (Iowa 19ir �,;
The Court concludes that changes made by
• ;J v
Ccuncil of the City of Iowa City, Iowa, which Include V&nti 7
definitions, the changing of dairy products and processing
plants, adult businesses, and ,Junk yards from permitted _.__ tq
special exceptions, the placement of additional uses In certaro
zones, and the changes of the zoning map and certain la^E':age is
the zoning ordinance constituted substantive changes,
Consequently, the Iowa City zoning ordinance ante:ei
Cecember 20, 1583, is invalid for failure to comply with :he
mandatory procedures of Section. 414.4 and Section 414,E cf zhe
:cis of Ics:a.
iHowever, invalidity of a.part of a zoning enaz:-ent
i x111 not render the entire regulation invalid where the proioh
that is invalid is separable .from the rest, and the laeit_at—ie
purpose can be made effective by sustaining the ordinar.:e in
part. The rule that an ordinance may be invalid in a para:ular
but not to all applications is true with respect to zoning
ordinances. Such an ordinance may be void as to certain
property and valid as applied to other property. IOL,
Zoning and Land Use Planning, Section 37, Pages 141-1=2; ? ''elner
Precision Tools and Dies, Inc.. v. City of Dubuque, 19C ::. ii .27 4s5, 1-0
(I:rra 1971). Here only the amendment to the new ord_nen:e is ':ad.
The granting of a special exception Is a quasi
Judicial or an administrative function which must be ;averred
i
by adequate standards or guidelines. City of Des Moines •' ,
_.c :1.1.1.2d 779, 784. An ordinance which vests an adr..inis:raave
as
of "icer or board with arbitrary discretion, '.._t%out definite
standards, amounts to an unconstitutional defecation o: t.._
legis"_ative function. Chicsro Poch Island L Fac!"ic
Cc-ca.-.v v. Liddle, 112 11.1?.2d 852, 856 (Iowa 1962). BMsd_
A
statements as to the public health, safety, and welfsr2;;to i
not afford a sufficient guide for the board in the eAr"cis€, i
of its discretion. Osuis v_City of St. Clair, 75 NKA 27 a5
(kith. 1956).
A test of the validity of an ordinance Is not ::hat
has been done under it but what may be done under its
authority.
I
A city may, under the police power, regulate but ntt
orohitit or unreasonably restrict an individuals right to operate
a legitimate business. Its real purpose must be to protect the
public health, morals, or general welfare, and the regulation
must to reasonably required and suited to attain that purpose.
Board of 3 perrvisors of•Cereo Gordo County v "filler, :70 :).W.2d 358,
366 (:owa 1969).
If a zoning ordinance is facially valid and its
reasonableness is fairly debatable, then said ordinance must
be allowed to stand. But zoning is an exercise of police power
delegated from the state to a municipality, and such delegated
po>:er must be strictly construed. It must not be forgotten that
a streng public desire to improve the public condition is nct
enough to warrant achieving the desire by a shorter tut than
the ccnstitueional way of paying for the change. Business
'ventures. Inc., v. Iowa City, Iowa, 234 N.41.2d 376, 381-382
j(Iowa 1975). Here, under all the facts and circumstances of
this case, it appears that placing the plaintiff's property in
-?0-
�?o?S-3
a ;':__- to plaintiff and enfcrcement of .he nose crd'na:tce
app -Sed t_ plaintiff would be nnreascnat-e. a aids: -=n, 7c urs
._ 4s n.' se ordinance to to unco-.sti:•::ionelly va- _
Also, in respect to enforcement of the zo^ti:g -
ordinance as to plaintiff, it does appear to the Cour: teat :11
considering the past history (from 1976 dorm to date) 0:-+•.;a7Lar,'s�
i
between the City, plaintiff, and plaintiff's neighbors,ihaN
making the plaintiff a "special exception" and enforcing that
portion of the ordinance so as to require the plaintiff to '
obtain grants of authority from the Board of Adjustment in
connection with the operation of its business, on a fairly
regular basis, in light of the persistent ot,jections by neigh-
bors also ::ould create an unreasonably burdensome situation
for the plaintiff. There Is some evidence that the real
objective of the adoption of the ordinance -..as to drive the
plaintiff out of business entirely. (See the statements of
members of the City Council made at the council meeting
November 3, 1983•) If the council truly intended to deprive
the plaintiff of his business, then it appears to the Court that
i
it was obligatory for the City to proceed In eminent domain which
would have been an appropriate way to take plaintiff's business
i
and property from it but would have required the City to COM-
pennate the plaintiff adequately therefor. :'.oweve r, the Court
does not conclude that the adoption of the new zoning ordinance
and the designation of plaintiff as a "special exception" in
Dietrict CH -1 was a scheme on the part of the City Council to
• accomplish that end. It is impossible for the Court to determine,
based upon the evidence before it, whether a majority of Cit,
Council members were of the same mind as those who made statements
at the above-mentioned meeting. But it does appear to the Court
-11-
as $43
in ltgnt of all the evidence that enforcement of the n-.. ccning
crdl:ance against this plaintiff would be unreasonable, and f.-
that additional reason, the Court finds that the City s-cc.ld t.
en;nined from enforcing that ordinance in respect to
Plaintiff also urges that the City of Iowa
tortiously interfered with plaintiff's business in vi_L.1,
of 42 USC Section 1983• Plaintiff indicates he seeks1'dyraE�s U
_ r=
for a course of conduct by city officials,
Including, but not
i
liniied to, the enactment of the provisions of the zoning
ordinance and noise ordinance. It Is claimed that the eraetrent
of both of these ordinances were intended to interfere :a:h and
damage plaintiff's business and to force it to move from its
,resent location. The plaintiff asks the Court to look at a::
ofthe acts of the City in regard to its relationship with she
- plaintiff for a period beginning at least in 1976 and continuing
down to date, including, but not limited to, the various delays
made in applications by the plaintiff to the City for permlve,
variances, legal opinions, various hearings in respect It the
noise ordinance and new zoning ordinance, and other natters
::hich appear of evidence. Plaintiff points to what 1: believes
to be evidence of the City's malice toward Home Town Dairy as
I". relates to the objectors Isserman and Frey. Although there
has been much delay in connection with matters involving :he
City and the plaintiff and while it is true Isaerman and Frey
and others objected at many hearings involving applicaticne
made by plaintiff to the City at various times for various
purposes, Still It does not appear to the Court that ;here hes
j been any city policy carried out in connection with these tts--ers
which show malice and an intention to inure the plaintiff st::. is
-12-
.?.?f43
eo:ld e' -.-e rise to a 42 USC Section 1983 claim by plair-'-:f
ag:ins: the defendant City. ;he Court does not belie -+e that
there has been shown in this case a deprivation of const it_t lora:
or federally protected rights by a person acting under cc•.er
of stare law such as Ss required to substantiate a clai- =:Itr
the above-mentioned 42 USC Section 1983. Nor does th£±d'+r
oc.
be' --leve that a conspiracy by City officials to deprivs:=�ha
plaintiff of any constitutional or federalrightshas ten tf;
proven in this case.
N
Further, the Court does not find that there Ts
sufficient evidence that the defendant committed an irtertioril
tort against plaintiff by interfering with plaintiff's business
relationships for purpose of injuring or destroying plairtiff'z
business. Although there is some evidence in 'the case .tat
does indicate some city officials, including. members
of the City Council, did hope to curb plaintiff's business
operation to some extent, there is not sufficient evidence to
support a finding that the intentional tdrt of interference of
business relationships by defendant as to plaintiff has teen
sustained.
Accordingly, and based upon all the evidence, tie
Court finds as follows:
That plaintiff's claim that the zoning ordinance of
the City of Iowa City, Iowa, is invalid on the ground that tte
City failed to comply with the mandatory procedures o.'
Section. 414.4 and 414.6 of the 1983 code of Iowa, as amerded,
In respect to adoption of the ordinance because it failed to
refer the proposed ordinance back to the City Planning ar,d Zoning
Co aisaion for additional hearings prior to final adoption. stould
-13-
aa�L3
to s;:staired. Further, that the classification of "dairy
products and ,trocessing" as a "special exception' is unresstnatle
as applied to Nome Town Dairies and invalid. ' _ C1
Further, the Court finds that the contentio.•�;<'t
�=
Plaintiff that the Iowa City noise ordinance is uncon,3ya�'[.^.g
and Vold for vagueness in violation of the Fourteenth'r%:endnt�
of the Constitution of the United States for lack of otje:t;A-e
criteria in connection with determining what acts of plaintiff
or others night constitute a violation of said ordinance should
be sustained. The Court further finds that the claim that the
City of Io::•a City has tortiously interfered with plainttf"'s
business in violation of Section 42 USC Section 1983 has nct
teen sustained by the evidence produced by plaintiff Sr. this
case and that such claim of plaintiff against the Cit.., stould
be denied and dismissed.
CONCLUSIONS OF LAW
The enactment of a noise ordinance may be a reasenele
exercise by the City of police power to protect public health,
safety, and welfare. Grayned v. City of Rockford, 403 J.S. 104,
92 S.Ct. 2294, 33 L.Ed.2d 222. But the statute, as enacted,
must give a person of ordinary intelligence a reasonable
opportunity to know what is prohibited so that he may act
accordingly. Gra ned, supra, 33 L.Ed.2d 222, at Page 227.
if arbitrary and discriminatory enforcement is to be prevented,
laws must provide explicit standards for those who apply then.
The law may not impermissibly delegate to policemen, Judges, and
;urles for resolution on an ad hoc and sub,ective basis a
determination as to whether or not the law has been treken with
attendant dangers of arbitrary and discriminatory application.
as
Grayned case, supra, at Page 228. Some fairly irdefin!:e
language May be permitted where other language clearly
circumscrl'ces the application of the ordinance so that :_-tai-
kinds of conduct are prohibited at certa!n
specific t!'_r;a,a�
i
certain specific places in relation to certain de sc r!tiFf:z. _
activities. Gra ned,
�_ 33 L. Ed.2d 222, at Page 229. = �.
Where the words of the ordinance provide thL.,`. Sf ,Y
i three or more persons meet together on a sidewalk or st?eetz
they must conduct themselves so as not to "annov" othe-
persons creates a situation where the ordinance must be held
to be unconstitutionally vague, Conduct that "annoys" some
i people does not annoy others. The ordinance doesnot require
persons to conform to some imprecise but comprehensible r:rmaclve
standard. Rather, the ordinance is vague in the sense .hat no
•
standard c.` conduct is specified at all. An ordinance is r.ot
constitutional where enforcement of the ordinance may depend entirely on
whether a policeman was annoyed. Coates v. Cincinnatti, Infra.
Legislative enactments are presumed to be constitutional,
and are declared unconstitutional only If every reasonb'_e basis
for support is negated by the attacking party. City of Cedar Falls v
Flett, 330 N.W.2d 251 (Iowa 1983)•
But a statute Is unconstitutionally vague, thus offending
due process, if it does not give a person of ordinary intelligence
fair warning of its prohibitions. Grayned v. City of P.oc::ford,
409 U.S. 104, 92 S.Ct. 2294, 33 L.Ed.2d 222, 227-229,(.1?72)i
city of Council Bluffs v. Cain, 342 N.W.2d 810, 814 (.-cwt 1983).
Where the ordinance in question uses language such as "excessive
amounts", accumulation of any removable obnoxious materials",
"obnoxious odor", and "any condition which constitutes s nenece
-15-
"f4
.c. public health" and also "any materials which may create
an; obnoxious odors" and provides that feeding stations m•.s:
i
be maintained 1n "such a way" and that food must be store: in
"such a manner as to not invite vernin infestation" them :he
Z5
ordinance is couched in terns such that a person of ra i6r.Btle .j
intelligence would not know what is prohibited or regtG:ed —
;
c-;' to •.�
with any certainty. Thus, the provisions are unconstr:��•is-
J
vague. City of Council Bluffs v. Cain, supra. See atii*Ciel'
of Cedar Falls v. Flett, 330 N.W.2d 251 (Iowa 1983).
Where the City's noise ordinance defined "noise
disturbance" as being noise of such character which disturbs
or annoys a reasonable person of normal sensibilities, the
language used is too imprecise to provide notice to persons of
ordinary intelligence as to what is prohibited, Consequently,
• the las: is unconstitutionally vague. City of Council Bluffs ••
Cain, supra. Section 657.1, 1983 Code of Iowa, defines a
nuisance as whatever Is injurious to health, indecent or
offensive to the senses, or an obstruction to the free use of
property so as to essentially interfere with the comfcrtatle
enjoyment of life or property. The use of a building for mantfae.ure
which, by offensive smells or other annoyance, becomes in,'urious
and dangerous to the public health, comfort, or property cf
Individuals or the public is deemed a nuisance, See Section 557.2,
1983 Code of Iowa. The regulation and abatement of nuisance is
a function of the police power. However, the power of r..urici;al
authorities to declare and abate a nuisance does not Incl -As :he
power to declare anything a nuisance which is not one, In fact,
nor one per se. In determining whether a nuisance exists, :he
Court considers the priorty of location, the nature of the
neighborhood and the wrong complained of, Priority of
-1;-
0717 �6.3
cccupatlon - "who was there first" - Is .Sven conside_:5,-'e
weight. P.e lmkamo v. Clark Beady Aix Company, 214
(Iowa 1974).��
As a general rule, legislation which is zera.':,. N
nature will be subject to a more exacting standard Of s:rutiny
than a civil enactment, In Interest of Wall, 295 ;:,W.2d =55
(Iowa 1980). Although noise associated with vehicles fre;uenting
� a commertSal use may be annoying to local residents, :his does
i
not in itself constitute a nuisance,. Livingston v, Davis,
50 N.W.2d 592 (,Iowa 1952); Schlotfelt v. Vinton Parr. Supply,
109 N.41.2d 695, 700 (Iowa 1961),
in this case, it does not appear that defendant has
alleged plaintiff maintains a nuisance nor is there any evidence
that would support such a contention.
In examining the contention that the City's noise
ordinance is unconstitutionally vague, it is to be noted -.hat
the ordinance is penal in nature. Thus, the language cited
wherein it is provided that violation occurs when there is
created a noise of such character which "annoys or disturbs
a reasonable person of normal sensibilities" must meet a somewhat
more exacting standard than would be required if no such criminal
penalty was attached, Particularly this is true where whether
or not a violation has occurred may entirely depend uFor.::hether.
or not a policeman is "annoyed". Coates v. City of Cincinnati,
402 U.S. 611, 91 S.Ct. 16861 29 L.Ed.2d 214, 217 (197.). See also
Kovacs v. Cooper, 336 U.S. 77, 69 S.Ct. 448, 93 L.Ed. 5:3 (.1949).
Zoning power is derived from police power. :his
po.:er, In turn, must be asserted for public welfare. Euclid v.
Antler Fealty Company, 272 U.S. 365, 47 S.Ct. 114, 71 L.E1. 303
Ar. ordinance that benefits the Flaint!ff as r:e_1 as
_....r nerbars of the public reFresents ar.a�vropriste ±....:tse
as
cf zc.^.0:.'e authority. Agins v. City of Tiburon, 447 C.S. '-17,
lo: .::. -138, 65 L.Ed.2d lo6 (1980).
In Iowa, zoning is an exercise of the nolicz_8cwe
by the municipality, which 35 a power delegated to St ;: eco L"} -.e _
state. Such delegated power must be strictly construsc: �•+
Business Ventures, Inc., v. City of Iowa City, 234 P..'_...i2d •;y ,:�
381 (Iowa 1975). Sections 414,4 and 414.6 of the 198 .cdez
of Iowa provides that a proposed zoning amendment shall to
reviewed by the Planning and Zoning Commission at a put:!! -
hearing held before the City Council acts on it. Where tl.e City Council
na::es a substantive amendment, the proposed rezoning must to
referred back to the Planning and Zoning Commission. A nanicipal
body may rake changes or amendments to the proposed reguliticn
in the course of Its passage without giving further notice, or
without another public hearing where the changes are mincr but
may not do so and the zoning ordinance may be void where aub-
stantial amendments are made after the public hearing on the
proposed ordinance without any new hearings on the charges and
amendments. 101A C.J.S., Zoning and Land Planning, Section 13(b),
at Page 69. See also Brackett V. City of Des Moines, 245 :cwa 249,
67 N,V!.2d 542 (1954). If the changes made are minor or "rcrmal",
and they do not change the general purpose of the ordinance cr
effect the plaintiff's property, then amendments will r.ot
Invalidate the provisions which did affect plaintiff's praperty.
Brac'rett v. City of Des Moines, supra.
However, in this case, the changes are not mincr or
formal. Father, the changes are substantial and mater -'s:,
Further, the changes specifically affect the plaintiff's property,
as f3
-he attendance of a few citizens at a hearing
••^ `oe= appreprlate notice cannot waive the right to -_
to a publlc hearing with proper notice. C
_oven rft-nnt
�
^•ty Board of Sucervi sors, 209 lI•H,2d9
6 —� —
9 (Iowa 191 y;
:he Court concludes that changes made by.
Cwncil of the City of Iowa City, Iowa, which Includef
definitions, the changing of dairy products and processln;
Plants, adult businesses, and Junk yards from perm'tzed it^s to
special exceptions, the placement of additional usesir. certain
. zones, and the changes of the zoning map and certain lang-.age-1
the zoning ordinance constituted substantive changes,
Consequently, the Iowa City zoning ordlna.-,ce enactei
Dezember 20, 1933, is Invalid for failure to comply r.1th :h.
mandatory procedures of Section, 414.4 and Section 414,E cf t••-
Ccie of Iowa.
However, invalidity of a.part of a zoning e.^.aztment
x111 not render the entire regulation invalid where the portion
that is Invalid is separable from the rest, and the legls:a:ive
Purpose can be made effective by sustaining the ordinarze in
part. The rule that an ordinance may be Invalid Sn a particular
but not to all applications is true with respect to zorir.;
ordinances. Such an ordinance may be void As to certain
property and valid as applied to other property. 1C1;
Coning and Land Use Planning, Section 37, Pages 141-112, • F.
�.
•�• lner
Precision Tcols and Dies Inc. v, City of Dubuoue, 19C I:. t:'.21 4;5, L -D
(Itsra 1971). Here only, the amendment to the new ordiner.:e Is :ad•
The granting of a special exception Is a quasi
Julleial or an administrative function which must be governed
by adequate standards or guidelines. City of Des Moin•s _
:1•t1,2d 779, 794, An ordinance which vestsen •• ^` ,
'; R 4�.?
o."ftcer or board with arbitrary discretion, xit*out defin-':e
standards, amounts to an unconstitutional delecation of :.._
jerislative function. Chicaco Hock Island I Fac!f!c 4___ ra!
^c --a-7 v. fiddle, 112 !.V.2d 852, 856 (lora 1962). Lead _
staterents as to the public health, safety, and welf a2'.!0- 'I
no: afford a sufficient guide for the board ire the a =e!se—j
,
of its discretion. Gsuis vyCSty of St. Clair, 75 N:�.2d ;i, ,-
o^= N
(!,Uch. 1956) • �^
N
A test of the validity of an ordinance is not what
has been done under it but what may be done under its
authority.
A city may, under the police power, regulate b•:t not
prohibit or unreasonably restrict an individuals right to zperate
a legitimate business. Its real purpose must be to protect :ne
public health, morals, or general welfare, and the reg-�latien
must to reasonably required and suited to. attain that purpose.
'card of Supervisors o^'Cerro Gordo Codnty v. !:!ller, 177 ::.i!.2d 358,
366 (Iowa 1969)•
If a zoning ordinance is facially valid and its
reasonableness is fairly debatable, then said ordinance must
be allowed to stand. But zoning is an exercise of police pe::er
delegated from the state to a municipality, and such delegated
po::'er must be strictly construed. It must not be forgotten that
a strong public desire to improve the public condition is not
enough to warrant achieving the desire by a shorter cut thar.
tte ccnstitutional way of paying for the change. Business
"e -tures Inc.. v. Iowa. City, Iowa, 234 N.W.2d 376, 381-3g2
(Iowa 1975)• Here, under all the facts and circumstances of
this case, it appears that placing the plaintiff's property In
-?0-
the :8-1 zone as a "special exception" L unreasonable in
chat it will almost certainly have a severe and dete^F'ys
.S:
ina=: 'upor. plaintiff's business, a fact •::hich appeac4=o�Ee
Y.nol.r.. to the members of the City Council .r. this cas&,
L2 USC Section 1983 provides a remedy or c§j6e
action for deprivations of constitutional or federal �Agh7y
It does not provide substantive rights. :liken v. Citv of
Moss Point, 701 Fed.2d 556 (5th Cir. 1983).
A violation of 42 USC Section 1983 is shown onl;*
where there has been (1) a deprivation of constitutional cr
federally protected rights, by (2) a person acting under :over
of state law. Parratt v. Taylor, 451 U.S. 527, 535, 101 5.=t. 1981
1913, 68 L.Ed.2d 420 (1981).
While the city is a "person" for purpose of
Section 1983, it is not liable thereunder or. a theory of
respondeat superior. A city may be liable under Section 1983
only for acts which reflect official policy or custom Of its
governing body or other policy making employees. tdonell v.
Deeartment of Social Services, 436 U.S. 658, 98 S.C-. 21C8,
56 L.Bd.2d 611 (197B).
The Fourteenth Amendment does not protect against
all deprivation of property, only those deprivations without
due process of law. Bakery. McCollan, 443 U.S. 137, 145,
99 S.Ct. 2689, 2695, 61 L.Ed.2d 433 (1979)•
A mere violation of state law by a state official
is not a violation of a federal right coEni-table under
Section 1983• Paul v. Davis, 424 U.S. 693, 96 S.Ct. 11551
47 L.r-d.2d 405 (1976)•
-21-
gas
A conspiracy Is a combination of two or more persons
;• ccr._erted action to accomplish an unlawful purpose ty ';nlawfu'l
means. Lt,%slev V. Anesthesiolocists of Cedar P.ao Sds L.j 33 +i."ed
t5'_, Itf (Iowa 1983); Basic Chemicals, Inc., V. 9ens�'Eji�^5:..• H
220, 232-233 (Iowa 1977). u '
ss: • Tj '
;c is not a conspiracy for public officials -tom: dei rJ
with citizens who are attempting to influence the enfa. emeK or
passage of legislation. Gorman Towers. Inc., v. Socoslo•:osY.v,
626 ?ed.2d 607, 615 (8th Cir. 1980).
Interference with business relationships is an
intentional tort which requires a showing that the actor had
a purpose to inure or destroy the plaintiff's business. ?ace
Count: Aot. Center v. Honeywell, 347 N.41.2d 171, 177 (Iowa 198'
The evidence in this case does not support plaintiff's
allegation that the City's actions in the various matters
reflected in the evidence were either intended to or did, in
fact, interfere with or damage plaintiff's business or force
It to move from its present location, cr cause any contracts
that it might have had with others to have been terminated.
Even assuming actions of some city employees were shown.
to have violated a constitutional or federal right of the plaintiff,
it has not been shown that any of the acts of the city employees
were done in execution of city policy or custom. MonelI v.
Denartaerit of Social Services, supra.
DECISION
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED by the
Court that the zoning ordinance of the City of Iowa City, Iowa,
enacted on the 20th day of December, 1983, being Ordinance 1:0. 83-3160,
as �43
of the City of Iowa City, Iowa, should te, and It hereb,- Is,
declared to be invalid and of no force or effect in respect tz
amendments to such ordinance as provide that said ordinstte is
amended to place plaintiff in the CH -1 zone as a special
i
exception, and the City of Iowa City, Iowa, is hereby en}oined
from enforcing that part of said ordinance as to said plaintiff.
i,
IT IS FURTHER HEREBY ORDERED, ADJUDGED, AND DECREED
that the noise ordinance of the City of Iona City, lo::•a, should
be, and it h veby is, declared to be void for vague T's.i
Via_. I II
violation of the Fourteenth Amendment of theUnited S'T"a'te,�!e"
Constitution and unreasonable as applied to the plaind—
s '
K r..
the City of Iowa City, Iona, is hereby enjoined from=e!tfo:j;yir.RJ
said ordinance against plaintiff. W
I7 IS FURTHER HEREBY ORDERED, ADJDUGED, AND DECREED
by the Court that the claim of plaintiff, against the Cit;: of .
Iowa City, Iowa, made against said city for alleged Violation
of 42 USC Section 1983 in respect to said plaintiff should be,
and It hereby is, dismissed and said claim denied.
Court costs shall be taxed to defendants.
Dated this 7th day of November, 1984.
"
6
F50,40. SWAILES, JUDGE
SI .H JUD CIAL DISTRICT. OF IOWA
Wn. Reardon A Angela Ryan
Robert Jansen 6 Richard Boyle
COPIES }RAILED TO COUNSCL OF RECORD
1/.13-� 6us
as
Electronic Sleuths
After Long Hesitancy,
Police Departments
Use Computers More
Machines Point Out Leads,
Help Spot Crime Trends;
Advances in '911' System
Worries of Civil Libertarians
By Batts I.aasoN
Staff Repanerof TMe VVAiSr ItTJOaaM.AL
SAN FRANCISCO — Fog lingered that
night around the fake pagoda roofs of Ja-
pantown; there had been rain earlier and
the November air was cold. Nearby, In an
apartment on Bush Street, Inspector Ken.
neth Moses fond the body of Fusayo Kono,
an 83 -year-old Japanese widow.
In life, she stood { foot 9 and weighed 98
ponds. In death, she lay hogtied with
aprons and electrical cord, dead from a se•
vere beating.. Multiple traumatic injuries,
the coroner's report said.
This was one of those cases a cop wants
badly to solve, says Mr. Moses, now hupec•
tar sergeant N charge of the city's Crime
Scene Investigations Unit. Yet there were
few leads for Investigators to follow, apart
from half a dozen fingerprint fragments. In.
eluding one small fragment lifted from the
Inside of the front door jamb. But to try
matching those prints with any of the three
million prints In the city's files'waz futile;
the department succeeded In only 60 such
"cold makes" a year. "Those fingerprints
never left my desk since 1975," the year of
the murder, says Mr. Moses; periodically
his Investigators searched the files In vain
hopes of finding a match.
A computer changed things.
It has taken a while, but cops, even In
small pollee departments, are turning to
computers for the actual Investigation and
control of crime. The most advanced depart•
ments now use computers routinely to Sen.
erate Investigative leads, manage taus,
spot crime trends, even, In a sense, to fore-
cast where a criminal may strike next Few
formal studlps have been done assessing the
impact these efforts have had on crime
rates, but police In the departments that
use computers readily cite cases that, they
maintain, mlot otherwise never have been
solved. And Until, they say, is enough justlfi•
cation for havlrig the computers In the first
place.
Computerization, however, has come to
some departments more quickly than to oth-
ers, leaving broad contrasts. In Atherton,
Calif., the police are considering Installing
devices that will automatically tell head-
quarters the exact location of a patrol car,
the Instant the officer leaves It. "Rather
than just coming up to speed with Industry.
we want to go from a prehistoric state to an
advanced stale, where we can stay for five
or to years, and skip the middle step," says
Kip Rolle, administrative lieutenant.
Meanwhile, In North Kingstown, R.I., a
glum -sounding U. James Wynne says his
department will probably only get Its first
personal computer in a year or so, and may
need another five to eight years to really
make use of IL He bemoans the sad status o1
computers In Northeast police departments.
"We're still wearing suits of armor and ri.
ding horses compared to the rest of the
world," he says. "The technology Is there,
obviously, but It's a matter of bucks."
FALCON and CATCH
But far more departments are trying out
a variety of creative uses for computers, uv
Ing them not Just to report crime statistics
to the Federal Bureau of Investigation or to
print out paychecks but to pursue criminals
and better respond to emergencies—and, In
the process, they are displaying a weakness
for acronyms such az FALCON, CATCH,
CHAS, POSSE and ORDAIN.
N San Jose, Calif., Sgt. Aubrey Parrott,
In chatige of fie district of this Silicon Val•
ley city, nestles Into the front seat of his
Dodge patrol car. Next to him is a stack of
black boxes topped by a keyboard and a
monitor, Its screen glowing In the darkness.
He types In a few letters and Instantly sees
what all his officers are up to; he aim calls
up a summary of the night's events. If he
wishes he can run routine checks of auto h.
cense plates, tapping directly Into state mo-
tor -vehicle records.
The system is easy to use. Sgt. Parrott's
young daughter accompanied him once on
patrol and the aging machlnes sometimes donran plate 't work
and there aren't enough for all the district
supervisors; they arc scheduled for replace-
ment. "Yen really feel naked without It,"
SgL Parrott says. "It's like forgetting your
gun." (New York City police will take a sec•
and stab at using moble terminals this
month; the- department Med them In the
ISMS and liked them, but the manufacturer
went out of business, leaving the department
with no way to maintain the system. Ail Los
Angeles's Wpolice cars have had terminals
since October 1983.)
For New York qty police, one potential
source of Investigative leads In sex crimes,
robberies and certain grand larcenies Is the
department's eight -month-old Computer -As.
Slated Robbery System (CARS). Ines lga•
tors can ask the computer to search Its files
for suspects or crimes by matching body
marks, nicknames, headgear, footwear,
names, times, days, locations, modus ope-
rendi and physical deformities (Including
odor).
SUVer Pistol
The system paid off when police arrested
a robber who typically used a sliver pistol
and followed his female vlcUms Into their
buildings. After his arrest, a CARS search
turned up 21 robberies matching that M.O.
Victims In IS of those cases Identified the
man as the Culprit, creating an Ironclad
case against him.
When Ne police In New York's Nassau
Conty spotted n odd pattern of car thefts
Involving late 1960s and early 1970s cars—
plain vanilla models, a policeman says, not
coveted Corvettes or Mustangs—they con.
Bulled their computers and found that thefts
of the cars tended to occur on certain days,
within well-defined time periods, and from
car -repair shops. Anticipating future thefts,
Plainclothesmen went to the area and soon
made an arrest, uncovering an organized
ring specializing In old family cars. "It was
like shooting skeet," says SgL Patrick Holz•
macher, deputy commanding officer of the
department's data-processing bureau. (As
Sgt. Holsmacher is speaking, his bass walks
In with a coffee cup that reads: "To err Is
human; to really foul things up requires a
computer." On this particular day, the
Conty's system Is. In fact, down.)
Many police departments are automating
their dispatch centers, in Redondo Beach,
Calif:, for example; a computer noom•
mends which patrol cars should respond to
certain calls, and rates each call as to its
Priority. It may Come as a surprise to cal•
lers who want to remain anonymous, but the
"911" ryslem serving Redondo Beach, as In
other socalled "enhanced" systems now be.
Ing installed around the Contry, Bashes the
caller's whereabouts and his telephone num-
ber on two computer screens the instant the
dispatcher answers the phone.
Computers In the hands of police, in fact,
have begun to worry some people. Many
city conchsInsist that certain police rec-
ords be purged at regular Intervals. Civil
libertarians worry about the millions of
criminal -history words stored In state, re-
gional and federal computer networks, argu•
Ing they are often Inaccurate, Incomplete or
misleading, especially with regard to the
outcomes of recorded arrests and warrants.
Yet judges use these.records in setting ball
and sentences; state licensiig and
civil -service boards often use them when
checking out applicants.
Such records have led to improper ar•
rests. In California, the pollee arrested a
man after a computer query turned up an
apparently active warrant. During a book•
ing search, they fond the drug PCP on the
man, and charged him with possession; he
was later convicted on that charge. But the
Initial warrant had been canceled months
before—no one had told the computer. The
California Supreme Court overturned the
conviction, arguing the man shouldn't have
tney Shouldn't," Says Donald L Doemberg,
R San Francisco law professor and coauthor
of a Legal Ali Society audit of New York
state's system, that fond widespread er-
rors. The fault, he notes, Is with people who
type the Information Into the computers, not
the machines themselves, (New York state
will mg too verify records filed frond over woolt this m 1973 throughar alone
1976; the two-year-old court-ordered effort 1s
nearly 7tl' Complete. The stale contends It
has Improved court automation ad there•
fore the quality oI Its morels. The Legal Aid
Society Sara It is lull dissatisfied.)
"ailel
It wW be some time. however, before Po-
Ilce computer systems reach a level allow.
Ing the Sort of day-to-day surveillance of
PcoPle as envisaged by George Orwell. Po-
Nee officials and law-erdorcement consul•
huts say cumbersome muNdpal•bldding
Procedures, recalcitrant city councils and
tradltlon•bound police cultures have con•
spired to keep law enforcement maybe a
decade behind private Industry, in teras of
computerisation. use of personal computers
has come esPechily slowly: New York qty
just recently got Its first personal cont•
puterL One problem Is that computers can
be tough to an to the local citizenry, says
W1111sm Werner, as oNrerassigned to the
Managementlntonmatlon Systerraw lon of
the Suffolk County, New York, Pollee depart•
ment. He about seeing at bfooti cop come to thedo ir
door who's going to break someone's arm if
their kW's been hurt.'
Kenneth Nases knows bow it LL It took
about seven v nf rnhhWne Inc hem ..a .
tem for searching and matching finger.
prtots. Finally, the issue made It to a public
referendum: tQ% of voters favored the pur•
dose, and Politicians tools their cue.
On Feb. 27, Ice&, the system began oper.
aling. Working backward 1n time, the crime
scene unit began checking through pre•
viously unsolved cases. On July 25, Inspec•
for Moses tried out the tiny fingerprint hag•
ment found Inside the door of the Kono
home.
First he had the print photographed. A
computer read the print, pickln out idenfi•
tying "minutiae; ' the places were finger-
print ridges end or split Into two. Then the
computer charted where each such point
stood In relation to the others and set about
searching for a match. The system, made
by NEC Corporation, a Japanese electronics
concern, can search about 650 prints per
second.
Nine years of manual efforts had failed.
The computer found a match In about five
minutes, tying the print to a full set of prints
on Me from a previous arrest. A visual com•
parison verified the match, the Police say.
It was an amazing 'Nt'; ' says Mr. Moses,
using police Jargon for a match -up. "It gave
us a lot of confidence in the system."
Homicide Inspectors arrested tbetr sin•
pect. Gerry L Gregory, 28, an August 2, at
when the worked as a licensed vo.
nurse. Ms. Gregory, who declined
her attorney to be Interviewed for
:le, has pleaded innocent and awaits
Donald
KA_�TL
1 14
11 4
Gars
columnist
'You have to .hand it to the
downtown development folks In
Iowa City: They don't do things
Halfway.
' When they wanted to go into
urban renewal, they didn't just tear
down a few buildings and replace
them; they tore down the whole
downtown and replaced it with
snow fences. Then they left them
there for 10 years. That took
courage.
Now they seem to be going after
the tourist dollar with the same
determination and Inventiveness.
: THEY HAVE PILI' UP the ugliest
building in lowa'in hopes, 1 think,
that* It will become a tourist attrac.
tion. What other excuse could there
bel
Oh, there may be a corrugated tin
shed In a junkyard somewhere
that's more of an eyesore, but if
you're talking about a building right
In the heart of a central business
district, the new Holiday Inn in
Iowa City has no rivals.
You've heard of the architectural
style called the New Brutallsm7
This Is the Old Tacky. It Is to good
architecture what Yasser Arafat Is
to:gwd grooming. They just put it
up and already it looks as though
It's falling down. .
If it were a car, it would
be an Edsel. I think the
holiday they had in mind
when they named it was
11alloween.
If it were a car, it would be an
EIW. I think the holiday they had
In mind when they named It was
Halloween.
I suspect that as anon as word
gels around, people In the state will
begin bringing their children to look
at it and marvel.
I understand that they have a
dress code In one of the restaurants
In the building. I don't know what it
Is. but I can only assume that
polyester Is required.
The thing that Impresses me
about it is they managed to achieve
the effect with such economy. I
mean, anybody can design an ugly
building If money Is no object. You
build It In the shape of a giant
hotdog or you load It up with a lot of
vulgar decoration.
The Holiday Inn people achieved
their ugliness using only line, color,
chintzy -looking materials and ques.
tidnable workmanship. My hat's off
to them.
IOWA CM Is still one of my
favorite places In Iowa. Oh, why
quibble; It's my favorite. It's got
good places to shop and eat and
classy people and interesting things
to do. It's even got a decent bus
system and public places where it's
fun to spend time.
. But the new buildings they put up
sten at ordinary and work their way
down. You would think that altown
noted for the taste and sophistica.
qdn of its residents could do better.
I think It's a case of the people
with taste and sophistication need.
irg more money and the people with
money needing more taste and
sophistication. '
I suppose the excuse they use in
josUfying the erection of a visual
assault like the Holiday Inn or a
glorified shed like the Old Capitol
Mall -Is that the economics of the
situation required a cheap building.
. I don't buy that. Ugly buildings
rpe never cheap; they exact a social
cost. Those buildings are going to
stand there forever — or 20 years,
Whichever comes first — weighing
down the human spirit.
In'sny case,1 think you can make
do Inexpensive building without
making it ugly. It takes Imagination
and It takes talent. Virtually the
dnly attractive buildings in down.
Own Iowa City are those that they
forgot to tear down 20 years ago.
' THE IOWA CITY experience
stands In sharp contrast to what's
happening In Des Moines.
' When I arrived In Des Moines,
fresh from college some 25 years
ego, 1 thought the downtown area
exceptionally ugly. There was
hardly a building of distinction
anywhere. By the time I left, 12
.years later, not much had changed.
But In the Intervening years, Des
Moines has transformed itself. To go
downtown there today is to be
confronted by a mix of elegant,
renovated old buildings and spar.
kling new ones that project a spirit I
Bever knew Des Moines had.
One function of architecture Is to
tell you something about the kind of
People who live In it.
If that's what the architecture In
Iowa City is doing, the Athens of
east -central Iowa is in deep trouble.
: 1 was against the last urban
renewal program in Iowa City. The
next one can't come soon enough.
At least a snow fence has structural
integrity.
1�ow. /3, i98y
C�� S<S
RV/.�P ADVOCACY PROGRAM
24-HOUR RAPE CRISIS LINE (319) 338-4800
130 N. Madison Karla S. Miller, Coordinator
Iowa City, Iowa 52242 Business Phone 319-353-6209
Date: November 15, 1984
To: Iowa City City Council
From: Women's Transit Authority
Dear Council Members:
We hope the attached information answers the questions raised in
regards to the city Human Rights ordinances. 'We plan to attend
the informal meeting Monday, November 19 to answer any further
questions you might have.
Thank you for your consideration.
Sincerely,
Dana Shugar
Tess Catalano
Andrea French
. Advocacy
. Information
A UNITED WAY • Support
AGENCY
�oR�
,-%; 1 61984
MARIAN K. KARR
CITY CLERK (3)
,7^
RAPE
RVAv P ADVOCACY PROGRAM
I "y 24-HOUR RAPE CRISIS LINE (319) 338-4800
130 N. Madison Karla S. Miller, Coordinator
Iowa City, Iowa 52242 Business Phone 319-353-6209
Date: November 15, 1984
To: Iowa City City Council
From: Women's Transit Authority
Re: Compliance of the Women's Transit Authority 1985 CDBG Application
with the Human Rights Ordinance
1. Section 18-31(a). Discrimination in hiring.
The WTA has no plans or funds at this time to immediately hire
workers for the operation of our service. All of our labor will
be volunteer. Should funding become available for paid positions
with the 14TA those positions would be administrative in nature,
and.at such a time the WTA would adhere to and uphold the principles
and laws of the Human Rights Ordinance and Iowa City Code in hiring.
There are precedents in our own city for this type of structure in
the area of women's safety. The RVAP and DVP are run by volunteer
women, yet their paid positions have been filled in full compliance
with AA and EOE practices.
2. Section 18-33(a). Denying any person the full enjoyment of.... i ..
services.
The Women's Transit Authority would offer the service of rape
prevention in:the.form of safe transportation after dark. As such
we will offer this service to any caller who needs it. Statistics
indicate that 96% of the crisis calls received by the RVAP were
women. (See RVAP Fourth Quarter Statistics, 1983-84). Thus we can
only assume that the overwhelming majority of our ridership will be
women; however we have already begun the process of insuring equal
enjoyment of services by establishing a list of male volunteer
drivers for male callers. In offering safe transportation to those
who need it, we must also assure that we do not endanger the riders—
or the drivers. In the past, attempts at offering an "escort" ser-
vilce for women by local fraternities have failed because of their
inability to do.this. In our opinion the only way to ensure the
safety of our riders is to use women as our volunteer drivers. Thus,
by establishing the complementary volunteer list of male drivers for
male callers, we insure the safety of women riders and drivers as
well as providing safe transportation for men in need of it.
. Advocacy
. Information
A UNITED WAS • Support
AGENCY
�oR�M
"•'nV 161984
MARIAN K. KARR
CITY CLERK
Chapter 601J of the Code of Iowa. Coordination of service with
existing transit services.
We see the WTA as completing the transportation picture in Iowa
City. To avoid duplication of services:we will train our volun-
teers to assist a caller in using the system that best suits her/
his needs. Comprehensive bus maps of Iowa City, Coralville.and
Cambus routes will be used to inform the caller. In addition it
would not be outside the service of WTA to offer a ride to someone
after they had gotten off a local bus and still had a significant
walk ahead. Also, with the proposed "Ride Scholarship" program, we
hope to be able to provide bus and taxi fares for those who can't
afford:them when a bus or taxi better suits their needs. It is
important to note that while the transit systems 6f Iowa City are
indeed exemplary, they do not run past 10:30 (Iowa City) and 12:00
(Cambus). Our proposed service hours are from dark (5:00-7:00) to
2:00 am when the U of I Main Library, some restaurants and bars all
close. Further, our service will operate seven days a week, where
the ICT runs Monday - Saturday. It is our expectation that our peak
operating periods will be after the ICT and Cambus have stopped
their service.
As a final note, the Women's Transit Authority recognizes and c ..
respects the importance of the Iowa City Human Rights Ordinance.
It is not our intention to disregard it in our attempt to provide
a rape prevention safe transportation service. Ile appreciate the
interest the council has taken in our project and it is our hope
that with continued cooperation it will be a success.
Sincerely,
Tess Catalano
Dana Shugar
Andrea French
oars@
wv 161984
MARIAN K. KARR
CITY CLERK (3)
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WTA began its ride service operation on a shoestring budget. The
volunteer drivers used their own cars to provide the rides. A quarter
donation was requested for each ride given to help defray the cost of
gasoline. The staffers were able to use the Women's Center's phone and
office without cost. Unfortunately, the service ran into insurance and
financial difficulties after only a short time. WTA was informed that
it could no longer receive any donations in the cars due to a city
ordinance prohibiting unlicensed cab companies from charging any money
(including donations). At the same time, WTA also learned that the
private insurance which its volunteer drivers had Was not enough liability
coverage. As a result of these problems, WTA began looking for additional
funding and the use of other vehicles. The cost of running the service
greatly increased when adequate insurance and rental of one to two cars
per night was added to its operating budget.
After a thorough search of the options, WTA accepted the University
of Wisconsin Protection and Security's offer of inkind services through
their department to ensure the ride service's continued operation. The
cost of the inkind services (including one to two cars, gas, insurance,
two-way radios, office space, and phone) amounted to an estimated $6,000.
This $6,000 figure represented almost the entire operating budget of
WTA in 1973. Small contributions from interested people in the community
only accounted for $200 to $300 per year. There was no paid staff at
this time. Volunteer coordinators Who rotated on a monthly basis Were
responsible for scheduling, fund raising, etc.
During the winter of 1974-1975, WTA continued to pursue additional
funding sources. In the fall of 1974 two work-study positions were
received through the University. These work-study positions enabled Transit
to have paid coordinators for the first time in its history. The
University paid four fifths of the cost with WTA paying the remaining
one fifth.
1975-1977 were critical funding years for WTA. In 1975, WTA
continued to receive work-study money from the University. However, WTA
experienced a funding crisis in 1975 when it appeared that University
P&S would no longer be contributing inkind services toiTransit. Hut ;l
after a short period of searching for financial supportj'the UW Dean of
Student's office reached an agreement with WTA and began providing these
inkind services.
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WTA received a one-time grant of $2000 from the Madicon Community
Trust in 1975• Also obtained was $3000 in 1975 and $3000 in 1976 from
the Wisconsin Student Association (WSA). 'WTA continued to expand its
funding support base. In addition to receiving money from WSA and inkind
services from the Dean of Student's office, Transit was granted an
emergency $4,500 grant from the City of Madison in 1977.
1978 marked the first year of a substantial operating budget for
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WTA. In January of 1978, Transit signed a three year contract with the
University of Wisconsin for $12,000 per year in dnkind services to cover
the costs of three cars per night, gas, radios, radio repair, and the
night office phone. WTA received $15,000 from the City of Aaddson to
pay for two paid salaries, day office rent and phohe, office Jupplies,
printing and publicity, and cab fare for volunteers on the late shift
to get home. Another $6000 contributed by Dane County helped pay for the
above mentioned salaries, and office supplies and expenses.
Since 1978, WTA has continued to seek additional sources of funding.
Transit did not receive money from the County in 1979 and, therefore, had
to cut back salaries and coordinator time wntdl it could find other
funding sources. An ambitious fundraising campaign aimed at community
businesses and organizations enabled WTA to continue its existing level
of operation. Transit began receiving money from Wisconsin State
Employees' Combined Campaign in 1980, and in 1981 received money from the
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Combined Federal Campaign. This money helped make up the deficit from the
loss of County funding. Also in 1981, WTA received a one-time grant from the
Verex Corporation for the production of five professionally made public service
announcements. This year, WTA received funds from two more employee workplace
campaigns the Madison Metropolitan School District Campaign and the City of
�! Madison Employees Campaign. Through our work on Aid to Wisconsin Organization
(AWO),WTA has been able to open up the possibilities of workplace donation
drives and increase community support. WTA is a member agency of AWO along with
13 other social change agencies. Our combined efforts have enabled us to partici-
pate on the four campaign mentioned above and we hope to open up more areas
for funding in the near future.
WTA's funding history is typical of many non-profit community service;
agencies. It began on a shoestring budget with only the energy and time commit-
ment of dedicated volunteers to maintain the ride service. As the'need'and demand
for the service began to be recognized by a growing segment .of I the, community,
WTA obtained more financial support. Almost 10 years in "operation; WTA.11
-has
achieved a broad lase of support. Presently, the WTA 1982 budget is $78,000.00,
"pity of Iowa City ,
MEMORANDUM
Date: November 15, 1984
To: City Council
From: Bob Singerman, Chairman, Resources Conservation Commission
After the informal meeting of October 5 it appears there are two main items
relating to the current franchise negotiations on which the Council has not
reached complete agreement - the franchise fee and the franchise duration. I
would like to restate the RCC's recommendations regarding these two points.
Franchise Fee.
This is a "fee" if you are for it and a "tax" if you are against it. I
prefer to think of it as an investment. Neither the Ad Hoc Franchise
Committee nor the RCC claimed that the fee would not be paid by the
users. What we do claim is that this money can be used to fund a
community energy conservation program that can save more than 1% of the
community's energy bill. Only 15% of the money spent on energy stays in
the area in the form of wages, taxes, etc. On the other hand, 60% of the
money spent on conservation and other non -energy related expenses remains
in the area (see RCC Community Energy Report). This program would not
only help the community use less energy but, in so doing, replace annual
expenses (energy bills) with one-time expenses (conservation measures).
At first, conservation expenses are returned to local retailers, whole-
salers, and contractors. After the payback period, the money once spent
on energy bills is freed to be used in ways productive to the local
economy (saved or spent locally) rather than leaving the area in the form
of energy payments.
Duration.
Energy policy can change drastically in a short period of time. A
franchise of ten years, with a five year reopener clause, gives us the
ability to react to rapid changes in energy technology and local or
global energy policy. A short franchise also allows us to adjust any
ongoing conservation programs that are in any way tied to the franchise
agreement.
As energy bills continue to rise, we face a future where more and more
money leaves our community, with a smaller percentage of individual's and
business's income available for the local economy. In particular, it
becomes increasingly difficult to invest in conservation measures, and we
get locked into a cycle. A community -wide conservation program,
benefitting both residential and business sectors, would be a definite
step toward developing a more secure and healthy local economy. Surely,
a vital economy would be more attractive to potential businesses than a
community fighting to keep up with ever -rising energy bills. I find it
most curious that utility representatives feel this 1% fee would be
unattractive to potential new businesses (an argument I never heard
accompanying a 10 or 15% rate increase request). What could be more
attractive, and even beneficial, to new businesses than a healthy local
economy and an active conservation program.
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Informal Council Discussion - Goal Setting
November 15, 1984
Informal Council Discussion: November 15, 1984, at 2:30 p.m. at the Holiday
Inn.
Councilmembers Present: Ambrisco, Baker, Dickson (2:45), Erdahl (3:00),
McDonald, Strait, Zu er.
Staffinembers Present: Berlin, Helling, Karr, Parrott (6:30).
Others Present: Tim Shields.
Ta a Recorded: 84-C85, Side 1, 115 -End and Side 2, All; 84-C88, Sides 1 and
2, Al 84-C89, Sides 1 and 2, All.
Goal Setting
McDonald said that this is a method to arrive at a consensus of the Council
goals for the next 18 months. Council needs to decide what direction the
City should take for FY86.
Financial Forecasting
Berlin reviewed the Five Year Financial Projections memo prepared by Finance
Direction Vitosh. The FY85 Program Division Statement was distributed for
reference during the discussion.
Introduction
Tim Shields of the Institute of Public Affairs said the Institute has as its
goal helping better local government in Iowa. Ringgenberg reminded Council
they should take into consideration previous goals of the City Council.
Berlin explained that the goal setting process helps the staff develop a
detailed budget for the next fiscal year. The goals can be modified but the
broad pattern remains. Individual goals may be added, deleted, or changed in
terms of time table.
Goal Setting Exercise
Tim Shields lead a goal setting exercise that has been used by the Institute
in various cities around Iowa. The goals are well defined, easily measured
objectives. Thirty-six categories were listed as objectives. All of those
not assigned a specific priority have been included in a category labeled
"undifferentiated" which Shields said could easily become important Council
concern sin the future. (Priorities detailed on attached memo dated
December 7, 1984, from Assistant City Manager.)
Team Effectiveness '
Ringgenberg lead a discussion regarding items that help and promote team
effectiveness. Possible barriers were also discussed.
Meeting adjourned at 6:35 p.m.
Z-1tl
City of Iowa City
MEMORANDUM
Date: December 7, 1984
To: City Council
From: Dale Helling, Assistant City Manager
Re: City Council Goal Setting Session - Prioritization of Objectives
Below is a list of objectives as prioritized by Council at your goal -setting
meeting on November 15, 1984.
Please note that these objectives are prioritized only by category (top,
high, etc.) and that items listed within each category are not ranked within
that category.
TOP PRIORITIES
Implement sewer system improvements - begin construction
Start construction on remaining Urban Renewal parcel.•
Gas and electric franchises approved.
Develop non -property tax revenue source.
Decide on space needs.
HIGH PRIORITIES
Analyze joint human service agency facility - cost/benefit analysis.
Develop economic development package - i.e. develop policy on tax abatement.
Develop long-term parking pian.
Identify senior citizen housing needs.
Decide on airport development policy.
Implement recommendations of environmental sub -committee.
Determine feasibility of home mortgage revenue bonds.
MEDIUM PRIORITIES
Develop street lighting plan.
Identify strategies for maintaining tax base.
Adopt parkland acquisition policy.
Pass minimum open space requirements.
Increase legislative committee contacts.
Explore feasibility of City -owned generator plant.
Hire new City Attorney.
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LOW PRIORITIES
Review of Zoning Ordinance - identify inequities - utilize committee.
Increase public involvement with cable TV - overview.
Install improved computer' and word processing system (communications and
information).
Study staffing levels and staff efficiency.
Sign Ordinance revised and adopted.
Subdivision Ordinance revised and adopted.
Hold regular meeting of City, County, University, United Nay.
Review needs for increased police protection - staffing and methods.
Develop corridor planning committee.
Implement historic district designations.
LOWEST PRIORITIES
Conduct Council self-evaluation.
Evaluate traffic control system - Central Business District.
Decide on swimming pool.
Review population projection planning assumptions.
Decide on cap for human services funding.
UNDIFFERENTIATED
Review City -County service overlap.
Continue Fire Department program - morale/efficiency.