HomeMy WebLinkAbout1976-05-11 Regular Meeting0
IOWA CITY CITY COUNCIL
AGb IDA
REGULAR COUNCIL MEETING OF MAY 11, 1976
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 Fr\ST WASHINGTON
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COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
MAY 11, 1976
7:30 P.M.
The Of Maywa ity, City Council met in Regular Session
11th da y, 1976 at 7:
at the Civic Center. 30 P,M, in the Council Chambers
the
Neuhauser, Present: Balmer, deProsse Chambers
Neuhauser Perret, Selzer, Vevera. Absent.
Presiding. Foster,
• none. Mayor
Jim Powers, 2324 Mayfield Road, appeared
article in the Press Citizen concernin
the Highway Department and g a meeting held an
with
on Freeway 518 B Hetsu Department of Transportation
Avenue interchany-Pass. suggested eliminatin
construction ge with Freeway 518, altholl g Melrose
Of Freewa 518. althoughting favored
1)
and
•, Urscussion, - `"" �c iLems be scheduled -I -gory in --
err that It was moved by Vevera and
unanimously_ the letters be received seconded by
and filed. Motion
adopted,
Michael for Brody, 1008 Tower Court, appeared concerning
construction
from Parking for thin apartments in the Court
area
He recommended Oaknoll Tower
an addition to theg attention to the hazard.
builders be required to correct Code that contractors or
them. City Manager Berlin safety hazards created b
by the Public Works Department
this is being investigated
Ralph Prizler, 2129 Palmer
a petition from residents Circle appeared
questing the Cit in the Sycamore Presenting
south of y Proceed with the Street area Street California Avenue paving of Sycamore
School, due to severe dust to the road leadingStreet
Berlin indicated conditions. to Grant Wood
Public Works a report would City Manager Neal
on the come drom the Department of
was moved b Policies and schedules for
y Selzer and seconded by Perret Paving, It
the petition.
—�_ Motion ado ted
to receive and file
-- —P, unanimously.
64,
John Morrissey, 513 South Van Buren, a
Freeway
518. appeared regarding
n
Mayor Neuhauser
Hos ital Week and Ma proclaimed May 10-15
and commend 10-14 1976 as Iowa city
ed City Clerk l 76 as Municipal Clerk's Week,
. Abbie Stolfus ', f
. for her work. `_
:7
Page 2 •
Council Activi• s
May 11, 1976
--Lion of East V�""ca a pet, from —fir-' Hera.
questing
Street bounded b residents from that
who are re Summit
or g the street to MuMuscatine �'J
col neighborhood" street be designated
ector type traffic, and to divert from as a local"
the Mayor re After discussion 1t arterial and
a Presentationested that the Director °f suggestions,
that the £ollowinIt was moved b of Public Works
Consent g agenda items yandster and seconded b Ba
Calendar, as amended recommendations y Balmer
, be approved in the
Reading of minutes and/or adopted:
meeting of A °£ official actions
recommended April 27, 1976, sub' of Council
y the Subject to correction, as
City Clerk
Minutes of Boards and Commissions
Human Relations Commission meeting of April 26, 1976
Correspondence
Letter from Douglass B. Lee, Jr., spokes
residents of the block bounded b
Market and Linn Person for
tection a Streets, requesting adequateson,
Gilbert,
again traffic q 4 adequate
has been referred noise and fumes, Pro -
for reply_ to the Department This letter
of Public Works'
The motion was approved by the followin
Balmer, deProsse, Foster, Neuhauser
g roll call vote: Ayes:
Perret, Selzer, Vevera.
Mayor Neuhauser noted Item 5
Relations Commission
be deferred recommendation of the Human
until next week. approve Private Club Guidelines
Commission had week. It was
received in ut Pointed out will
from that the
Mayor private clubs.
Y Neuhauser called attention
Recreation Center tomorrow at 1.00 V1
habilitation p to a meeting in the
Chambers Wednesday
and a public meetinOn the Housing
Y evenin 4 in the g Re -
ordinance. 4 for discussion on Council
the tree planting
Councilwoman deprosse noted
from the National League of she had received
for the House nal Cities to testif an invitation
communities subcommittee on Transit y in Washington
a tentative date was subsidies for small D -C.
Ma 23
Councilman 7�
which he and Perret reported on a
with Councilman Foster and meeting in Des
other City officials Mayor Neuhauser Moines
Public mass transit s from cities under attended
With the Ystems and legislators. 50,000 which have
With prospects of the City Aegis He was
,000 available for Mass receiving a share encouraged
APPropriations Transit as di share
Of
Committee. Y the
House
I
page 3 • CourAw Activities
May 11, 1976
Councilman Selzer reported on the meeting held at the
First Christian Church, asking if it might be wise for the
enclosure around the Plaza Centre I -Site to allow better Z Q
access around the corner of Dubuque and College. He also
advised the Council he would be out of town until late next
Tuesday night. He requested that if at all possible, any
major decisions such as Urban Renewal be deferred until his
return.
Councilman Balmer commented on the status of the HCDA
money. He noted previous.discussion to temporarily freeze
spending of the money. Mr. Berlin responded that a state-
ment will be made in that regard.
Ci
le
asslgn-
men+ of the ]ease._ He noted Staff is somewhat apprehensive
in extending the time period in that location because of
the temporary nature of the buildings. City Attorney Hayek
responded the leases are cancellable on a 90 day notice.
Mr. Berlin noted a memo would follow. It was also noted that
no communication had been sent to all these people, advising
them that they could not assign the lease. It was moved by
Foster and seconded bydeProSetQ approve assignment of the ,..,
lease to George and Meta Ireland. Notion adopted, unani-
mous y. Mr. -Berlin also informed Council that a request
had been received from the National Guard to ]and 2 hai;-
-
Special Program and according to the Municipal Code, the r /S
Mayor and Council are required to give written approval for
any landing outside of the airport. It was moved by Balmer
the Armory. Motion adopted, unanimously. Mr Beulip�Qtcj
information had been received from the State yesterda
garding the Budget appeal. He noted that the City must re-
spond to that information within 7 days, if an appeal is to
be submitted to the State Board. The form indicated the
Council must authorize submsission of an appeal. It was
recievea on the zi
at informal sessio
the low bid on the
acceptable to HUD.
Heari
Motion adopted, unanimously.
d of June. The Mayor suggested a discussi
The Cfty Manager also informed Council
Urban Renewal project notes was 2.988, and
on the
on of a Por
Attorney Hayek explained this irregular piece of ground was
1
ity //S
Page 4
Council Activities
May 11, 1976
created by First Avenue Realignment Project and will be
disposed to Whitehouse Enterprises in exchange for the
assessment on the property and the dismissal of an assess-
ment a paving
appeal filed by Whitehouse Enterprises. He also noted
First
there is a limitation of access on Avenue. Previously,
Council had determined that no access on First Avenue would
be permitted because this would change the value of the land
and because of potential traffic problems. There being
others present to speak, the public hearing was closed.
Amending_ the_.
4..ereor _ --•== ivew Provisions in Lieu
This would amend the present Code with respect to
t�Oma--n-R'�s�ng_code provisions._
£or discussion were: Bob Downer Those appearing
ing a committee a , 126 Potomac Drive represent -
City Multiple appointed by the Board of Directors of the Iowa
W.A. Fotsch Listing Service and Iowa City Board of Realtors;
Listing
Realtor; Bill Terry, 206 West Park
Road, Manager of Hawkeye Property Management; Wayne Whitmarsh,
3116 Maplewood Lane; Fredine Branson, Chairperson
Housing Commission; Rev. Robert Welsh, 2526 Mayfield Road; of the
Lou Eichler, 1302 Carroll; Linda Nelson, 641 S. Lucas St.;
Andrea Hauer, 5624 Daum, representing the University of Iowa
Student Senate; Maria Costa, representing MayFlower Tenant
Organization; Harold Wessling, 1422 California Ave., Jeff
Goudie, representing ISPIRG; Jim Shaw, 535 S. Johnson;
and Susan Petrell, 1218 E. College, representing Tenants
United for Action
the . There being no others present to speak,
hearing was declared closed.
Mayor Neuhauser declared a 5 minute recess.
It was moved by Perret and seconded by deProsse to receive
and file the letter fro
unanimously. m Wayne Whitmarsh. Motion adopted,
After discussion of present procedures,
Foster and seconded b - v
for tha n;� -�'-- d-9LP�osse_that f -ha
i
�, ue considered and " " v1 or
passage. Roll call el adoption: given first vote for
N^uhauser, Perret, Selzer,pBalmer_AyNaysaepe�ere, MotioFoster,
0 •
Page S
Council Activitie
adopted, 6/1 Y 11. 1976 s
cussioill
formate The B Y t•Ianrry and Lou Eichler
Cit
ion on this procedure ger was requested toPPeared for dis_
It was moved by F Present more in_
Os a
-nstheeormin sllman be d d seconded by Vevera that the
Counc' consi
advise Bal '0
from Angela of legal cow 1nf and d C°uncil he
Foster, Selzeran' AssistantsCyt referred to would abstain f
Abstain : Balmer.V
eve a, dePros Y Attorney- the memo
se, Roll Y
It was mov ton adopted, 4/y Neuhauseralperre es:
ed by ��_. t.
Ve--� 4, adoPted,
7-8 eraRol l to
adopt
Balmer call
• Foster.
It wac
_-, evera. B m rxoll call:~ A Voted u off_
It was . deProsse, Yes: Foster'
y P
'
Nays: NeuhauserOrd3na fl recorded 1nndyseconded b.
boo Y
, ages
b ys = deProsse. Ordinance Sado et I Ve cera,
Y Foster 6 1 _
Planned AreadpeVP°°ded by Vevey,
ddir; _
by`deprosse
Balmer and
recorded
calmer
adopted, 7/0_
the
t ,/ - ..1
7/0
=�
seconded by Veve
in book 34 ra to ado
bion ' Page 163 '--�
doll c�i 'u
103,
Foster gyres: Perret
,It was moved b Neuhauser. Resp_
Y Balmer
_ ��s and
me= Rolloo Certe r`rec0rded
Foster, Neu all:
hawser.
seCon
in bookd3gY Perret to ado
Se1zRr,YVe gra, Bal Page 164,tabt
perre-����
t.
esolution adopted• deProsse,
Page 6 •
CouncA ctivities
May 11, 1976
Council meeting.
After discussion, it was moved by Perret and seconded
by Foster to defer for a week, the Resolution Authorizing
the University of Iowa to Construct the Finkbine Commuter
Bicycle Trail with Federal Funds and Project GREEN Funds
allocated to the City of Iowa City for this purpose, as the
unanimously.
University has decided to change the route. Motion adopted,
It was moved by Perret and seconded by deProsse to adopt
Resolution No. 76-136 recorded in book 34, pages 165-166,
Recognizing the Committe �n nm ,
approved by the Rules Committees. MayorN-Nee mouser askedcthat r.
the minutes reflect that the concensus of the Council was
that the Committee's life is contingent on receipt of HCDA
funds. Roll call: Ayes: Vevera, Balmer, deProsse, Foster,
Neuhauser, Perret, Selzer. Nays: none. Resolution adopted 7/0.
It was moved by Foster and seconded by Perret to adjourn
the meeting at 10:40 P.M. Motion adopted, unanimously.
Mayor
City Clerk
DATE: May 7, 1976
TO, City Council
FROM: City Manager
RE: Material in Friday's Packet
Memorandums to the City Council from the City Manager regarding:
a. Parking Lot in City Park
b. Personnel
C . DEQInspection
dOf Landfill?J j
. Des Moines Register and Tribune Bicycle Ride %
e. Meeting
f • Letter from Thomas R. Breese j J Y
g- Survey -7 3 �,
Memorandum to City Manager from Director of Finance regarding newspaper
recycling program. 7,37
g
Memorandum to City Manager from Director of Community Development regarding
sanitary sewer service in Dean Oakes First Addition.
Memorandum to City D!anager from Director of Public Ivorks. 7� $
Copy of letter to Mr- David Clark of Clark's Carpets from City -7361-1
ager regarding
Problem with Building Inspection Division.
Invitation from officials of Ivashington County an
to a special open house ceremonyy and City Safety
yCenter. Iowa,
for their new Public Safety Center.
Iowa City Guide to parking lot landscaping. % CQ
% yl
Article, "Case of Lost Funds Stuns Iowa Town. -7 N � ?
MINUTES OF OFFICIAL ACTIONS OF COUNCIL
MAY 11, 1976
7:30 P.M.
The cost of publishing the
claims is $ following proceedings and
-_ Cumulative cost to date during this
calendar year for said publication is $
The
11th day Iowa City City Council met inRegular ssion on the
of May, 1976 at 7:30 P.M, in the Council Chambers
at the Civic Center. Present: Balmer, deProsse
Neuhauser, Perret, Selz , Foster,
er, Vevera. Absent: none. Mayor
Neuhauser presiding.
bert
sh
sentingVtwooletterslfrom2the FirsteChristianaChurch: pre-
4ppeared
ing concern on hazardous conditions existing on Dubuque andress-
College as a result of traffic barriers and 2) expressing
continued interest in helping to provide elderly housing
downtown. He asked that these items be scheduled for informal
discussion. It was moved by Vevera and seconded by Perret
that the letters be received and filed. Motion adopted,
unanimously.
Michael Brody, 1008 Tower Court, appeared concerning
construction for parking for the apartments in the Tower
Court area, across from oaknoll calling attention to the
hazard. He recommended an addition to the Code that contractors
or builders be required to correct safety hazards created by
them. City Manager Berlin replied this is being investigated
by the Public Works Department.
Ralph , 2129er
er
ircle
a petition fromlresidentsPinmtheCSycamorepearedStreet areaerequng
est-
ing the City proceed with the Paving of Sycamore Street south
of California Avenue to the road leading to Grant Wood School,
due to severe dust conditions. City Manager Neal Berlin in-
dicated a report would come from the Department of Public Works
on the policies and schedules for paving. It was moved by
Selzer and seconded by Perret to receive and file the petition.
Motion adopted, unanimously.
James Powers, 2324 Mayfield Road and John Morrissey,
513 S. Van Buren appeared regarding Freeway 518.
Mayor Neuhauser proclaimed May 10-15, 1976 as Iowa City
Hospital Week and May 10-14, 1976 as Municipal Clerk's Week,
and commended City Clerk, Abbie Stolfus, for her work.
Page 2
Official Actions
May 11, 1976
Joseph Patrick, 1190 E. Court appeared requesting
Item 4-c-1 be deleted from the consent calendar. He read
his letter which included a petition from residents from that
section of East Court Street bounded by Summit to Muscatine,
who are requesting the street be designated as a "local" or
"neighborhood" street and to divert from it arterial and
collector type traffic. After discussion of suggestions,
the Mayor requested that the Director of Public Works give
a presentation. Moved by Foster and seconded by Balmer that
the following agenda items and recommendations in the Consent
Calendar, as amended, be approved and/or adopted:
Reading of minutes of Official Actions of Council meeting
of April 27, 1976, subject to correction, as recommended
by the City Clerk
Minutes of Boards and Commissions
Human Relations Comm., 4/26/76
Correspondence
Letter from Douglass B. Lee, Jr., spokesperson for
residents of the block bounded by Jefferson, Gilbert,
Market and Linn Streets, requesting adequate pro-
tection against traffic noise and fumes. Referred
to the Dept. of Public Works for reply.
The motion was approved by the following roll call vote: Ayes:
Balmer, deProsse, Foster, Neuhauser, Perret, Selzer, Vevera.
Mayor Neuhauser noted Item 5, recommendation of the Human
Relations Commission to approve Private Club Guidelines will
be deferred until next week. It was pointed out that the
Commission had received input from private clubs.
City Manager Berlin called attention to the letter from
Carol K. Sueppel, owner of the Goody Shop, regarding assign-
ment of the lease. Moved by Foster and seconded by deProsse
to approve assignment of the lease to George and Meta Ireland.
Motion adopted, unanimously. Mr. Berlin also informed Council
that a request had been received from the National Guard to land
2 helicopters on May 16th at the National Guard Armory for a
Special Program and according to the Municipal Code, the Mayor
and Council are required to give written approval for any
landing outside of the airport. Moved by Balmer and seconded
by Selzer to permit landing the helicopters at the Armory.
Motion adopted, unanimously. Mr. Berlin noted information
had been received from the State yesterday regarding the Budget
appeal and that the City must respond to that information
• 0
Page 3 Official Actions
May 11, 1976
within 7 days, if an appeal is to be submitted to the State
Board. Moved by deProsse and seconded by Perret to authorize
the submission of the budget appeal. Motion adopted, unani-
mously. Mr. Berlin also announced the Old Post Office Building
will be advertized for public sale on May 21, and bids will
be received on the 23rd of June. The City Manager also in-
formed Council the low bid on the Urban Renewal project notes
was 2.988, and acceptable to HUD.
Public Hearing was held on the Disposition of a Portion
Of Lot 5, Mall First Addition, to Whitehouse Enterprises.
Council had determined that no access on First Avenue would
be permitted because this would change the value of the land
and because of potential traffic problems. There being no
persons present to speak, the public hearing was closed.
Public Hearing was held on an Ordinance Amending the
Municipal Code of the City by Repealing Ordinance 2319, 2335,
2415, 2438, 2496, 2521, 2525 and 2551 (Chapter 9.30 of the
Municipal Code) and Enacting New Provisions in Lieu Thereof,
amending the present Code with respect to inspections and
housing code provisions. Those appearing for discussion
were: Bob Downer, 126 Potomac Drive representing a committee
appointed by the Board of Directors of the Iowa City Multiple
Listing Service and Iowa City Board of Realtors; W.A. Fotsch,
Coralville Realtor; Bill Terry, 206 West Park Rd., Mgr. of
Hawkeye Property Management; Wayne Whitmarsh, 3116 Maplewood
Lane; Fredine Branson, Chairperson of the Housing Commission;
Rev. Robert Welsh, 2526 Mayfield Road; Lou Eichler, 1302 Carroll;
Linda Nelson, 641 S. Lucas St., Andrea Hauer, 5624 Daum, represent-
ing the University of Iowa Student Senate; Marie Costa, represent-
ing MayFlower Tenant Organization; Harold Wessling, 1422 Cali-
fornia Ave., Jeff Goudie, representing ISPIRG; Jim Shaw, 535
S. Johnson; and Susan Petrell, 1218 E. College, representing
Tenants United for Action. There being no others present to
speak, the hearing was declared closed.
Mayor Neuhauser declared a 5 minute recess.
Moved by Perret and seconded by deProsse to receive
and file the letter from Wayne Whitmarsh. Motion adopted,
unanimously.
Moved by Balmer and seconded by Perret to set a Public
Hearing for Storm Water Management Ordinance for 5/25/76 at
7:30 P.M. in the Council Chambers. Motion adopted, unanimously.
Page 4 Official Actions
May 11, 1976
After discussion of present procedures, moved by Foster
and seconded by deProsse that the Ordinance Providing for
the Discontinuance of Service, the Establishment of Liens
for unpaid Water Bills and Repealing Section VI of Ordinance
75-2773, be considered and given first vote for passage.
Roll call on adoption: Ayes: deProsse, Foster, Neuhauser,
Perret, Selzer, Balmer. Nays: Vevera. Motion adopted, 6/1.
Bill Terry and Lou Eichler appeared for discussion. The
City Manager was requested to present more information
on this procedure.
Moved by Foster and seconded by Vevera that the Ordi-
nance to Revise the Amortization Schedule for Removal of
Nonconforming Signs, be considered and given second vote for
passage. Roll call: Ayes: Foster, Selzer, Vevera, deProsse.
Nays: Neuhauser, Perret. Abstain: Balmer. Motion adopted, 4/2/1.
Moved by Foster and seconded by Vevera that the rule
requiring that ordinances must be considered and voted on
for passage at two Council meetings prior to the meeting at
which it is to be finally passed be suspended, that the second
consideration and vote be waived, and the Ordinance Rezoning
a 12.9 Acre Tract of Land from R1A to RIB for Frantz Con-
struction in the Mt. Prospect III area, be voted upon for
final passage at this time. Roll call: Ayes: Foster, Neuhauser,
Selzer, Vevera, Balmer, deProsse. Nays: Perret. Motion adopted,
6/1. Moved by Foster and seconded by Vevera to adopt Ordi-
nance 76-2759, recorded in book 10, pages 7-8. Roll call:
Ayes: Neuhauser, Perret, Selzer, Vevera, Balmer, Foster.
Nays: deProsse. Ordinance adopted, 6/1.
Moved by Foster and seconded by Vevera that the Ordi-
nance for the Planned Area Development Plan of Part of Lot 23,
MacBride Addition, Part 1 be considered and given second vote
for passage. Roll call: Ayes: Neuhauser, Perret, Selzer,
Vevera, Balmer, deProsse, Foster. Motion adopted, 7/0.
Moved by deProsse and seconded by Vevera to defer the
Resolution Concurring with and accepting the National Functional
Classification Map (FAUS) for the City of Iowa City, as
Delivered by the State of Iowa, Department of Transportation
for further report on specific changes. Motion adopted, 7/0.
Moved by Balmer and seconded by Vevera to adopt Resolution
No. 76-134, recorded in book 35, page 163, Approving Change
Order No. 1 in Demolition and Site Clearance Project #5,
U.R. Project R-14. Roll call: Ayes: Perret, Selzer, Vevera,
Balmer, deProsse, Foster, Neuhauser. Resolution adopted, 7/0.
Page 5 Official Actions
May 11, 1976
Moved by Balmer and seconded by Perret to adopt Reso-
lution No. 76-135, recorded in book 35, page 164, Establish-
ing a Fee for Certain Services Performed by the Fire Depart-
ment. Roll call: Ayes: Selzer, Vevera, Balmer, deProsse,
Foster, Neuhauser, Perret. Resolution adopted, 7/0.
The Mayor noted Item No. 18, Resolution Establishing
a Fee for Certain Services Performed by the Police Department
had been deferred for changes as discussed at an informal
Council meeting.
After discussion, moved by Perret and seconded by Foster
to defer for a week, the Resolution Authorizing the University
of Iowa to Construct the Finkbine Commuter Bicycle Trail
with Federal Funds and Project GREEN Funds allocated to the
City of Iowa City for this purpose, as the University has
decided to change the route. Motion adopted, unanimously.
Moved by Perret and seconded by deProsse to adopt Reso-
lution No. 76-136, recorded in book 35, pages 165-166,
Recognizing the Committee on Community Needs, which was
approved by the Rules Committee. Mayor Neuhauser asked that
the minutes reflect that the concensus of the Council was
that the Committee's life is contingent on receipt of HCDA
funds. Roll call: Ayes: Vevera, Balmer, deProsse, Foster,
Neuhauser, Perret, Selzer. Nays: none. Resolution adopted, 7/0
Moved by Foster and seconded by Perret to adjourn the
meeting at 10:40 P.M. Motion adopted, unanimously.
For a more detailed and complete description of Activities
see Office of the City Clerk.
i'W,1 l- ��lPll.�l(HA 1Q.1
Mayor
City Clerk
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umc) ANu bNALriNO NEW PROVISIONS IN LIEU
- Comment:
The Housing Commission at a meeting held :on March 15,:1976, recom
by a-4 - l vote approval of;an ordinance which repeals the Housin
Code and establishes a new Code in `lieuj;thereof The proposed 4
Housing Code revises and amends the'presentrCode;_%rith Te_ cti.to
inspections and housing code.; provisions. The Coimcil'received;tii
proposed standards in the packet ,dated'ApiiL 20;,1976. +The propos
minimum housing standards were discussed at the informal -Council
meeting of April 12.
Action:
1.10, S
La>
Item No. 10 -
CONSIDER MOTION SETTING PUBLIC HEARING FORSTORM WATER MANAGEhiFNi
.<
ORDINANCE FOR MAY,25, 1976.-
• Comment:
This Public Hearing will be held to obtain further;commentsron thi
Storm Water Management Ordinance. -;'Essentially, ahe Storm_WaterF
Management Ordinance provides for storage_of.water on arty resi.d'
development of two (2) acres -or more, or; any commercial;4industr
institutional, government facility, or, utility or othe'.V, velopmen
ofone._(1) acre: or more.
- Action::e10
Item No. 11 -
CONSIDER ORDINANCE PROVIDING FOR THE DISCONPINUANCE`OF SFdtVICE� 3!
ESTABLISFHENT:OF LIENS FOR UNPAID WATER '$ILLS AND -REPEALING SECTI(
VI OF ORDINANCE 75-2773. '(First consideration r �> 1.
Comment:
This ordinance modifies the present ;ordihance which authorizes.thi
ry. L
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max!
Agenda
Regular Council
Meeting
• May 11, 1976 *7:30
PM
Page S
CONSIDER ORDINANCE TO REVISE THE'AMORTIZATI(
It No. 12--
OF NONCONFORMING SIGNS (Second consideratim
Comment:_
The Planning and Zoning commission :at a regi
1, 1976, recommended by a-6 to 0•vote'
April
ordinance which would extend the period of;.
ing signs must be removed -from three years.-
the majority opinion of the Sign Review Con!
-extended period of time would allow busines
the should
of greater -value and that period
end of the existing amortization period oni,
pu(blijc hearing on this item was held April'
Action:
t D 1 ���' 2'
Item No. 13
l'
- CONSIDER ORDINANCE REZONING Al2.9 ACRE TR
RlB. Z-7603 (Second consideration)
Comment:
The Planning and Zoning Commissi.on'.at thei
bya 4 - 0 vote
March 4, 19760 recommended
submitted by Frantz Construction ComP?ny'.t
located south of Highway 6;Bypass_and"east
76--d 79,E
Zone-to an RIB Zone. The,subject:t
Inager area petitioned by Frantz Constincl
lan
r
to an R1B Zone"and R2. Zone previously den3
section. of:the `Staff•,Report dated Februar)
furnished to the"Council with the= agenda
hearing was held April 13
Act•
Jon`this''.item
� � V-�`� ,�,� te!-a.,:v-t �-G..ia-i
ion...
max!
OAgenda
Regular Council Meeting
My 1976
7:30 PM
Page 6
Item No. 15 -
CONSIDER RESOLUTION CONCURRING WITH AND ACCEPTING.';
:FUNCTIONAL CLASSIFICATION W . (FAUS) FOR`.THE CITY:(
AS DELIVERED BY THE STATE OF IOWA;'DEPARTmwr-: 77
Comment:
The map, supplied by IDOT, had some minor, changes,ti
-
concur. _Public Works recommends :.that Council accel
classification for Iowa,City as..represented on the -
Action
4-0—
n
Item No. W-
CONSIDER RESOLUITION APPROVING CHANGE ORDERNO. 1 I1
/
SITE CLEARANCE PROJECT N5.
Comment:
This resolution extends the completion date from Ma
May 10, 1976. Public Works recommends thei;adoption
The Contractor was delayed awaitingIa.#inal_-City de
College':Block building and one `Urban"Renewil'house
will not be resolved in the foresee able=futu-m and_?
Ohas
been instructed to complete the contract
Action:'
Item No. 17 i=
CONSIDER RESOLUTION, ESTABLISHING A FEE FOR CERTAIN
S
'BY THE FIREDEPARTMENT.
amen :This.resolutim
establishes' certain fees and charge
LL
performed by_the ,Fire Department.-. These;seivices,a
orientated and areQQther.than those required by,Sta
law.
Action:
' P C. (a
Item No, �.009VSIDER
RESOLUTION ESTABLISHING A FEE FOR. CERTAIN;
BY 71M POLICE DEPAIUMW,
Comment.
This resolution establishes :certain fees and charge:
performed by.thePolice Department:`."These -:services-
orientated andareother than those. required by Stat
law,
Action:------------
-�r�t�,(A
'a
A.
Agenda
Regular Council Meeting
:� May 119 1976.
7:30 PM
Page ?
Item No. 191-
CONSIDER RESOLUTION ALMMIZING THE.UNIVERSITY OF'I
THE FINKBINE COH4JIER:BICYCLE TRAIL, WITH FEDERALTU
GREEN FUNDS ALLOCATED TO THE 'CITY -OF IOWA" CITY :POR`
Comment:
The City Council met May 3 to discuss the Bikeway I
The application representsinnovative projects by t
of,a bikeway path along Finkbine`Golf.Course The';
for this project is $66,500. The local share is-on
amount or $13,300.` Local' funds, which have been -"&i
Project GREEN $10,000;,University of Iowd-$2,000;;_`f
City of Iowa City $300. These,groups;plus the'StE
ment, are all working 'together, -t
Action:.
(on-thi's"project
Item No. 20'-
CONSIDER RESOLLTTICN RECOGNIZING THE" COAf4ITTEE ON 0
j Ir
Comment:
This resolution formally recognizes the Committee :q
as an official` committee oot the City of Iowa City.;
• Action:,
G
V
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r 0125•
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<fy
4.�+--
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hy.i.-
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PERRET ✓
SELZER �✓
VEVERA-- �/ '-
elty of Iowa City 0
h
It �' 1: `{ ..•T. 'i .i • 1. > .'•• It D^'J S
DATV May 7, 1976
TO: City Council
FROM: City Manager
RE: Informal Session Agendas
10, 1976
1:30 - 1:45 p.m. - Council Time
1:45 - 2:00 p.m. - Review Formal Agenda
2:00 - 2:45 p.m. - Iowa DOT and the Policy Committee of ATS requested to meet
informally with the City Council to provide additional
local input prior to reviewing the programming status of
the proposed freeway 518. The Council received notice
of this meeting in the packet dated April 23.
2:45 - 3:30 p.m. - Council evaluation of the Manager.
May 11, 1976 Tuesday
7:30 p.m. - Regular Council Meeting - Council Chambers
May 12 1976 Wednesday
3:30 p.m. - JCRPC Executive Board - Recreation Center
7:30 p.m. - JCRPC Land Use and Water Resources - First Christian
Church Lounge
May 13, 1976 Thursday
7:30 p.m. - JCRPC CACI - Recreation Center Room B
May 17, 1976 Monday
1:30 -
1:45
p.m. -
Council
Time
1:45
- 2:00
p.m. -
Review
Formal Agenda
2:00
- 4:00
p.m. -
Discuss
Capital Improvements Projects for FY 78-81.
May 18, 1976 Tuesday
7:30 p.m. - Regular Council Meeting - Council Chambers
Pendingg Items
Sectl6n 9 lo—using Proposal and Application 2/16
Design Review Co:mnittee Authority
Anti -Trust Ordinance
University Heights' Contract
Status Report on Rehabilitation Program
Review Title XX with Box Hibbeler 3/8
Discuss Resource and Recovery with Coralville Council and the University of Ia.
Review Budgeting Process
FIRST CHRISTIAN CHURCH
217 IOWA AVE. BOX 087 IOWA CITY. IOWA 02240 PHONE 337-41BI -.+ �I
MINISTER:
ROBERT L. WELSH
ALL BELIEVERS IN CHRIST
May 7, 1976
The City Council
City of Iowa City
Civic Center
Iowa City, Iowa52240
Members of the Council:
On May 2nd we expressed to you our deep concern for the
safety of persons in downtown Iowa City.
The hazardous conditions that exist on Dubuque south of
Washington and on College between Linn and Clinton as a
result of traffic barriers and resulting congestion are danger-
ous to both pedestrian and vehicular traffic.
Although there are many questions related to the present con-
dition and the future plans, this letter seeks to address itself
to the single concern for safety and to express the hope that
the City Council will take action to assure that this hazardous
condition is corrected.
This letter is addressed to the City Council rather than the
Public Works Department because the vacation of parking meters
and public right-of-way are areas in which the City Council has
responsibility.
Our concern is that this condition be corrected immediately before
someone is seriously injured.
Sincerely,
r`
Pat Harding, Chairman
Robert L. Welsh
f
0 •
FIRST CHRISTIAN CHURCH
217 IOWA AVE. BOX BB7 IOWA CITY. IOWA 52240 PHONE 337.4191 /Iff
MINISTER:
ROBERT L. WELSH
ALL BELIEVERS IN CHRIST
May 7, 1976
The City Council
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Members of the Council:
On May 2nd we expressed to you our continued interest in
helping to provide elderly housing downtown.
We trust that you, as members of the City Council, are also
committed to providing elderly housing in downtown Iowa City.
We are eager to work with you in evaluating possible sites
and in finding land for this purpose.
Our concern is that a facility be built which addresses itself
not only to the housing needs of the elderly but to the com-
munity services so essential to our elderly residents.
We are aware of the fact that there are and will be many
obstacles to overcome. But we are convinced that this is
an achievable goal.
Sincerely,
1 � '
✓'lli' `7t` c!'Lli �
Pat Harding, Chairman
Robert L. Welsh
10
Members of the Council RIVED MAY 1 1 1976
City of Iowa City
Civic Center
Iowa City, Iowa 522110 -
We, the undersigned, respectfully request that the City of Iowa
City proceed immediately with the paving of Sycamore Street, beginning where
the paving now ends (south of California Avenue) and pave to at least where it
joins with the road (now not usable) to Grant Wood School.
This stretch of Sycamore Street is within the limits of Iowa City
and the dust e our and now are so Of severe, that we cannot open
windows or use our yards.
NAME:
ADDRESS:
DATE:
r s I
,ham
o
—71 ut
L
.../
..
! 7
edoj��,.v, Yi:=.
OFFICE 338-7923
RES. PHONE 644-2370
TO WHOM IT MAY CONCERN:
`.`.OED MAY 1 ? !n7g
.25 THIRD STREET
P.O. BOX 209 - _- • L,T�- _. �{
IOWA CITY. IOWA 52240
Aur/z&4 '46"..t
The undersigned, Frantz Construction Co., Inc., an Iowa corporation
with principal place of business in Johnson County, Iowa does hereby certify,
warranty and guarantee that said corporation will pay for any costs of the
paving of Sycamore Street in Iowa City' Johnson County, Iowa which abutts
lots in Part 1 and Part 1B, Mount Prospect Addition to Iowa City, Iowa,
according to the recorded plat thereof.
The undersigned further certifies that said corporation shall save
the owners of said lots harmless from the payment of any special assessment
for the original paving of said street _as the same may be originally paved
or assessed for srid original paving s"sequent tothe date of this document.
The undersigned will not pay'.for and the owners of said above
referred to lots will asstune and pay for any special assessments for sidewalks
required by the City of Iowa City, Iowa along Sycamore Street and assessable
to said lots.
DATED this day of October, 1974.
FRANTZ CONSTRUCTION CO., INC.
BY:
Burton J. Frantz
•
0
A�M OEM CHIC CENTER 410 E. WASHINGTON ST. rj�s
im IBX
f //�/1//� 64a�
K, IOWA CITY,IOWAI
MAYOR
MARY NEUNAUIER
MUNCIE MEMIERE
ANN IALMIP
CAPOLMAOIII
LI IOMR
OAV IO EIPRIT
MAx R
POIEPT VIVVIvIPA
P R 0 C LAkiATI0N
WHEREAS, the City of Iowa City is a recognized major center of health
care in the Midwest, and
WHEREAS, our several fine hospitals, including Mercy Hospital, the Veterans
Administration Hospital and the various units of the University
Hospitals complex at the University of Iowa, together constitute
a community human resource of outstanding magnitude, and
® WHEREAS, broader public awareness and understanding of the vital roles
these institutions play in community life is indispensible to the
vigor and growth of health care and health services in this metro-
politan region, and
•
WHEREAS, in this Bicentennial year each of Iowa City's hospitals are striving
to meet the challenges of providing quality health care during the
next 200 years, and
WHEREAS, it is indeed fitting to recognize the continuing contributions of
each of the three facilities. A voluntary, a state, and a federal
hospital contribute to the prosperity and bright future of Iowa
City.
NOW, THEREFORE, I, Many C. Neuhau6 , Mayot 06 Iowa City, Iowa, do ptociaim
.the week o6 b4ay 10 - 15, 1976, a6 IOWA CITU HOSPITAL WEEK, and I
urge aU ci ti.zen6 to give 6peei.ae tecogn.i tion to our Poeae ho6pi tatz
during this pelLi.od, and to extend to the,ih medieae, nuuing and
admini-6ttative nta666 appneciati.on bot the invatuabee 5eAv.i.cm
they ptov.ide.
Dated .in Iowa C1.ty, Iowa,
thi.e 11th day o6 Ikfay, 1976.
ayot
Prortamation
WHEREAS, municipal government, in order to best serve the needs of
the citizenry, must be operated with efficiency and in an
orderly manner; and
WHEREAS, the efficiency and order with which government carries out
its public functions is strongly reliant on procedures and
records; and
WHEREAS, the Municipal Clerks administer the procedures and keep the
records; and
WHEREAS, an organized source of knowledge about a community and its
government activities is vital to the smooth governing of
that municipality; and
WHEREAS, the Municipal Clerks provide and maintain such a body of
knowledge; and
WHEREAS, the strength of local government depends upon the citizens'
opinion of it, and such opinion is formed largely by the
image set forth by the municipal government employees; and
WHEREAS, the Municipal Clerk is the municipal official most closely
in daily contact with the citizenry, and therefore is a key
position to mold sound public opinion; and
WHEREAS, during our Bicentennial Observance, it is most appropriate
that we recognize an historic municipal office which grew
out of the traditions of our democratic heritage.
NOW, THEREFORE, I, Mary C. Neuhauser, Mayor of the City of Iowa City,
do hereby proclaim the week of May10 through May 14, 1976, as MJNICIPAL
CLERK'S WEEK in recognition of the vital services they perform and their
outstanding dedication to the communities they represent.
DATED this day of May, 1976.
0
0
The International Institute of Municipal Clerks
160 N. ALTADENA DRIVE • PASADENA, CALIF. 91107 - PHONE (213) 795.6153
Ex ECU7I V E COMMITTEE - 19111916
'o-1 idr Nr_Irn
G;r Cfn[. Gn ILII
/til A•vlt ra5r.nna 'anq]
IIIJI I!LS Tn
"" ""`^" To the Mayor and Members of the
JN 1'rr DY If,[,
"""`"'""' Legislative Body
I f.IJ/ JQIR n
P..•MI rn/.,...... rut
411,1., P, c, .
Gtr CrnL. O.. l42
4al n\ t;: JS
Llvrl.r.p f.rr. CII,
I ]IJI n,l23l1
D19ECTON6 - 1975 E,,.,,,
Sr..r.r Aa,uv
/4,Trr GrY CF, r[
Cm Cl.rr,Grt/(M
Dab'Grs. C"LFmu 9+d3
Hly 11 •.^/J
Dw EC roS.- Ipn 6a..nr
Ax"", II Ca!4, f IX
n:i ra.l. llyd:.,.,., ,•: 11
U/JI Jn-, Cl/
W"J"',C V—, r!"
G!Y cr.nr.
Part .. An,
f4L, P:mr. L. .u� 'sill
/01.... a hJ.lr. ( v[
C aJI tui:: a.
D.wRIUrl1 •9r✓(.ryrr.
This year will mark the 200th Anniversary of the founding of our
great nation -- a nation dedicated to the protection of our indiv-
idual freedom and which guarantees full citizen participation in
the affairs of government.
The cornerstone of our democracy is our local government and the
responsible people who serve it. Our local officials come from
the citizenry, are dedicated to serving their community needs,
and are aware of their inherited responsibility to preserve the
fundamental source of local representation.
Your Municipal Clerk is one such local official who epitomizes
the strength of our system of government. Your Municipal Clerk
holds an office which has grown out of the traditions of our
democratic heritage when this nation was founded and which has
developed as this nation expanded and matured. It is an office
that for centuries has been directly involved with serving the
needs of the public. It is an office that is of fundamental
importance to the smooth operation of daily administrative tasks
and continuity and preservation of government.
It is fitting, therefore, that during the Bicentennial Obser-
vance, your Municipal Clerk be honored with the special obser-
vance of Municipal Clerk's I -leek through proclamation, celebra-
tion, and testimony. While the Municipal Clerk's work is not
spectacular, it demands versatility, alertness, accuracy, and
no end of patience. The public does not realize how many loose
ends of municipal administration this office pulls together.
Sincerely yours,
l•,. V w..:. C11C
P:••nuA X.wrr lf•;
b.!•r.nr L.Jr..r:�n .ra
Joseph V. Valenti, CMC
President, IIMC
IU' MAY 61976
ABDIESTO r -US
CITY CLERK'
nrwrrr
John J. Hunnewen
II:r•.n m:l (Te:. 1f:... vl Na4
wr.,r.r: (.T.1r.;r•'r. .rnrrJ
F.'.xealrive Director
Lois Anderson
n:•.'. ,,.rn...>.,. r•!c
May 1 1976
Office Manager
!n,'CL.I'ff",x �•n Yu'J:nl ,
/'Intim JrG.,J FJ. •rl
I•-Vl b1n•ll
'o-1 idr Nr_Irn
G;r Cfn[. Gn ILII
/til A•vlt ra5r.nna 'anq]
IIIJI I!LS Tn
"" ""`^" To the Mayor and Members of the
JN 1'rr DY If,[,
"""`"'""' Legislative Body
I f.IJ/ JQIR n
P..•MI rn/.,...... rut
411,1., P, c, .
Gtr CrnL. O.. l42
4al n\ t;: JS
Llvrl.r.p f.rr. CII,
I ]IJI n,l23l1
D19ECTON6 - 1975 E,,.,,,
Sr..r.r Aa,uv
/4,Trr GrY CF, r[
Cm Cl.rr,Grt/(M
Dab'Grs. C"LFmu 9+d3
Hly 11 •.^/J
Dw EC roS.- Ipn 6a..nr
Ax"", II Ca!4, f IX
n:i ra.l. llyd:.,.,., ,•: 11
U/JI Jn-, Cl/
W"J"',C V—, r!"
G!Y cr.nr.
Part .. An,
f4L, P:mr. L. .u� 'sill
/01.... a hJ.lr. ( v[
C aJI tui:: a.
D.wRIUrl1 •9r✓(.ryrr.
This year will mark the 200th Anniversary of the founding of our
great nation -- a nation dedicated to the protection of our indiv-
idual freedom and which guarantees full citizen participation in
the affairs of government.
The cornerstone of our democracy is our local government and the
responsible people who serve it. Our local officials come from
the citizenry, are dedicated to serving their community needs,
and are aware of their inherited responsibility to preserve the
fundamental source of local representation.
Your Municipal Clerk is one such local official who epitomizes
the strength of our system of government. Your Municipal Clerk
holds an office which has grown out of the traditions of our
democratic heritage when this nation was founded and which has
developed as this nation expanded and matured. It is an office
that for centuries has been directly involved with serving the
needs of the public. It is an office that is of fundamental
importance to the smooth operation of daily administrative tasks
and continuity and preservation of government.
It is fitting, therefore, that during the Bicentennial Obser-
vance, your Municipal Clerk be honored with the special obser-
vance of Municipal Clerk's I -leek through proclamation, celebra-
tion, and testimony. While the Municipal Clerk's work is not
spectacular, it demands versatility, alertness, accuracy, and
no end of patience. The public does not realize how many loose
ends of municipal administration this office pulls together.
Sincerely yours,
l•,. V w..:. C11C
P:••nuA X.wrr lf•;
b.!•r.nr L.Jr..r:�n .ra
Joseph V. Valenti, CMC
President, IIMC
IU' MAY 61976
ABDIESTO r -US
CITY CLERK'
0 0
I ternational Institute of Municipal Clerks
160 N. ALTADENA DRIVE • PASADENA, CALIF. 91107 • PHONE (213) 795-6153
John J. Hunnewell
Executive Director
Lois Anderson
Office Secretary
May 1, 1976
Dear Fellow Municipal Clerk:
The second week in May is Municipal Clerk's Week. It is a time set
aside to focus the attention of the public on the importance of the
office of Municipal Clerk.
We call upon all our members to encourage full participation in
observing Municipal Clerk's week by issuing proclamations, sending
out news releases, and holding special events such as open house,
public observances, etc., that wi11 announce this week in their
community.
To aid you in your celebration, TIMC has prepared several items which
you may adapt to your local situation. Included is a letter from
IINIC President Joseph V. Valenti, CMC, calling upon your mayor and
members of your legislative body to proclaim "Municipal Clerk's week".
The sample proclamation can be adapted within the framework of your
requirements. The news release informs the general public on some
of the historical highlights of the Municipal Clerk's office and
can be expanded to include local history as well. And the one-page
summary of the history of the Municipal Clerk's profession can be
easily reproduced for wide-sproad distribution to the public.
Finally, you are reminded that the TIMC Municipal Clerk's week Com-
mittee, chaired by Ilelen Kawagoo of Carson, Calif ., has two joint
resolutions in Congress -- 11. J. Res. 227 and S. J. Res. 45 --
requesting the President to proclaim the second week in May as M ni-
cipaL Clerk's Week. Please send a copy of your local proclamation
and local newspaper publicity to your Congressman and Senators as
testimonies on how their constituents feel about their Municipal
Clerk. (Also don't forget to send to the TIMC Headquarters, copies
of all proclamations, news articles, etc. for its files.)
This program and these materials are being sent to you as part of
the membership services of IIMC -- your professional association
that is devoted to advancing the recognition of the Municipal Clerk's
office.
0
From the INTERNATIONAL INSTITUTED
Of MUNidpAt C[ERks
160 NORTH ALTADENA DRIVE • PASADENA. CALIFORNIA 91107 • /2131 7956153
May 1, 1976 Release Upon Receipt
MUNICIPAL CLERKS: A PART
OF OUR BICENTENNIAL OBSERVANCE
The second week in May will mark the observance of Municipal Clerk's Week.
Sponsored by the International Institute of Municipal Clerks, the professional
association of over three thousand city, town, village, township, and borough
clerks, this special celebration will salute the historic office which dates
back to the founding of our nation.
"It is fitting that local communities across this great nation of ours
take time during our Bicentennial Celebration to salute one of the oldest offices
in local government," stated Joseph V. Valenti, CMC, Municipal Clerk of Woodbridge,
N. J., and President of the IIMC. "The office of Municipal Clerk existed at the
very beginning of our democratic form of government. It has been cited in the
Bible, developed in medieval England, and was established as an essential part
of our colonial town meeting system," stated Valenti.
Shortly after the colonization of what were to become the original 13
states, the town clerk played an important role in the economic life of the
community. Deeds and mortgages had to be recorded, legal matters had to be kept
straight, znd action of the town meetings had to be accurately written and
preserved. The town clerk became the permanent under-secretary who was undisturbed
by political upheavals. According to one historian writing about Puritan New
England, "Constables, selectmen, and, especially, ministers could be changed to
satisfy fickle demands, but the town clerk kept the books and a good one was too
valuable to meddle with."
Today, the office of Municipal Clerk can be found in every state, and in lost
(OVER)
communities. The position may be known under a variety of
titles such as city or
village clerk, municipal secretary, recorder, clerk of council, or auditor. This
office is the only major administrative position in local -government in which the'
majority of the occupants are women. Furthermore, of the total number of women
holding top executive positions in local government (mayor, manager, clerk, finance
officer, public works director, fire chief, police chief), over 70 percent of them
are municipal clerks.
khile the recording of council actions and the maintenance of the official
records of the city are still an important function of the office, today's
municipal clerk is more likely to perform several major duties. Over three-quarters
of them are responsible for all or some of the election function in their community.
Two-thirds issue business licenses and/or other licenses such as hunting, fishing,
dog, bicycle, etc. A third of them record vital statistics. In a number of states
the municipal clerk has the additional duty of finance officer or treasurer. And
a significant number of municipal clerks (29 percent) serve as the full-time admin-
istrative officer, especially in the smaller villages and towns.
An article appearing in Nation's Cities, the magazine of the National League
of Cities, stated: "Today's municipal clerks through their own efforts continue
to dedicate themselves to best serve the needs of the citizenry and to discharge
their public functions in a efficient and orderly manner. They have demonstrated
that they will be fully prepared to accept the challenges that lie ahead for local
government."
EDITOR'S NOTE: The International Institute of Municipal Clerks is devoted to
advancing the professionalization of the office of Municipal Clerk and
improving the administration and efficiency of government. It provides
its more than 3,100 members with educational, conference, research, refer-
ence, and informational services designed to keep its members informed on
the changes in the urban scene.
0
� ^ — 160 NORTH ALTADENA DR/VE PASADENA, CALIFORNIA 91107 12131 795-6153
CLERK: ONE OF THE OLDEST GOVERNMENT PROFESSIONS
The municipal clerk, along with the tax
collector, is the oldest of public servants. The
office can be traced to biblical times and even
before.
St. Paul and his followers during his missionary
work in Persia (now western Turkey) owed their
safety to the action of a town clerk. As related in
Acts XIX, 23-25, the artisans of Ephesus who
made the idols of the time, feared the effect of
Paul's missionary work on their trade. They incited
a mob to seize two of Paul's followers. The town
clerk, however, spoke out against this action and
insisted that charges laid against these men had to
be settled in the proper manner and before the
proper authorities. There was no justification for
riotous conduct. With that, he dispersed the crowd.
Ancient Greece had a city secretary who read
official documents publicly. Al the opening of a
meeting, one of his duties was to read a curse upon
anyone who should seek to deceive the people.
The early keepers of the archives were often
called remembrancers, and before writing came
into use, their memory was the public record.
The title as we know it is derived from the
middle ages. A "Clerk" was any member of a
religious order, a "cleric" or "clergyman." Since,
for all practical purposes, the scholarship of the
Middle Ages was limited to the clergy, the name
"clerk" came to be synonymous with "scholar."
The Office of Clerk can be traced back to the
year 1272 A.D. in the History of the Corporation
of Old London. In the 1500's in England there was
not only the "Towne Clarcke" but also the "Clete
Comptroller of the King's Honorable Household."
In 1603, there was a "Clarke General of the
Armie." King Henry the Eighth had a "Clarke of
the Spicery" and King Charles had his "Clerk of
the Robes."
When the early colonists came to America, they
set up forms of local government to which they
had been accustomed, and the office of clerk was
one of the first established. The colony at
Plymouth appointed a person to act as a recorder.
Over the .years, municipal clerks have become
the hub of government, the direct link between the
inhabitants of their towns and their government.
The clerk is the historian of his community, for the
entire recorded history of the town and its people
is in his care.
The eminent political scientist, Professor
William Bennett Munro, writing in one of the first
textbooks on municipal administration, stated:
"No other office in municipal service has so
many contacts. It serves the mayor, the city
council, the city manager (when there is one), and
all administrative departments without exception.
All of them call upon it, almost daily, for some
service or information. Its work is not spectacular,
but it demands versatility, alertness, accuracy, and
no end of patience. The public does not realize
how many loose ends of city administration this
office pulls together."
Those words, written 40 years ago, are even
more appropriate today.
THE INTERNATIONAL INSTITUTE OF MUNICIPAL: CLERKS
�J
the City Council of Iowa City
;ivic Center
Iowa city, Iowa 522L0
Dear Council .'embers:
i
1190 East Court
Iowa City, Iowa
Nay 3, 1976
,i'
lJ
Street
52240
-.i. S G
CI7'f CLC':::
This letter is intended to call to ,your attention the
enclosed petition signed by fifty-six residents and
immediate neighbors of that section of East Court Street
bounded by Summit Street to the west and I_uscatine
Avenue to the east. It should be noted that these signatures
represent twenty-nine of the thirty-four private dwellings
situated on this portion of Court Street. I an told that
on this street there is only one rental house, and that
all others are owner occupied. The appearance of this
street suggests Its residents' concern for and pride in
maintaining a level of quality long established in this
neighborhood.
A major camoai[;n promise, voiced by candidates in the
1975 Iowa t:ity City Council election, leads my neighbors
and me to believe that our interest in maintaining the
character and quality of our neighborhood is strongly
supported by those elected. We feel that it is our duty
to inform vou, our representatives, of our distress at
the potential deterioration of our neighborhood caused
by external traffic intrusion. This petition, requesting
the designation of this portion of Court Street as a
"local" or "neighborhood" street and the diverting of
arterial and collector type traffic from it, cites the
problem and suggests,/of Council action for its abatement.
r -a means
As I talked with my neighbors about the request our
petition makes almost every person added a new story
to the growing litany of complaints regarding the traffic.
There are the newcomers who bought their house without
making a traffic study. They expressed dismay at the
amount, speed and noise of the traffic on what had appeared
to them to be an entirely residential street, and one
which is not even a. through street. Now they are concerned
that their three year old son will forget, as he rides his
tricycle, that this street is very different indeed from
their former neighborhood street. There is the elderly,
retired woman who walks slowly and had to stand at a
"cross walk" for ten minutes before a long enough break
in the traffic allowed her to pass. There are many of us
0 0
Page Two
whose front norches are rendered useless, abandoned to
the noise of traffic on the street. There are the young
parents who look forward to their move to a safer and
quieter street, although they regret leaving what is
otherwise an ideal neighborhood for their growing family.
Along this part of Court Street there are twenty-three
households, by my counting, whore children of school
age and ,younger live. They are in evidence daily, on
their way to and from school, or playing, on foot, on
bicycles, tricycles, skates and scooters. Along this
section of street there is one "cross walk" marked by
white strives on the street and by a yellow sign which
pictures two figures walking between two horizontal,
parallel lines. On that sign there are no words. And on
the street it is a rare event for a vehicle to stop
for the pedestrian attemptinG to utilize the "cross walk."
Along this three block long section of street there are
no cross streets. There are three north -south streets
which intersect with Court Street on its south side.
But there is no stop sign along the stretch between
Summit Street and Fnuscatine Avenue, and there is no
speed breaker. There is a clear view for vehicles which
are eastbound of the traffic light three blocks away.
In short, there is every incentive to speed, with no
deterrent.
One block to our north there is a major east -west
arterial street. For better or worse, that designation
for rurlington :street is a fact, and we see the toll
It has taken. It retains few of the neighborhood character-
istice which we on Court Street wish to preserve, ti4e
urge the Council, Manager and Staff of Iowa City to
consider our octition and help us maintain our neighborhood.
Sincerely,�/%j
Joseph A. Patrick
A_ Petition •
We, the undersigned, residents 'and
that section of East Court street bounded be neighbors of `
to the West and Muscatine Avenue'. to bouthended
b S�it'street t
City of Iowa City to designate said 'petition the.':;,
Street as court
a "local" or "neighborhood''I.streeto nd to`"divert :V
from: it the current excessive level of;arterial traffic.
We object to our neighborhood being impacted with :art"erial ':-
traffic flow which-could be>diverted to
And haith-Artdled - oil
Street designated as a major east-west artery; one:blook.
to the north. We believe that the approval of :these s
ions would acknowledge and respeot the reaidentiesalls meter.
at largo.
of this neighborhood without detriment to the oommtinity.
Name
Address _
2.
3.
6.
to Wa----in��zcez �(�z'c_
.•Petition r
•
We, the undersigned, residenta'.and immediate neighbors�of_
that section of East Court Street bounded;mm
yby Suit stilet
to the west and.Musoatine'Avenue to` -.Lbs ejsst.' petition the;
City of Iowa City to designate_ said portion -.of East, Court
Street .as a "looal" or "neighborhood'.' street and.'.to;diva rt
from it tha aur nt i 1 1
re ezoeas v eve of;al.teriaI�LraSfia. -
We:obiect to -our neighborhood beins? nnacted"with arterial
traffic flow, wh1oh could be,diverted-to:iind'handled as
street designated as a'major east;.West.avtery#'one
..
block,%
to
the north. We believe that
_thW'approvsil- of -these: suggest- .
ions
would acknowledge and respect
the ra'sidential .&araoter - :
of
this neighborhood without detriment t<the community_
at
large.
Nano
Address
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CIVIC CENTER. 4 1
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�IbA\ CITY IOWA U
.SIN O ( I V\
May 18, 1976
Mr. Joseph A. Patrick
1190 East Court street
10da City, Iava 52240
Dear Mr. Patrick:
The City Council has received the letter from residents on Court street
anA has referred the matter to Public Works for investigation.
This issue is farily canolex and goes into many issues. It is my
belief that a neighborhood meeting to exchange ideas and thoughts might
be the best procedure at this point. I am most hopeful that 2 can meet
with you and other persons who live on the street at a time and place
convenient to you, so that we can discuss this matter in detail.
If this seems like an agreeable start tcF-;ard a solution, please contact
me and we will make mutually agreeable arrangements.
RTP:bz
cc: Neal Berlin
Jim IIrachtel
MINUTES OF OFFICIAL ACTIONS OF COUNCIL
• APRIL 27, 1976
7:30 P.M.
The cost of publishing the following proceedings and
claims is $ Cumulative cost to date during this
calendar year for said publication is $
The Iowa City City Council met in Regular Session on the
27th day of April, 1976, at 7:30 P.M. in the Council Chambers
at the Civic Center. Present: Balmer, deProsse, Foster, Perret,
Selzer, Vevera. Absent: Neuhauser. Mayor Pro Tem deProsse
presiding.
Moved by Selzer and seconded by Vevera that the petition
for a walk -light in front of the May Flower Apartments be re-
ceived and filed and referred to the City Manager and Public
Works Department for consideration and report back. Motion
adopted, Neuhauser absent.
Jim Shive appeared regarding the rezoning request by Frantz
Construction Company for Mount Prospect III, noting the Public
Hearing was held last week. He requested the first and second
consideration of the Ordinance be given at next week's meeting.
Council concurred.
® Mayor Pro Tem deProsse proclaimed April 30, 1976, as Arbor
Day and May 4, 1976, as Horace Mann Day.
Councilman Foster called attention to a correction on page 1,
paragraph 1, of the Official Council Actions of April 6, 1976,
listed in the Consent Calendar which should read Dennis Malone
instead of Dennis Will. City Clerk Abbie Stolfus noted two
additions to the Consent Calendar: (1) -Resolution Approving
Class C Beer Permit Application for East-West Oriental Foods,
615 Iowa Avenue, and (2) Resolution Approving Cigarette Permit
for David E. Stimmel dba/Big 10 D -X, 513 So. Riverside. Moved
by Balmer and seconded by Foster that the following agenda
items and recommendations in the Consent Calendar, as amended,
be approved and/or adopted:
Reading of minutes of official actions of Council meeting
of April 6, 1976, subject to correction, as recommended
by the City Clerk.
Minutes of Boards and Commissions:
Library Board of Trustees, 3/25/76; Design Review
Comm., 4/7/76; Planning and Zoning, 4/15/76; Board
of Adjustment, 4/7/76; Comm. on Commun. Needs, 4/14/76;
40 Riverfront Comm., 4/8/76
r
L
Page 2
Resolutions:
n
u
0
Council Minutes
April 27, 1976
Resolution 476-112, recorded in Res. Book 35, page
138, approving refund for Class B Beer Permit for
K & C Food System dba/S.C.'s, 830 1st Avenue, as
recommended by the City Clerk.
Resolution #76-113, recorded in Res. Book 35, page
139, approving Class C Liquor License Application
for Colonial Bowling Lanes, 2253 Highway 218 South,
as recommended by the City Clerk.
Resolution #76-114, recorded in Res. Book 35, page
140, approving Class C Liquor License, Sunday Sales,
Application for Colonial Bowling Lanes, 2253 High-
way 218 South, as recommended by the City Clerk.
Resolution 476-115, recorded in Res. Book 35, page
141, approving Class A Liquor License Application
for VFW, 3949, 609 Highway 6 By -Pass, as recommended
by the City Clerk.
Resolution #76-116, recorded in Res. Book 35, page
• 142, approving Class A Liquor, Sunday Sales, Appli-
cation for VFW, 3949, 609 Highway 6 By -Pass, as recom-
mended by the City Clerk.
Motion approving disbursements in the amount of
$793,925.50 for the period March 1 - 31, 1976, sub-
ject to audit, as recommended by the Finance Director.
Resolution #76-117, recorded in Res. Book 35, page
143, approving Class C Beer Permit for East-West
Oriental Foods, 615 Iowa Avenue.
Resolution #76-118, recorded in Res. Book 35, page
144, approving Cigarette Permit for David E. Stimmel
dba/Big 10 D -X Service, 513 So. Riverside Dr.
The motion was approved by the following roll call vote: Ayes:
Balmer, deProsse, Foster, Perret, Selzer, Vevera. Absent:
Neuhauser. Resolution adopted, 6/0.
Moved by Selzer and seconded by Vevera to adopt Resolution
No. 76-119, recorded in Resolution Book 35, page 145, Approving
Preliminary Plat of Village Green Addition, Part 6. Roll call:
Ayes: deProsse, Foster, Perret, Selzer, Vevera, Balmer. Nays:
• none. Absent: Neuhauser. Resolution adopted, 6/0.
•
0
Page 3
0
Council Minutes
April 27, 1976
Mayor Pro Tem deProsse announced a vacancy on the Board
of Appeals for an unexpired term ending December 31, 1976,
with appointment to be made May 25, 1976.
After explanation by City Manager Berlin, moved by Foster
and seconded by Vevera to adopt Resolution No. 76-120, re-
corded in Resolution Book 35, page 146, Scheduling a Public
Hearing on the Destruction of an Animal, be held May 4, 1976,
at 7:30 P.M. in the Council Chambers. Roll call: Ayes: Foster,
Perret, Selzer, Vevera, Balmer, deProsse. Nays: none. Absent:
Neuhauser. Resolution adopted, 6/0.
Public Hearing was held on the Ordinance to Revise the
Amortization Schedule for Removal of Nonconforming Signs. Tom
Coulter appeared objecting to the present sign ordinance re-
quirements. City Manager Berlin commented that the City Attor-
ney has been asked to give a specific proposal to the Sign Re-
view Committee for an amendment, perhaps before the Sign ordi-
nance review is complete, so there can be some resolution as
to the question of roof -top signs. There being no others pre-
sent to speak, the hearing was declared closed.
Public Hearing was held on the proposed Plans, Specifica-
tions, Contract and Estimated Cost for the FY 177 Slurry Seal
Project. After discussion, Council decided to discuss the
project in informal session, the Resolution to be placed on
next week's formal agenda.
Public Hearing was held on the Proposed Planned Area De-
velopment Plan of Part of Lot 23 of MacBride Addition, Part 1.
There being no others present to speak, the hearing was de-
clared closed.
Moved by Balmer and seconded by Perret to adopt Resolution
No. 76-121, recorded in Res. Book 35, pages 147-148, Setting
a Public Hearing on May 11, 1976, to Sell Public Property, as
a result of the First Avenue Realignment Project, to White-
house Enterprises. Roll call: Ayes: Foster, Perret, Selzer,
Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser.
Resolution adopted, 6/0.
Moved by Balmer and seconded by Vevera to defer Setting
a Public Hearing on an Ordinance Which Repeals the Housing Code
and Establishes a New Code in Lieu Thereof until the Housing
Commission requests the City Council to set a public hearing
again. After discussion, moved by Balmer and seconded by Vevera
to withdraw the previous motion. Moved by Selzer and seconded
by Vevera to defer the matter and instruct the Housing Commis-
e sion to disseminate the draft of the Ordinance to all Organi-
zations within the Community and get their input before Council
® 0
Page 4
• Council Minutes
April 27, 1976
has the public hearing.Motion failed, 3/4, Perret, Balmer,
Foster and seconded b Voting "no"; Neuhauser absent. Moved by
the Minimum Housing y Perret to set the Public Hearing on
Council Chambers. g Code on May 11, 1976, at 7:30 P.M, in the
"no", Neuhauser absentmot, 4 adopted, Selzer, Vevera voting
9/2.
Moved by Balmer and seconded by Foster to adopt Resolu-
tion No. 76-122, recorded in Resolution Book 35, page 149,
pality Approving the FY 177, '78, and '79 Official Report of Munici-
Vevera,for Street deProsse construction.
t
cion.FosteRoll call: Ayes: Selzer,
Perret
sent: Neuhauser. Resolution adopted, 6/0•Nays: none. Ab_
Moved by Foster and seconded by Perret to adopt Resolu-
tion No. 76-123, recorded in Res. Book 35, page 150, Author-
izing the Execution of the Urban Mass Transportation Capital
Grant Contract in the amount of $1,071,832. Roll call: Vevera,
Balmer, deProsse, Foster, Perret, Selzer. Nays: none. Absent:
Neuhauser. Resolution adopted, 6/0.
Moved by Selzer and seconded by Perret to adopt Resolution
• No. 76-124, recorded in Res. Book 35, page 151, Authorizing
the Disposal of Certain Transit Equipment to the
adopted, 6/0. University of
, deProsse, Foster, Perret,
Iowa. Roll call: Ayes: Balmer
Selzer, Vevera. Nays: none. Absent: Neuhauser. Resolution
Moved by Perret and seconded by Balmer to adopt Resolution
No. 76-125, recorded in Res. Book 35, page 152, Authorizing the
Disposal of Certain Transit Equipment to the City of Coralville.
Roll call: Ayes: deProsse, Foster, Perret, Selzer, Vevera,
Balmer. Nays: none. Absent: Neuhauser. Resolution adopted,
6/0.
Moved by Foster and seconded by Vevera to adopt Resolution
No. 76-126, recorded in Res. Book 35, page 153, Certifying De-
linquent Sewer Rental to the County Auditor in the amount of
$342.34. Roll call: Ayes: Foster, Perret, Selzer, Vevera,
Balmer, deProsse. Nays: none.
adopted, 6/0. Absent: Neuhauser. Resolution
Moved by Foster and seconded by Perret to adopt Resolution
No. 76-127, recorded in Res. Book 35, page 154, Amending Sala-
ries and Compensation for Classified
76-183, and Providing Personnel, Resolution No.
nance for Various Position Changes in the Fi-
Department. Roll call: Ayes: Perret,
• Balmer, deProsseSelzer, Vevera,
, Foster. Nays:
Resolution adopted, 6/0. none. Absent: Neuhauser.
Page 5
Council Minutes
• April 27, 1976
Pat
cussiononta was resent for
theGeneraleobligationctor of nBond�Authorization, indthe
amount of $1,330,200.
It was moved by Selzer and seconded by Balmer to adjourn
the meeting, 9:00 p.M. Motion adopted, Neuhauser absent.
For a more detailed and Complete description of Activities
and Disbursements, see Office of the City Clerk and Finance
Department.
City Clerk
0
is
Mayor
• 0
COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES
APRIL 27, 1976
7:30 P.M.
The Iowa City City Council met in Regular Session on the
27th day of April, 1976, at 7:30 P.M. in the Council Chambers
at the Civic Center. Present: Balmer, deProsse, Foster, Perret,
Selzer, Vevera. Absent: Neuhauser. Mayor Pro Tem deProsse
presiding.
Veronica Voss appeared for the May Flower Tenant Organi-
zation presenting a petition for a walk -light in front of the
May Flower Apartments. It was moved by Selzer and seconded by
Vevera that the petition be received and filed and referred to
the City Manager and Public Works Department for consideration
and report back. Motion adopted, Neuhauser absent.
Jim Shive appeared regarding the rezoning request by Frantz
Construction Company for Mount Prospect III, noting the Public
Hearing was held last week. He requested the first and second
consideration of the Ordinance be given at next week's meeting.
Council concurred.
Mayor Pro Tem deProsse proclaimed April 30, 1976, as Arbor
eDay and May 4, 1976, as Horace Mann Day.
Councilman Foster called attention to a correction on page 1,
paragraph 1 of the Official Council Actions of April 6, 1976,
listed in the Consent Calendar which should read Dennis Malone
instead of Dennis Will. City Clerk Abbie Stolfus noted two
additions to the Consent Calendar: (1) Resolution Approving
Class C Beer Permit Application for East-West Oriental Foods,
615 Iowa Avenue, and (2) Resolution Approving Cigarette Permit
for David E. Stimmel dba/Big 10 D -X, 513 So. Riverside. It was
moved by Balmer and seconded by Foster that the following agenda
items and recommendations in the Consent Calendar, as amended,
be approved and/or adopted:
Reading of minutes of official actions of Council meeting of
April 6, 1976, subject to correction, as recommended by the
City Clerk.
Minutes of Boards and Commissions:
Iowa City Public Library Board of Trustees meeting of
March 25, 1976
Design Review Committee meeting of April 7, 1976
Iowa City Planning and Zoning Commission meeting of
• April 15, 1976
• Page 2
0
40
Council Activities
April 27, 1976
Iowa City Board of Adjustment meeting of April 7,
1976
Committee on Community Needs meeting of April 14,
1976
Iowa City Riverfront
1976 Commission meeting of April 8,
Resolutions:
Consider Resolution 476-112, recorded in Res. Book 35,
page approving refund System for Class B Beer Permit
as recommended Syem dba/S.C.'s, 830 1st
by the City Clerk. Avenue
Consider Resolution #76-113, recorded in Res. Book 35,
Page 139, approving Class C Liquor License Applica-
tion for Colonial Bowling Lanes, 2253 Highway 218
South, as reconuiended by the City Clerk.
Consider Resolution #76-119, recorded in Res. Book 35,
• Page 1901 approving Class C Liquor License, Sunday Sales,
South, Colonia Bowling Lanes, 2253 Highway 218
South recommended b
Y Clerk.
Consider Resolution #76-115, recorded in Res. Book 35,
page 141, approving Class A Liquor License Application
for VFW, 3949, 609 Highway 6 By-pass, as recommended
by the City Clerk.
Consider Resolution #76-116, recorded in Res. Book 35
rPage 142, approving Class A Liquor, Sunday Sales
ecommendedfor
byhe C9t9' 609 Highway 6 By -Pass, as
Ap-�
Y Clerk.
Consider motion approving disbursements in the amount
Je $793,925.50 for the period March 1 - 31, 1976
ject to audit,
tor.as recommended b sub -
tor. the Finance Direc-
Consider Resolution #76-117, recorded in Res. Book 35,
Page 143, approving Class C Beer Permit for East-West
Oriental Foods, 615 Iowa Avenue.
Consider Resolution #76-118, recorded in Res. Book 35,
Page 144, approving Cigarette Permit for David E.
Stimmel dba/ Big 10 D -X Service, 513 So. Riverside Dr.
• Page 3
Council Activities
April 27, 1976
The motion was approved by the following roll call vote:
Ayes: Balmer, deProsse, Foster, Perret, Selzer, Vevera.
Absent: Neuhauaer. Resolution adopted, 6/0.
It was moved by Selzer and seconded by Vevera to adopt
Resolution No. 76-119, recorded in Resolution Book 35, page
145, Approving Preliminary Plat of Village Green Addition,
Part 6. Roll call: Ayes: deProsse, Foster, Perret, Selzer,
Vevera, Balmer. Nays: none. Absent: Neuhauser. Resolu-
tion adopted, 6/0.
Mayor Pro Tem deProsse announced a vacancy on the Board
of Appeals for an unexpired term ending December 31, 1976,
with appointment to be made May 25, 1976.
Councilman Vevera called attention to a proclamation for
the Police Department.
Councilman Perret reported that he and the Mayor toured
the residences on the Showers Addition property.
• Mayor Pro Tem deProsse informed Council, as a member of
the National League of Cities Transportation Steering Commit-
tee, she would be attending a meeting in Minneapolis on Thurs-
day.
After explanation by City Manager Berlin, it was moved by
Foster and seconded by Vevera to adopt Resolution 76-120, re-
corded in Resolution Book 35, page 146, Scheduling a Public
Hearing on the Destruction of an Animal, be held May 4, 1976,
at 7:30 P.M. in the Council Chambers. Bev Horton, Shelter -
master, was present. Roll call: Ayes: Foster, Perret, Selzer,
Vevera, Balmer, deProsse. Nays: ,none. Absent: Neuhauser.
Resolution adopted, 6/0.
Public. Hearing was held on the Ordinance to Revise the
Amortization Schedule for Removal of Nonconforming Signs. Tom
Coulter appeared objecting to the present sign ordinance re-
quirements. City Manager Berlin commented that the City Attor-
ney has been asked to give a specific proposal to the Sign Re-
view Committee for an amendment, perhaps before the Sign Ordi-
nance review is complete, so there can be some resolution as
to the question of roof -top signs. There being no others pre-
sent to speak, the hearing was declared closed.
Public Hearing
oe
tions, Contract and EstimatedCostfor othe ePlan,
FY77sSlurrylfiSeal
Project. After discussion, Council decided to discuss the pro-
ject in informal session, the Resolution to be placed on next
week's formal agenda.
•
•
Page 4 Council Activities
April 27, 1976
Public Hearing was held on the Proposed Planned Area
Development Plan of Part of Lot 23 of MacBride Addition, Part 1.
Dennis Kraft, Director of Community Development Department,
explained the procedure. There being no others present to
speak, the hearing was declared closed.
It was moved by Balmer and seconded by Perret to adopt
Resolution No. 76-121, recorded in Res. Book 35, pages 147-148,
Setting a Public Hearing on May 11, 1976, to Sell Public Property,
as a result of the First Avenue Realignment Project, to White
House Enterprises. Roll call: Ayes: Foster, Perret, Selzer,
Vevera, Balmer, deProsse. Nays: none. Absent: Neuhauser.
Resolution adopted, 6/0.
It was moved by Balmer and seconded by Vevera to defer Set-
ting a Public Hearing on an Ordinance Which Repeals the Housing
Code and Establishes a New Code in Lieu Thereof until the Hous-
ing Commission requests the City Council to set a public hear-
ing again. Bob Conley, realtor, appeared. After discussion,
it was moved by Balmer and seconded by Vevera to withdraw the
previous motion. It was moved by Selzer and seconded by Vevera
to defer the matter and instruct the Housing Commission to dis-
seminate the draft of the Ordinance to all Organizations within
the Community and get their input before Council has the public
hearing. Roll call: Ayes: Selzer, Vevera. Nays: Perret,
Balmer, deProsse, Foster. Absent: Neuhauser. Motion failed,
3/4. It was moved by Foster and seconded by Perret to set the
Public Hearing on the Minimum Housing Code on May 11, 1976, at
7:30 P.M. in the Council Chambers. Motion adopted, Selzer,
Vevera voting "no", Neuhauser absent, 4/2.
It was moved by Balmer and seconded by Foster to adopt
Resolution No. 76-122, recorded in Resolution Book 35, page 149,
Approving the FY '77, 178, and '79 Official Report of Municipality
for Street Construction. Roll call: Ayes: Selzer, Vevera, Bal-
mer, deProsse, Foster, Perret. Nays: none. Absent: Neuhauser.
Resolution adopted, 6/0.
It was moved by Foster and seconded by Perret to adopt Reso-
lution No. 76-123, recorded in Res. Book 35, page 150, Authoriz-
ing the Execution of the Urban Mass Transportation Capital Grant
Contract in the amount of $1,071,832. Roll call: Vevera, Balmer,
deProsse, Foster, Perret, Selzer. Nays: none. Absent: Neu-
hauser. Resolution adopted, 6/0.
It was moved by Selzer and seconded by Perret to adopt
Resolution 76-124, recorded in Res. Book 35, page 151, Author-
izing the Disposal of Certain Transit Equipment to the Univer-
sity of Iowa. Roll call: Ayes: Balmer, deProsse, Foster,
Perret, Selzer, Vevera. Nays: none. Absent: Neuhauser.
Resolution adopted, 6/0.
Page 5
Council Activities
April 27, 1976
It was moved by Perret and seconded by Balmer to adopt
Resolution No. 76-125, recorded in Res. Book 35, page 152,
Authorizing the Disposal of Certain Transit Equipment to the
City of Coralville. Roll call: Ayes: deProsse, Foster,
Perret, Selzer, Vevera, Balmer. Nays: none. Absent:
Neuhauser. Resolution adopted, 6/0.
It was moved by Foster and seconded by pt
Vevera to ado
Resolution No, 76-126, recorded in Res. Book Vevev page ado
153,
Certifying Delinquent Sewer Rental to the County Auditor in
the amount of $342.34. Roll call: Ayes: Foster, Perret,
Selzer, Vevera, Balmer, deProsse. Nays: none. Absent:
Neuhauser. Resolution adopted, 6/0.
It was moved by Foster and seconded by Perret to adopt
Resolution No. 76-1271 recorded in Res. Book 35, page 154,
Amending Salaries and Compensation for Classified Personnel,
Resolution No. 76-183, and Providing for Various Position
Changes in the Finance Department. Roll call: Ayes: Perret,
Selzer, Vevera, Balmer, deProsse, Foster. Nays: none. Absent:
Neuhauser. Resolution adopted, 6/0.
la, irctor Of Fiance was resent for is-
• cussiontontthe aGeneDaleObligationnBond' Authorization, includ-
ing $200,000 - Washington Street Amenities
West Couplet; $855,000 Dubuque/College Mall,$etc000 - East -
Asphalt Resurfacing; $39,200 - Highway 6-218-1 Intersection
Improvements; and $30,000 - Highway 6-218 Storm Sewer. Council -
if they man Vevera questioned if all had to be considered at once or
could mayorbProoTemddeProsseanoted it was the consensus of
Y• After further dis-
cussion,Council to delete the item from the agenda at this time.
It was moved by Selzer and seconded by Balmer to adjourn
the meeting, 9:00 P.M. Motion adopted, Neuhauser absent.
City Clerk
0
Mayor
M I,W ms
10MN • RISLAT'IONS CODDIISSION APRIL 26, 1976 7:05 PPI +
CITY NtWAGER'S CONPL•RLNCI: RMI
WITibers Present: Smith
Finn
Madison
Woodard
Scott
Davidson
P6atsimmoto
Price
Gilroy (8:00 I'P1)
Members Absent:
None
Staff Members Present: Bowl in
Ragland
RGC(iPMMDAT'IONS TO nn, CITY COUNCIL
• 1. The Commission forwards adopted Private Club Guidelines for Council
approval.
Upon the motion made by Scott and seconded by Price, the Commission adopted
guidelines on what constitutes a private club as contained in the April 26,
1976 letter to Sally Smith from Bob Bowlin. See attached proposed resolution.
2. Contingent upon Council's approval of Guidelines, the Commission requests
Council approval of proposed action with regard to Grace and Rubies.
A letter will be sent to Grace and Rubies in which they will be advised that
the guidelines are an interpretation of the law so they understand what needy
to be done in order to be in compliance. 'rhe assistance of the staff will be
offered. After a reasonable period of time the staff and the Commission wil
then review tl
he situation to sec
seconded by Finn. if they are in compliance, if not, determine
what further action needs to be taken. The motion was moved by Davidson and
s. Upon the motion of IKItsumoto seconded by Davidson, tilt
all private clubs using the same criCommission will review
teria as established for action with
regard to Grace and Rubies if such action receives Council approval.
RIiCM EWATIONS TO '}'In: S'G1PP AND CITY MANAGER
1. The staff is to review the proposed changes in the by-laws and recommend
changes in the current ordinance to the City Council to agree with the
accepted recommendations as proposed by the Complaint Procedure Committee.
The motion was moved by Matsumoto and seconded by Woodard.
Human Relations Commission
April 26, 1976
Page
•
2. The staff is to secure additional public service announcements on discrim-
ination in housing to send to IIiBN.
3. The staff is to propose to the Commission for their approval the revised
City's Affirmative Action Program for the May meeting.
PENDING ITENIS
1. There is no new information concerning EEOC Workshops for Commissioners.
The staff will contact Troy Scroggi.ns regarding this matter.
2. A letter of invitation has been sent to Joe Tate, Executive Director of
Iowa Civil Rights Commission, inviting him to attend a Commission meeting.
sImmm, OP RELNmr DISCUSSION
Scott moved and Woodard seconded the motion to approve the minutes of the March 22,
1976 meeting as corrected. The regular meeting was adjourned at 10:35 not 11:35.
Under Summary of Relevant Discussion, item A should read Group Process.
The agenda was approved upon the motion of Madison seconded by Finn.
A. Group Process
3aril>_£rson was unable to attend the meeting. She will return at the
May Commission meeting. However, the Commission decided to do some feed-
back at the end of the regular meeting.
B. Committee Reports
1. Affirmative Action - In addition to the pre -mailed memo on nepotism,
the Commission was informed of the fact that affirmative action
statements for the handicapped and veterans will be included in the
City's Affirmative Action plan. Also, Ragland stated that she hoped
to bring to the Commission for their approval, a draft of the City's
Affirmative Action plan for the May meeting.
Complaint Procedures - Articles VIII and IX of the Iowa City Human
Relations by-laws with the approved recommendations for the changes are
attached to the minutes. Motion made by Scott seconded by Price. The
Commission deferred action on the inclusion of satisfactorily adjusted
complaints. Upon the motion of Scott and seconded by Matsumoto, general
language revisions in the by-laws were accepted. These are as follow:
a. Change chairman to chairperson wherever chairman is used in the
by-laws.
b. Change conciliation board to conciliation town wherever conciliation
board is used in the by-laws.
•
C. Insert earlier revision of Article V, Section S, dealing with
absence policy. See minutes of February 23, 1976 meeting.
•
0
lhunan Relations Commission
April 26, 1976
Page 3
0
Upon the motion of Scott seconded by Woodard, the Commission approved
the recommendations to the Ordinance Revision Committee to remove all
reference to timetables in Section 10.2.15 investigation, sub -part B;
10.2.19 proceedings upon failure to conciliate, sub -part A. Also, to
make all necessary revisions in affected sections to agree with revised
by-laws.
Upon the motion of Scott seconded by Davidson, the Commission moved to
adopt the suggested change for the procedure for processing complaints
outlined in the April 20 memorandum from the Complaint Procedures Committee.
This procedure will be reviewed after three cases. Simply, the
suggested change is to assign complaints to individual commissioners
who will be responsible for that complaint through the investigation
and resolution of the case.
i. Outreach Advocacy - The Committee met to look at poster designs
during the past month. A fall poster campaign is planned to advertise
the Commission's existence and the availability of the complaint pro-
cedures to the general public. Also, it was noted that one thousand
brochures were requested to deliver to the married students at the
University in the fall.
1. Ordinance Revision - After the discussion of the pros and cons of the
• inclusion of a public hearing in the revised Yuman Relations Ordinance,
the Commission upon the motion of Matsumoto seconded by Price moved
not to include the public hearing. The motion passed with Madison
dissenting. Bowlin presented a rough draft of the Human Relations
Ordinance to the Commission. Discussion of this rough draft will take
place at the May meeting.
C. Other Business
The next meeting of the Commission will be May 24, at 7:00 p.m.
D. Feedback
Several minutes were spent by the Commissioners in a feedback session based
on a hand-out given to the commissioners by Barb Ettleson.
At 10:30 a poll, of all members present, Madison, Finn, Smith, Woodard, Scott,
Davidson, Matsumoto, Price and Gilroy indicated unanimous agreement to go into
Executive Session to consider complaints.
0
Jr� •
Mary Neuhauser, Mayor
City of Iowa City
Civic Center
Iowa City, Iowa 52240
Dear Madam Mayor:
RFrr-!�IPrer), 3 p 1976
OOUGLA55 B. LEE. JR
320 EAST JEFFERSON ST.
IOWA CITY. IOWA 52240
(319) 337-7129
loq
As residents of the block bounded by Jefferson, Gilbert. Market and
Linn Streets, as taxpayers, and as voters in the City of Iowa City, the
signatories of the attached statement would like to bring the considerations
described to the attention of the City Council, at the most appropriate time
for discussion.
Although not specifically addressed in the statement, almost all residents
of the block have expressed alarm and concern for safety on the adjacent
streets. Jefferson and Market Streets are excessively difficult to cross, and
motorists frequently honk and otherwise harass pedestrians who get too
clase to the traffic lanes. This problem is likely to get worse.
Thank you for your time and attention.
Yours truly,
F0 L E Do
MAY 61976
ABBIF STOLFUJ
CITY CLERK
0
April 27, 1976
10
TO: City Council of Iowa City
rROM: Residents of the
3 0 block of East Jefferson Street whose
signatures appear
SUBJ: EAST -WEST ONE WAY COUPLET PROJECT NO. 1,
Proposed FY 77-81 Capital Improvements Program
t
maintain a high leve_ 1 of residential quality.
While we recognize the need to signalize the intersection also
at
Jefferson and Gilbert Streets, and Gilbert and Market Streets,
we aware of the adverse impacts mlementattion of therabo egcap capital improvof emlentn
neighborhood quality. which is continuous
project should include, at a minimum, landscaping
and to a height of six feet along the 300 block of East Jefferson and the
100 block of North Gilbert. Since the signalization will improve the traffic
flow along these streets, traffic volumes will
through continue
t neighborhood, increase. eeble
we do not object to motorists passing
that we should not be made to suffer the ill effects.
2. We request that funds ioc
rnnc such
motorists --
fees not from prserty taxes.
maintenance escalate,
As the costs of highway construction and
dtneed
localities are left with insufficient revenues towhichwill continue s
without diverting general fund revenues -- a problem
xes
ted by
ters and
to worsen. Tue use of proerty oses constitut saa subs dyrtoumotoristsnand encou ageswners)
for highway P P
overuse of that mode of transportation.
Name
Address
k.
1 9 en
•`CONN[Tnt�[ �• CIVIC
CEN410
EWASHINGTON ST.
IpNA�Itt.IOWF57240
� S.10
m
IOWA CITY, IOWA
May 18, 1976
Mr. Douglass B. Lee, Jr.
320 East Jefferson Street
Iowa City, Iowa 52240
Dear Mr. Lee:
The City Council has received your letter regarding the traffic signals
planned for installation at the following locations:
1.
Clinton
and Jefferson
2.
Dubuque
and Jefferson
3.
Gilbert
and Jefferson
4.
Gilbert
and Market
5.
Dubuque
and Market
'rhe City wishes to signalize these intersection, not for the specific purpose
of improving traffic flow, but primarily to increase the safety of both
motorists and pedestrians. As noted below, there have been a significant
number of both serious and non -serious accidents at these locations. Our
past data reveals the following reported accidents:
We do believe the installation of traffic signals will significantly reduce
the nunber of accidents. In your letter you state that traffic volumes will
continue to increase because of the improved traffic flaw due to signal
installation. It would actually appear that installation of the signals
will create sane additional delay as corwared to the present situation on
Jefferson and Market since both of these streets are now through streets,
at Gilbert.
one of the suggestions in your letter was to plant greenry to provide a visual
and accoustic block. This idea certainly has merit; however, present City
ordinances allow only the planting of trees in the park -way. Discussion with
the City Forester reveals that the City --wide planting of bushes and low
1972_*
1973
1974
1975
Clinton/Jeffer::on
8
1
3
4
Dubuque/Jefferson
2
12
6
7
Gi llrrt/Jefferson
2
7
15
24
Gilbert/[ larket
2
4
5
13
Dubuque/Market
13
11
7
11
*Gilbert widening
to Market canpleted Fall.
of '72.
We do believe the installation of traffic signals will significantly reduce
the nunber of accidents. In your letter you state that traffic volumes will
continue to increase because of the improved traffic flaw due to signal
installation. It would actually appear that installation of the signals
will create sane additional delay as corwared to the present situation on
Jefferson and Market since both of these streets are now through streets,
at Gilbert.
one of the suggestions in your letter was to plant greenry to provide a visual
and accoustic block. This idea certainly has merit; however, present City
ordinances allow only the planting of trees in the park -way. Discussion with
the City Forester reveals that the City --wide planting of bushes and low
page 2. • •
Lee/May 18, 1976
shilrbbery would create a maintenance problem which the City would not be
able to handle, thus the restriction to trees.
The present funding for this project will be 70% Federal, 30% local, arra
as you state in the letter, that 30% local share will cane from a general
Obligation bond. For this project, the Federal share will be approximately
$39,000 and the local share will be approximately, $17,000. We recognize
there are often philosophical differences about the source of funding;
ha::ever, using general obligation bonds for a street used by a large part
of the general public would seen to be consistent with the general practice
of most municipalities.
i+lost of the data available suggests that traffic volumes on Jefferson and
market will continue to increase in future years due to the fact that as the
ta:.n develops, there will be more hone -to -work trips, home -to -shopping trips,
and other trips. This continued increase will be offset to some extent
by mass transit, depending upon the reliance on buses for future trans-
portation needs. The Thea Transpor`_aion Study, which is now being orepared
by the Johnson County Regional Planning Commission is naw entering its
final stages and policies of the City regarding mass transit and the auto-
mobile will be formulated in the next 12-29 months. I would definitely
suggest that you obtain a copy of the preliminary report, which is available
from the Planning Ccnmission and give your vie,;s to the City Council
and the Johnson County Regional Planning Ccramission during this time period.
TE you would like these reports, please phone me and I will mail copies of
them to you.
The problem of arterial streets intruding through residential areas is not
one that is unique to your area of town. Since Iowa City is a largely
residential ccnnunity, a great many of our main arterial and collector
streets penetrate residential areas. It anocars to be a very difficult
dilcmna since everyone wants convenient trarsportation facilities; however,
they prefer that the facility not be adjacent or near their place of residence.
while a clearly defined transportation policy helps chart the future, there
will always be cases where heavily travelled streets will penetrate residential
areas unless the automobile becomes extinct, which appears highly unlikely.
Please be assured that we are receptive to your concerns and we would enjoy
the opportunity of talking with you further to explore alternatives. In
all truthfulness, hawover, it must be recognized that Jefferson aril Market
are two of he ;major traffic facil.i.ties in Taaa City and any significant
reduction in vehicular volumes is quite unlikely.
if I can provide any further information, or if you wish to discuss this
further, please call and I will be happy to meet with you.
Sir - ely,
f/
R'c]iart3 J. Pla..ti , P. E.
(-rlor. or TAIi11'c works
RTP :bz
cc: Jams Brachtel
, av 6 197F,
7r. Neal Berlin
City Manager
City of Iowa City
Iowa City, Iowa 52240
RE: Lease Transfer
The Soody Shop
Clinton Street Mall
Dear Fir. Berlin:
The Goody Slop, in the Clinton Street Mall, has been
sold to qeorge and Teta Irelani, effective May 15, 1976.
Mr. and Mrs. Troland clan to continue the same operation,
so a new lease or an assignment of the present lease from
the City will be necessary.
if any_ additional information is needed in order to do
this, please advise un. We will look forward to hearing.
from you at your earliest convenience.
Thank you in advance.
Sincerely,
Carol K. Suepnel, 0ner
Phone No. 338-8741 or 338-580F
FI �- v li ''
MAY 61376 =
ABBIE STOL Fug
CITY CLERK
.'COMMSBC[
i Y F( /I�� / J • CIVIC CENTS WASHINGTON ST.
CITY I
�w ^ IOWA CITY, 0WA 5]ab
n _ �j 1]191 ]Si.IRpO
S nLIY 17, 1976
IOVAE.CIryr
MAYOR
MARY NEUNAUSER
COUNCIL MEMBERS
AHN BAW ER
CAROLyP =,
L P. FOSTER
OAVIO PERRET
M SFUER
ROSERTVEVFAA
DIr- William F. Sueppel
Meardon, Sueppel, Downer � Hayes
100 South Linn Street
Iowa City, Iowa 52240
Dear Bill:
Your letter of may 6 concerned the lease for Bud's Goody Shop- As
I am sure you are aware, the lease has already been prepared and
executed.
I£ou have any other problems of this nature, please let me ]mow,
S�ncc rely yours,
CitjrkjLt o��
i
JAMES D. MCCARRAOMER
THOMAS J. CILEK
MARK T. HAMER
THOMAS D. HOSART
0 RC•i'vrE17 [IN 7 1976
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
TELEPHONE
100 SOVTH LINN PTPEXT 33K-0222
IOWA CITY, IOWA 52240 AREA CODE 31P
i,leal Berlin
City Manager
Civic Center
Iowa City, Iowa 52240
Dear Neal:
May 6, 1976
Re: Francis W. Sueppel, Jr, d/b/a
The Goody Shop
About a year ago, my younger brother purchased a businrss in Iowa
City known as The Goody Shop which In located in the Clinton Street
• nlodularH .
One of the considerations at the time that Bud purchased this business
was whether he would be willing to get a continuing lease with the City
and whether lie would be able to sell the business in the event another
opportunity arose for him.
He was assured on both counts that he was able to do so provided that
the person taking over the business conducted the same type of business
operation.
Recently, my brother had an opportunity to sell his business to another
Iowa City businessman who has been engaged in the same type of business
for several years and we have signed an Offer to Buy with possession to
be on May 15th.
Recently, we had some information that the City might not be willing W
allow this business to be transferred to another owner. Of course, this
greatly concerns us as my brother had already purchased another business
0
I�
•
WILLIAM L.MCARDON
WILLIAM /.SUt
PPEU
RORCRTN
DOWNER
JAMES P. MATES
JAMES D. MCCARRAOMER
THOMAS J. CILEK
MARK T. HAMER
THOMAS D. HOSART
0 RC•i'vrE17 [IN 7 1976
MEARDON, SUEPPEL, DOWNER & HAYEs
LAWYERS
TELEPHONE
100 SOVTH LINN PTPEXT 33K-0222
IOWA CITY, IOWA 52240 AREA CODE 31P
i,leal Berlin
City Manager
Civic Center
Iowa City, Iowa 52240
Dear Neal:
May 6, 1976
Re: Francis W. Sueppel, Jr, d/b/a
The Goody Shop
About a year ago, my younger brother purchased a businrss in Iowa
City known as The Goody Shop which In located in the Clinton Street
• nlodularH .
One of the considerations at the time that Bud purchased this business
was whether he would be willing to get a continuing lease with the City
and whether lie would be able to sell the business in the event another
opportunity arose for him.
He was assured on both counts that he was able to do so provided that
the person taking over the business conducted the same type of business
operation.
Recently, my brother had an opportunity to sell his business to another
Iowa City businessman who has been engaged in the same type of business
for several years and we have signed an Offer to Buy with possession to
be on May 15th.
Recently, we had some information that the City might not be willing W
allow this business to be transferred to another owner. Of course, this
greatly concerns us as my brother had already purchased another business
0
r1
u
-a-
on the assurance that his business was sold.
I understand that this matter is now in your hands and I would appreciate it
if you could review the situation and authorize the City to either allow the new
purchaser to assume my brother's lease on the premises or to allow the new
purchaser to enter into a new lease with the City directly.
As time is of great importance in this matter, and as the possibility of a refusal
to extend the lease has just become known to us, I would appreciate it if you
could review this matter and get back to me at your early convenience.
With kind regards, I am
•
WFS: tmp
0
Very truly yours,
William F. Sueppel
1�/
NOTICE. OP PUBLIC HEARING
Notice i.s hereby given that the Cit
of the follawfnc,' described property, to -wit;
y of Iowa City proposes to dispose
That portion of T.ot S, Fia11 I°j.rSL Acld.ition 1 int
Of' the 5ouCir2at: - .
Lcrly right-of-c,.tcy line- of the Fi.ret- Aven ltb0a-t:crIyent.
That lrjr-t.iorr of
right_of-s•�.t tf1e follociing lyinc
Y line of the 2•'irsL- J SouL-heasLcr]_y of
interreclJon of the Avenue Rea the Southeasfcrly
With the Pa_ t: bottnda Souticoe:cterl, sJnmen t: Itc.linni.n
of the l boundary of t -he Lowe g at the
thence South alone I9 1��. NP 1/4 of Secti.onr2Nu•�catine Road
7.3-T 7917-22654 J ;aid I:a•ot bounC7 3-i•
372-1;j 263.7.6 feet; thence t4eYLof the t'7 1/2; NL I./4 of Section
thencto the Sout}r .�l:erl 102.7p
Y Ixnrtrda-- feet; thence North
along :;a ici Sr_n,![hweae -Y of the Lower 1•
1,^g.i.nni.ng ane] rly 1}�tmd� fuscatin-a Road; .
boon. c also L •.J.tnn.inc �rY ].50 feet Lo
1 irY of the Lowc•r. J aY. the intersect- :.ion o.- the pt.-cce of
1/2, t;p; .L Nu :cat-ine Road with f the Soul:hwe�
/4 of=%ecti.on ?.3= the Plest - •--rly
bour;dary of the F, T - 1N-72654; thence. South tubo lrndary of the r•.
thence F.asl r r 1/7-' T`'FJ I/,•' of Sect:.i.on ?.3- • g Said SVesL
bound:-,ry of the J} i -CC t; thence 14or L -h 214. i 73N -226:x', 263.2
,•oer tdus:ca L -i ne 9 fet; 6 feet.;
bound, Road; thence t:o the Southwe:;Lerl
'rY 66.4 feet to the aloe }
Place of beginning. g �a.id Southwasterl}•
Tl
r`'L I'ot Licar of Lot: 1, Faj.zmeadows
-nitL;est:Or.ly of L-hc SOLl'i ' rstcrl
)lvemre Add.iti.on, First Unit; 1}•i ng
kcali.<Jn:ntert t. Y right -or
(1'n I•Jhitchnuse ,Y line of the Fjrsf,
IinLerprises)-
1) 1'hc' ProperL
S will first be appraised by a competent appraiser.
rty
2) prro property
Own will then be offererl for sale to the ad
P Y owners.
Joining
3) The City wi.11 res
which erve - casement the purchaser wi11 Lo
for newer and water lines, over
20 feet width. be unable
construct any sLruct
ore,
NotI`c7i, further
hearingliven that pursuant to
Code of
Proposed dis o;• b the Section 364.7 of tilC
i❑ P ]firm of said City Council of Iowa Cit 1975
the City fill] of Iowa City property be field atY, Iowa, on said
tlheirrtobjcctiunha�"ni: objcctinr'sown t0 til d'�UoPuredon thet111th Council
day of Ale 1.976
said hearing P action rna
Y appear and file
Dated at Iowa City this; 3rd
day of Pl:•Y, 1976.
`, z,�Z�
� Iq
PUBLIC HEARING ON REPEALING
HOUSING CODE, CHAPTER 9.30
MINIMUM HOUSING STANDARDS OF
THE IOWA CITY MUNICIPAL CODE
AND ESTABLISHING A NEW CHAPTER
IN LIEU THEREOF.
Notice is hereby given that a public hearing will be held by the City
Council of Iowa City, Iowa at 7:30 P.M. on the 11th day of May, 1976, in the
Council Chambers in the Civic Center, Iowa City, Iowa. At this hearing the
Council will consider arguments for and against the proposed repeal of
Chapter 9.30 of the Iowa City Municipal Code, Minimum Housing Standards,
and establishment of a new Chapter 9.30 in Lieu thereof. The proposed
Housing Code revises and amends the present Code with respect to inspections
and housing code provisions, andacopies-of the proposed Ordinance are on
file for public examination in the Office of the City Clerk, Civic Center,
Iowa City, Iowa. This notice is given pursuant to Section Hff'of the Code
of Iowa, 1975. ZGz .3
Dated at Iowa City, this Lst day of May, 1976.
Abbie Stolfus, City Cl�fk
elty aq Toga city
DATE: April 2, 1976
TO: Neal Berlin, Dennis Kraft, City Council
FROM: Lyle Seydel, Housing Coordinator`���
RE° Proposed changes to Chapter 9.30 Minimum Housing Standards
Municipal Code
I. Attached is a copy of Chapter 9.30 (yellow). These standards
were adopted in March 1965. Revisions were adopted in May 1965,
October 1966, June 1967, October 1968, May 1969 and February 1970.
Also attached is a proposed revision of the entire Chapter. The
main purpose in recommending revision is clarification, simplification
and enforcement.
2. Changes in the recommended revision are marked with an asterisk.
Only major deviations or changes will be addressed in this memorandum.
a. Chapter 9.30.1 Definitions.
Twenty definitions have been added to the standard for ease in
reference and clarifying the standard. All definitions have been
taken from national, state or other local codes. — -
b. Chapter. 9.30.2 Inspections of Dwellings.
Considerable change in format and Right of Entry verbiage.
Provides for application to a magistrate for an order to allow
inspection in the event entry is refused. Persons violating a proper
demand for entry violates this sub -division and shall be quilty of a
misdemeanor.
C. Chapter 9.30.3 Substandard Buildings.
A new section and is added for clarity and to provide a
guide for the Housing Inspector. It does parallel the Dangerous
Building Code which is enforced by the Building Inspectors.
d. Chapter 9.30.9 Conveyance, Transfer or Conversion.
A new section. Will require an inspection be performed prior
to the conveyancy, transfer, or conversion from one housing classifica-
tion to another. Noted deficiencies must be corrected before a
certificate of compliance will be issued to the new owner. Similar to
selling an auto on a Red Title.
e. Chapter 9.30.5 Enforcement, Notice and IIearing.
No substantial changes. Paragraph B has been added to indicate
a certificate is issued to th:: owner and is not transferable. It is
contemplated that this section may be utilized to a greater extent in
the future without resorting to court as the first step.
0 -2- •
f. Chapter 9.30.6 Basic Equipment and Supplies.
Primary changes are in verbiage, paragraphing, and clarification.
Sub -paragraph 9.30.6.A details requirements for a kitchen to include
storage capability for =rod and utensils. This is an added requirement,.
Sub -paragraph R has a -:e.-biage change first line - the word "multiple"
is used instead of "dwelling". Sub -paragraph V, [9, and X are added
requirements.
g• Chapter 9.30.7 Light Ventilation and heating.
Sub -paragraph L, :•; and N have been added. L requires storm
doors and windows. M and provide the Housing Inspector with the
authority to enforce fire safety code and electrical code.
h. Chapter. 9.30.8 General Requirements Relating
Sanitary Maintenance of =arts to the Safe and
of Dwellings and Dwelling Units.
No significant cringes. Sub -paragraph M requires fencing or
safely covering or filli-; of abandoned cisterns.
i. Chapter 9.30.9 Minimum Space, Use, and Location Requirements.
This is in conformance
Sub -paragraph A changes Equare footage of: a bedroom from 80 to 70.
w_th new building code.
j• Chapter 9.30.10 Responsibilities of Owners and Occupants.
No significant changes f=On previous edition. Several items have
been more properly placed in the paragraph. ---
k. Chapter 9.30.11 Rooming houses - Multiple Dwellings.
Sub -paragraph M "as been added. Limits wooden multiple
dwellings to two stories in height- and prevents converting•third
stories or attics into habitable areas unless all alterations comply
with these standards.
1. Chapter 9.30.12 Single Family Owner or Renter Occupied and
Duplexes.
A new section. Recuires these type units to comply with
appropriate paragraph of this code and reinforces that they must be
inspected prior to conve ince or transfer and will authorize charging
for the inspections. A resolution will be required to fix this
charge.
M. Chapter 9.30.13 Designation of Unfit Dwelling and Legal
Proceedure of ConA-emnation.
Sub -paragraph B mrovides a six month delay between placarding
a dwelling and initiatio- of condemnation proceedures.
n. Chapter 9.30.14 Order to Allow Inspection.
New section. Establishes proceedures to be followed in
obtaining an order from a magistrate to allow an inspection.
71C?
�1,
MINIMUM HOUSING STANDARDS
y `..ions:
9.30.1
Definitions
9.30.2
Inspection of Dwellings
9.30.3
Substandard Buildings
9.30.4
Conveyance, Transfer or Conversion
9.30.5
Enforcement, Notice and Hearings
9.30.6
Basic Eq i(xnent and Supplies
9.30.7
Light, Ventilation and Heating
9.30.8
General Requirements
9.30.9
Min]mRun Space, Use, and Location Requirements
9.30.10
Responsibility of Owners and occupants
9.30.11
Rooming Houses - Multiple Dwellings
9.30.12
Single Family Owner occupied or Rental and Duplexes
9.30.13
Designation of Unfit Dwellings and Legal
Procedure of Condenmation
9.30.14
Order to Allow Inspection
* Denotes change from Chapter 9.30, Ordinance No. 2319 enacted
March,
1966; Amendments= Ordinances No. 2335, May 1965;
2438,
June 1967; 2415, October 1968; 2521, May 1969;
2551,
February 1970
9.30.1 Definitions. The following definitions shall apply in the
i-iterpretation of this Chapter.
* A. ACCESSORY STRUCTURE shall mean a detached structure which
is not used or not intended to be used for living or sleeping by human
0=rpants.
*B. APARTMENT shall mean habitable living unit to be used for
K -wing, sleeping, and eating and thus equipped pped with a kitchen and bathroom.
*C. ATTIC shall mean any story situated wholly or partly within
he roof and so designed, arranged or built to be used for business,
storage or habitation.
D. BASEgNr shall mean a portion of a building located partly
`.derground but having at least one-fourth (1/4) of its clear floor -to -
ceiling height above adjoining ground level.
*E. C TMAL HEATING SYSTEM shall mean a single system supplying
to one (1) or more dwelling unit (s) or more than one (1) rooming unit.
F. CELLAR shall mean a portion of a building located
0 0
partly or wholly underground, and having less than one-fourth
(1/4) of its clear floor -to -ceiling height above the adjoining
ground level.
*G. CIII14NEY shall mean a vertical masonry shaft of
reinforced concrete, or other approved noncombustible, heat
resisting material enclosing one (1) or more flues, for the
purpose of removing products on combusi.on from solid, liquid
or gaseous fuel.
or decay. *H. DILAPIDATED shall mean fallen into partial ruin
I. DORMITORY shall mean any dwelling cohere group
sleeping accomodations are provided for persons not members
of the same family groups in which several occupy large rooms
or a series of closely associated rooms under joint occupancy
and single management. For the purpose of this Chapter, the
tern "dormitory" shall include, but not limited to, fraternity
houses and sorority houses.
*J. DUPLEX shall mean any habitable structure containing
only two single family units.
*K Dwelling shall mean any building which is wholly
or partly used or intended to be used for living or sleeping
by human occupants.
L. DWELLING UNIT shall mean any room or group of
rooms located within a dwelling and forming a single habitable
unit with facilities which are used or intended to be used for
living, sleeping, cooking, and eating.
*M. EGRESS shall mean an arrangement of exit facilities
to assure a safe means of exit from buildings.
*N. EXTERMINATING shall mean the control and elimination
of insects, rodents, or other pests by eliminating their
harborage places; by removing or making inaccessible materials
that may serve as their food; by poisoning, spraying, fumigating,
trapping; or by any other recognized and legal pest elimination
methods approved by the Housing Inspector.
*O. One person or two or more persons related by blood,
arriage, or adoption occupying a living unit as an individual
ousekeeping organization. A family may also be two, but not more
than two persons not related by blood, marriage, or adoption.
*P. GARBAGE shall mean the animal and vegetable waste
resulting from the handling preparation, cooking, and consumption
of food.
*Q. GUEST shall mean any person who shares a dwelling
snit in a non -permanent status for not more than thirty (30) days.
-2-
• 0
R. HABI'T'ABLE ROOM shall mean a room or enclosed floor
space used, or intended to be used for living, sleeping,
cooking, or eating purposes; excluding bathrooms, recreation
rooms, water closet compartments, laundries, pantries, foyers,
or communicating corridors, closets, and storage spaces.
* S. HOUSING INSPECTOR shall mean the official or officials
of the City of Iowa City appointed to administer the provisions
of this Chapter.
T. INFESTATION shall mean the presence, within or
around a dwelling, of any insects, rodents, or other pests.
* U. KITCHEN shall mean any room containing any or all of
the following equipment, or any area of a room within three (3)
feet of such equipment: sink, stove, range or comparable
built-in cooking facilities, refrigerator, cabinets and/or
shelves for storage of equipment and utensils, and counter or
table for food preparation.
* V. KITCHENETTE shall mean a small kitchen or an alcove
containing a kitchen.
W. MULTIPLE DWELLING shall mean any dwelling containing
more than two (2) dwelling units.
X. OCCUPANT shall mean any person, over one (1) year
of age, living, sleeping, cooking, or eating in, or having
actual possession of, a dwelling, dwelling unit, or rooming
unit.
Y. OPERATOR shall mean any person who has charge, care,
or control of a building, or part thereof, in which dwelling
units or rooming units are let.
Z. OWNER shall mean any person who, alone or,jointly or
severally with others:
I. Shall have legal title to any dwelling unit, with
or without accompanying actual possession thereof; or
2. Shall have charge, care, or control of any dwelling
or dwelling unit, as owner or agent of the owner, or as executor,
administrator, trustee, or guardian of the estate of the owner.
Any such person thus representing the actual owner shall be
bound to comply with the provisions of this Chapter to the
same extent as if he were the owner.
AA. PERMIT shall mean a Certificate certifying that the
unit for which it is issued is in compliance with the applicable
provisions of this Chapter which Certificate shall expire at
the end of one (1) year following its date of issuance, unless
sooner suspended or revoked as hereinafter provided and shall
be renewed annually.
-3-
BB. PERSON shall mean and include any individual, firm,
corporation, association, or partnership.
CC. PLUMBING shall mean and include all sfbthe
following
supplied facilities and equipment; gasapipes,gawaste pipes,
equipment, water pipes, urning
garbage disposal
water closets, sinks, dishwashers, lavatories, bathtubs, shower
baths, clothes washing machines, catch baonetherdrains,
with allvents,
and any other similar supplied fixtures, g
connections to water, sewer or gas lines.
nce of
which
* DD. PRIVACY shall orpersonshe tocarryeout an activityncommenced
will permit a person or p g
si ht or by
without interruption or interference, either by
sound, by unwanted persons.
* BE. REFUSE shall mean all Put ashes
and non, ashes
putrescible
solids (except body waste) including garbage, rubbish,
and dead animals.
CONTAINER shall mean a watertight container
* FF. REFUSE
that is constructed ofhatldurable m
impervious to rodents, is capable ofbeingserviced
without creating unsanitary conditions.
GG. ROOMING UNIT shall mean any group of rooms forming
a single habitable unit used or intended to busedfor living
and sleeping but not for cooking and eating purposes.
HH. ROOMING HOUSE shall mean any dwelling, or that part
of any dwelling containing one (1) or more rooming units, in
which space is let by the owner or operator to more than three (3)
persons except those whose relationship to the onwer or operator
by blood, marriage, or legal adoption was the basis for occupancy.
II. RUBBISH
exceptshall
garbage; andcombustible
termand
shallcincludeble
waste materials, P g coke, and other
the residue from the burning of caoodart ns, boxes, wood,
combustible material, paper, rags, and trimmings, tin
excelsior, rubber, leather, treebrnches, a atrimmin
cans, metals, mineral matter, glass,
* TJ. SINGLE FAMILY DWELLING shall mean any dwelling which
or ds
ave one roo
contains one living unit(s)
ersong
gother thanunit maymembeoreofhthe family innaccordance
rented to a p
with applicable zoning code.
* KK. SINGLE FAMILY OWNER y by the ownerlNG andshall
familyany
dwelling which is occupied solely by
thereof.
* LL. SPACE HEATER shall mean type self-contained, heating
appliance of either the circulatory
he radant type
and intended primarily to heat only one (1) room.
-4-
0
0
MM. SUPPLIED shall mean paid for, furnished, or provided
or under the control of, the owner or operator.
* NN. TEMPORARY PERMIT shall mean a Certificate certifying
'-at the unit for which it is issued is not in compliance with
.`.e applicable provisions of this Chapter and which certifies
`-at the unit for which it is issued may be occupied for a
-e specified in said Certificate, pending the completion of
--:a necessary improvements needed to bring it into compliance.
--d time period being determined by a reasonable time necessary
'::)r the completion of said improvements, not to exceed six (6)
-Inths, and said Temporary Permit shall be in effect for said
period, unless sooner suspended or revoked as provided in
.:is Chapter and shall not be renewable with the exception that
ne renewal may be granted if the original permit and the
renewal do not exceed one year.
00. MEANING OF CERTAIN WORDS. Whenever the words
-dwelling", "dwelling unit", "rooming house", "rooming unit",
premises", are used by this Chapter, they shall be construed
as though they were followed by the words "or any part thereof"
9.30.2 INSPECTION OF DWELLINGS, DWELLING UNITS, ROOMING
_:ITS AND PREMISES.
*A. Authority. The Housing Inspector is hereby authorized
and directed to administer and enforce all of the provisions of
_his Code.
*B. Right of Entry. Whenever necessary to make an inspection
_D enforce any of the provisions of this Code, or whenever the
Housing Inspector or his authorized representative has reasonable
rause to:.:believe that there exists in any building or upon any
remises, any condition which makes such building or premises
s-Jbstandard as defined in 9.30.3 of this Code, the Housing
=suectcr or his authorized representative may enter such building
premises at all reasonable times to inspect the same or to per -
`or -i any duty imposed upon the Housing Inspector by this Code;
z=ovided that if such building or premises be occupied, he shall
'-rst make a reasonable effort to locate the owner or other
--ersons having charge or control of the building or premises and
.e -and entry. If such entry is refused, the Housing Inspector shall have
==course to apply to a Magistrate of the Iowa District Court in
and for Johnson County for an Order to Allow Inspection of the
_wilding pursuant to the provisions of 9.30.14.
*C. No owner or occupant or any other person having charge,
:are or control of any building or premises shall fail or neglect,
:er proper demand is made as herein provided, to properly
permit entry therein by the Housing Inspector or his authorized
-resentative for the purpose of inspection and examination pursuant
_= this Code. Any person violating this subdivision shall be guilty
_` a misdemeanor.
-5-
*D• Evidence. Evidence obtained by use of a search warrant
may be used to effectuate the purposes and provisions of this
chapter in any ensuing action brought by the City for a violation
of this Chapter.
*9.30.3. SUBSTANDARD BUILDINGS
thereof whichtare aBuildings.rd
determinedto belsubstandard as definedsin this
Code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition, or removal in accordance
With the codes of the City of Iowa City, Iowa.
B. General. Any building or portion thereof including
any dwelling unit, guest house or suit of rooms, or the premises
on which the same is located, in which there exists any of the
following listed conditions to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the
occupants thereof shall be deemed and hereby is declared to be
a substandard building:'
1. Inadequate Sanitation, which shall include but not be
limited to the following:
a• Lack of, or impzoper water closet,
or shower in a dwelling unit. lavatory, bathtub
b• Lack of, or improper water closets, lavatories, and
bathtubs or showers per number of guests in a structure.
C. Lack of, or improper kitchen sink.
d• Lack of hot and cold running water to plumbing fixtures
in a dwelling unit.
e. Lack of adequate heating facilities.
e f• Lack.of, or improper operation of required ventilating
equipment.
g. Lack of minimum amounts of natural light
required by this Code. and ventilation
h. Room and space dimensions less than required by this Code.
i. Lack of required electrical lighting.
j. Dampness of habitable rooms.
k. Infestation by insects, vermin or rodents as determined
by the health officer.
1. General dilapidation or improper maintenance.
M. Lack of connection to required sewage disposal system.
-6-
9
D. Lack of •
-acilities as determined
garbage and rubbish Stora
Y the Housing Inspector, ge and removal
_o th(Z� Structural Hazards
following: which
shall include
a. Deteriorated orout not be limited
Defective lnadequat
or deteriorated
Flooring or floor
loads with safety,
d Members
=t split, lean of walls,
ion.
c` eriorat , list, or
b.
==Posed
e foundations.
flooring or floor supports.
supports of insufficient size to carry
Partitions,
buckle due
_
S. t•Fembers of walls,
are of insufficient
partitions,
size to carry
f. Membersof ceilings,
__rer horizontal
members which
-_ Arial or deterioration.
*
9.30.4. CONVEYANCE,
or other vertical supports
to defective material or
or other vertical supports
imposed loads with
-roofs, safetceiling and roof orts y.
suppy.
sag, split, or buckle due to defeor
ctive
No TRANOPER OR CONVERSION.
con_veyedstructure cont
one
-ns Without booutosaidngfrom one h duelling units shall
ith hous'
=aid cony Y the Fiousin structure and dwelling g classification be
conveyance transf =InspeQtor within 18pnits having beeno
conversion days Prior to
-rise for correction of noted
Lure shall issue a certificate en
=t acture and dwellingiciencies, the Housing
unit compliance
9.30.5. ENFORCEMENT for said
. NOTICE AND HEARINGS.
-re`
A NT,
Aa` yaPoovibse s ofdthr tile jito believe that there
ions c
--'egad violation to the Chapter Ye has been
=s h'Teinafter Provided. PSuchnnot•personsshallresPongivenotice ofosuchon
l Be .ice shall: le therefore,
Put in writing.
Z- Include
-=sued. a statement
3. Allow of the reasons why it is being
-= requires, a specific time
for the Performance of any act
4. Be served u
the case Pon the ocvner o
oe Proper mays require. provided that r his agent
a copy thereof i- Upon upon such at such notice or the occupant,
-e se owner or cent, shall be deemed
` of is sent by registeredpmailIln Personally; oruponasco yoccuparit,
his last known address;
-7-
or if he is served with such.notice by any other method authorized
or required under the laws of this state.
5. Such notice may contain an outline of remedial action
which, if taken, will effect compliance
this Chapter. with the provisions of
* B. If upon inspection of a dwelling unit or units
Housing Inspector finds said unit or units in compliance the
With the Minimum Housing Code, the Iiousin
a certificate of compliance. The certificatensPallobeshall issue
to and in the name of the owner of the unit or units anissued
not be transferable. In the event of the sale of the property,
the new owner must secure a new certificate of compliance.
C. For the purposes specified in subsection 9.30.5.D,
9.30.5.E, 9.30.5.F, 9.30.11.B, 9.30.11.E and 9.30.13.F of this
chapter there is hereby created a Housing Appeals Board. The
Council may appoint a special board or may utilize any existing
Official board of the city for this purpose.
D. Any person affected by any notice which has been
issued in connection with the enforcement of any provision of
this Chapter may request" and shall be granted, a hearing on
the matter before the Housing Appeals Board; provided that such
Person shall file in the office of the Housing Inspector a
written petition requesting such hearing and setting forth a
brief statement o£ the grounds therefore within ten days after
the date the notice was served. Upon receipt of such petition,
the Housing Inspector shall set a time and place for such
hearing; shall give the petitioner written notice thereof,
outcome of the hearing. At such hear
and shall take no further enforcement action pending the
ing, the petitioner shall
be given an opportunity to be heard and to show why such
notice should be modified or withdrawn. The hearing shall be
commenced not later than thirty (30) days after the date on
which the petition was filed provided that upon application of
the petitioner, the Housing Inspector may postpone the date of
the hearing for a reasonable time beyond such thirty. (30) day
period if, in his judgement, the petitioner has submitted a good
and sufficient reason for such postponement.
E. After such hearing, the Housing Appeals Board shall
sustain, modify, or withdraw the notice, depending upon its
findings as to whether the provision
complied with. If the s of this Chapter have been
fIousing Appeals Board sustains or modifies
such notice it shall be deemed an order. Any notice served
Pursuant to subsection 9.30.5 of this Chapter shall automatically
become an order if a written petition for a hearing is not filed
in the office of the Housing Inspector within ten
such notice is served. After a hearing in the (10) days after
case of any
notice suspending any permit required by Section 9.30.11 when such
notice has been sustained by the.Housing Appeals Board, the permit
shall be deemed to have been revoked. Any such permit which has
been suspended by a notice shall be deemed to be automatically
revoked if a petition for heari:,g is not filed in the office of
the Housing Inspector within
served. ten (10) days after such notice is
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0
F. The proceeding at such hearing, including the findings,
and decision of the housing Appeals Board shall be summarized,
reduced to writing, and entered as a matter of public record
_n the office of the housing Inspector. Such record shall
also include a copy of every notice or order issued in connection
::ith the matter. No hearing shall be valid unless a majority
of the Board is present and no decision at a hearing shall
ze valid and binding unless reached by a majority of the whole
'oard. Any person aggrieved by the decision of the Housing
Appeals Board may seek relief therefrom in any court of
competent jurisdiction, as provided by the laws of this state.
G. whenever the Housing Inspector finds that an emergency
exists which threatens immediately the public health, he may
issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary
to meet the emergency. Notwithstanding the other provisions
of this Chapter, such order shall be effective immediately.
.�.ny person to whom such order is directed shall comply therewith
i.=„ediately but upon petition to the Housing Inspector shall
be afforded a hearing as soon as possible. After such hearing,
depending upon its findings as to whether the provisions of
pis ordinance have been complied with, the Housing Appeals
Board shall continue such order in effect, or modify it, or
revoke it.
9.30.6 BASIC EQUIPMENT AND SUPPLIES. No person shall
occupy as owner -occupant or let to another for occupancy any
dwelling or dwelling unit, for the purpose of living, sleeping,
cooking, or eating therein which does not comply with the
fcilowing requirements.
*A. Every dwelling unit shall have a room or portion of a
roots in which food may be prepared and/or cooked which shall
:.ave an adequate ventilation area, and which shall be equipped
with the following: i
*1. A kitchen sink in good working condition and properly
connected to a water supply system which provides at all times
a_, adequate amount of heated and unheated running water under
pressure, and which is properly connected to a sewer system.
*2. Cabinets and/or shelves for the storage of eating,
drinking and cooking equipment and utensils and of food'that
does not require refrigeration for safe keeping.
*3. A stove or range for cooking food, a refrigerator,
or similar device, for the safe storage of food at a temperature
less than SO F. but more than 32 F., which are properly installed,
provided that such stove or range and refrigerator need not
ze installed when dwelling unit is not occupied or when the
occupant is expected to provide the same on occupancy.
_'9-
F_
B. Every dwelling unit shall contain a room which affords
privacy to a person within said room and which'is equipped with
a flush iaater closet and a lavatory basin in good working
condition and properly connected to a water and sewer system
approved by the housing Inspector.
C. Every dwelling unit shall contain, within a room which
affords privacy to a person within said room, a bathtub or
shower in good working condition and properly connected to
a water and sewer system approved by the Housing Inspector.
D. Every kitchen sink., lavatory basin, and bathtub or
shower required under the provisions of subsections 6.A, 6,B,
and G_" of Section 9.30.6 of this Chapter shall be properly
supplied with both hot and cold water.
E. All plumbing shall be so designed and installed as to
prevent contamination of the water supply through backflow,
back -siphonage, and any other method of contamination and so
that no potable water line or plumbing fixture is directly
connected to a non -potable water line or plumbing fixture is
directly connected to a non -potable water supply.
F. Every water supply line shall be so constructed that
there is no possibility of a cross -connection between a potable
and non -potable water supply.
G. Every water supply inlet shall be located above the
flood level of .any installed sink, lavatory, bathtub or
automatic washing machine and similar water using fixtures,
or above some unobstructible overflow thereof; and there
shall be no submerged inlets, except submerged inlets installed
with a vacuum breaker of a type approved by the Housing Inspector.
H. The waste line of every water using fixture shall be
trapped and every waste line shall drain freely without
obstructions and shall be free of leaks.
I. All plumbing, plumbing fixtures, and appurtenances
thereof shall be maintained in good working condition and
reasonable repair by the owner.
J. eater pressure shall be adequate to permit a proper
flow of water from all open outlets at all times.
K. Every water closet shall be of the trapped type, with
facilities for safe and clean flushing. No water closet shall
be of the so-called "flush -hopper", "frost -proof hopper", or
similar type.
-10-
L. Every dwelling shall have supplied water heating
in
facilities which are properly installed, are maintainedconnectedwith
safe and good working condition, and properly
zhe hot water lines required under the provisions of subsection
9.30.6D of this section and are capable of heating water to
such a temperature as to permit an adequate amount of water to
be drawn at every required kitchen sink, lavatory, basin,
bathtub or shower at a temperature of not less than one
F. Such supplied water heating
hundred twenty degrees (120)
facilities shall be capable of meeting the requirements of
this subsection when the dwelling or dwelling unit heating
_facilities required under the provisions of subsection 9.30.7F
of this Chapter are not in operation.
M. Storage and disposal of garbage and rubbish shall
co. --,ply with the requirements of the ordinances of the Code of
and the Housing Inspector may
lo'. -7a City concerning same
enforce the requirements contained therein.
N. All fuel burning hot water heaters shall be properly
vented in accordance with subsection 9.30.7G of this Chapter.
p, Every gas pipe shall be sound and tightly put together
and shall be free of leaks, corrosion, or obstruction so as
_o reduce gas pressure or volume.
P. Every gas appliance shall be connected to a gas line _
with solid metal piping except that listed metal appliance
connectors or semi-rigid tubing may be used if approved by
the dousing Inspector.
Q. Gas pressure shall be adequate to permit a proper
flo;•r of gas from all open gas valves at all times.
ave
*R. Every 2) independent,unobstructedle unit and rooming lmeanslofhegress
access to two (2) then. shall be a doorway
reaote from each other. 2a- least one (1)
:zich discharges directly or via corridors.or stairways or
both, to the exterior of the building at ground level.
S. Every dwelling or rooming unit shall have safe,
,;nobstructed means ou.ey theleadlawstofsafe thisand stateepace at
and
redb
--round level, as req Y
ordinances of the City of Iowa City.
T. Every gas -burning heating unit and water heater shall
be equipped with a pilot light and an automatic control
to
interrupt the flow of gas to the unit in the event of pilot
:fight failure and all gas heating units with plenum shall
:ave a limit control to prevent overheating.
-11.-
U. All stairs
having four (4) or and steps, either
substantial more risers interior or exterior,
handrail situated shall be equipped with a
(34) inches above the nose between thirty (30
between occupied floors of the ) and thirty-fou,
at stair treads. All staff y-£Our
least six foot six inchesp(6Ch and walkwaysteps shalryays
height of not ) of head ste
less more than room al have
ser
tread than nine (9) incties1Jhrire) inches and a treadrwidth not
width of at least escape stairs
excess of nine nine (9) inches and shall have a
escapes. (9) inches. winders a riser not in
All areas accessible shall not
and situated to occupants ofbe used on £ire
(36Sha) inches
be more th�ns stantifeet adjacent areas
protected b above any dwell
inches high. guardrails
at least thirty-six
*V• Every dwellin
for the safe storage of g or rooming unit shall
drugs and household have a facility
*v''- wherever an poisons,
fenced oarea, ny Pthere
ublic shall rbesa£m�ans nfdeelling Opens into the
area
way adjacent tns Of hereto-
dwelling
from the fenced
*X. No Person shall
dwelling unit unless all let for Occupancy dwellingexterior doors nand any dwelling or
locking or dwelling unit are
g device. equipped with windows un the
a safe functioning
9.30.7 LIGHT, VENTILATION,
occupy as owner-occupant AND HEATING.
dwelling or dwelling or let to another forNo Person shall
cooking, or eatin g unit, for the occupancy an
following g therein, which Purpose cf living, sleeping, g does not comply with leeping,
Al or Every
cookinghabitable
rom except those used solei
cooking or skylight facing dire ctl eating shall have at y for
total window Y to the least one (1) window
room shall bearea, measured outdoors.
between stops, for every
minimum
Whenever walls ten percent (10%) of the every habitable
any such or other portions floor area of such
less TO°m and such li of structures face room.
OM
three (3) feet light
-Obstructing structures a window of
level above that from the window aTe located
shall not be °f the ceilin and extend to a
not be deeme•:' to face g ct the room, such a window
included as contributanrectly to the outdoors
window areaT9henever the only to the and shall
type Window'. n the Y wind ocv inquired minimum total
such
totaskylight shallequalof such room, the totalom is a skylight
floor at least fifteen window area of
not have area of such room. Any habitable Percent (15$
luminaries window or skylight room which Of the
capable ofProducing shall have supplied ewhich does
twentes of light at thecookinat least seventy (70) foot
Y (20) moot candles g surface level of
other food preparation °f light at the ranges and
work surfaces. surface of table and
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0 •
B. Every habitable room shall have at least one (1)
window or skylight which can easily be opened, or such other
=_vice as will adequately ventilate the room. That total
speenable window area in every habitable room shall be equal
_c at least forty-five percent- (45£) of the minimum window
area size or minimum skylight type window size, as required in
s-_bsection 9.30.7A, except where there is supplied some other
=vice affording adequate ventilation and approved by the Housing
_nspector.
C. Every bathroom and coater closet compartment shall comply
:th the light and ventilating requirements for habitable
rcoms contained in subsections 7A and 7.B except that no window
.,r skylight shall be required in adequately ventilated bathrooms
.d water closet compartments equipped with a ventilation
system approved by the Housing Inspector.
D. Every public hall and stairway in every multiple
=:telling containing five (5) or more dwelling units shall be
=�equately lighted at all times. Every public hall and
stairway in structures devoted solely to dwelling occupancy
and containing not more than four (4) dwelling units shall be
supplied with conveniently located light switches, controlling
an adequate lighting system which may be turned on when needed,
instead of full-time lighting. The continuous or available light
=n tensity at floor or stairtread level shall be at least two (2)
-cot candles. Every habitable room shall be equipped with a safe __
=_'-ectrical switch which activates a luminary within the room
:ich is located near and convenient to the room entrance.
E. Every habitable room shall contain at least two (2)
separate floor or wall type electric convenience outlets which
stall be situated a distance apart equivalent to at least twenty-
=-ve (25) percent of the perimeter of the room; and every water
closet compartment, bathroom, laundry room, furnace /room, and
_,.:blic hall shall contain at least one (1) supplied ceiling or
.c=-11 type electric light fixture. Every such outlet and fixture
s=alt be properly installed, shall be maintained in good and safe
::cr'rinc condition. No temporary wiring shall be used except
extension cords which run directly from portable electric fixtures
to convenience outlets and which do not lie beneath floor cover-
i:cs or extend through doorways, transoms, or similar apertures
-_!structural elements or attached thereto. The electrical system
every dwelling shall not for reasons of overloading, de-
apidating, lack of insulation or improper fusing or for any other
=arse, expose the occupants to hazards of electrical shock or the
xcupants and the structure to hazards of fire.
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0 s
Ever
Properly installedlling shall have
condition are have
inating facilities which
habitable and are capable of safe) safe and are
rooms Y and good working
located therein to
and water adequate)
Y heating
(70� p a temperature closet compartments all
all ' at a distance of three °f at least seventy
times. Such he three (3i feetdegrees
egU1PPed that g facilities shall be s floor level at
dwellin Neat as herein specified is be so
g unit and r°omhn available
and
g unit. )able to every
G. Every central
and cooking appliance shalllng be unit, space heater,
manner so as to afford located and water heater,
of egress facilities reasonable installed in such
fire or explosion °r egress Protection against such
plosion in them and routes in the event of uncontrolled
fire in the structure Protection
burning heatin °r materials in the against ignition of
in a safe g unit or water heater structure. Ever
building anner to a chi y he ter shall be effective) Y fuel
the g and shall mne leadingY vented
The vents shall be furnished with to the exterior of
shall be adequate) Of such design as to assure
air supply
and in good quate:ionUpported and shall be Proper draft,
kept reasonably clean
tt• No fuel burning space
sleeping Xtcrunless Providedwithter shall adequate de
from the e located within any
unit shall be s the combustion ducting for air
Baled from the chamber for such air supply
ng
I• Eve room in an airtight manner.
Protected against
steam or hot %,later boiler and
by the gainst overheating by adequate water heater
Housing Inspector. quate external shall be
devices approved
O During that portion of each
Year spector deems it necessary for protection whenHousing In -
flies, and other the mosquitoes
dwellinginsects, every door Opening
mosquitoes,
unit or rooming unit to outdoorning direct)
supplied screens of not l from a
a self-closin less than sixteen
space, shall have
Openings to thedeviceI and every window (16� mesh per inch and
wise be outdoor space Or other device
shall e subplied with such screens; for ventilation with
quired Burin Provided shall like -
Housing Inspector to be g such that, such screens
of buildings as to Such high rooms deemed by the
be free from such gh in the upper stories
insects.
K. Every basement or cellar window used
used for ventilation, and every other
might pr°vide or intended to be
wire an entry for rodents Opening to a basement
screen of not larger than ' shall be which
device as will effective) one-fourth supplied with a heavy
Y prevent their (l/4) inch mesh or such
entrance.
-14-
0 0
*L- During that portion of each year when
Inspector deems it necessary for protection
and cold the Housing
every door, opening direct) against the elements
oozing unit to outdoor. space y from a dwelling
%:ith a self-closin shall have g unit or
"Penin s g device; and ever supplied storm doors
4 to the outdoor space shall y window or other device
storm windows. likewise be Suppliedwith
with
* enforce the The Housing
able eInspector shall
Iowa State Fire in all
cases cohere applic-
Safety Code.
*N. The National Electrical Code and the Iowa Cit
C"de shall be enforced by the Housing Inspector in
tha all dwellings e Electrical
adequate u and dwelling units are order to assure
Power supply• provided a safe and
9.30.8 GENERAL REQUIREMENTS RELATING TO THE SAFE
:i%,I_'TENADICE OF PARTS OF DWELLINGS AND DWELLING
shall OF
as owner- `�D SANITARY
a=iY dwellingoccupant or let to purpose off or occupancyNo on
follo;vin g'oordeatinng unit, fo`hich purpose of living, sleep-
s. cooking, the
g requirements: therein does not
comply with the
s=ea A. Every foundation, roof
and every cvindocv, door, and fother wall, ceiling,
be reasonably weather -tight aperture covering shall
struction, and shall be g rodent proof, sound e shall
maintained in "f safe con-
ned condition,
B• Every doorway to and within each habitable room
room, toilet room, kitchen, hall, and stairwe
six foot four inches 11 shall be�abath-
_11 entrance doorhe x(6'911) high and twenty-four 2 least
�e eentranc with y to d47elling units and 4i inches wide.
doors which effective) rooms,ng units shall
y close the doorway.
C. All structural, insulating, and wall ceilin
finish materials, and the installation thereof shall be such ais
to Provide fire g and floor
required b resistivity and flame spread characteristics
the surfacesshall
law or as approved by the Housing shall be as
of such character as to be easilycleannspector and
D. Every door, cleanable.
concondition and ever , door hinge, and door latch shall be in
in its y door, when closed, shall fit good
frame. All windows and doors it frames
�= constructed and maintained and their frames hall
well
as to exclude rain and wind in such relation to wall construction
from entering the structure.
*E• Every water closet compartment floor surface
floor surface and kitchen floor surface shall be constructed and
-aintained so as bathroom
to be reasonably impervious to water and so as
-15-
to permit such floor to be easily kept in a clean and sanitary
condition. Any carpeting that is adjudged to be in an unsafe
or unsanitary condition shall be ordered removed by the Housing
Inspector. Floor surfacings which are in good condition and
composed of terrazo, tile, smooth concrete, rubber, asphalt tile,
linoleum, or other similar materials which are reasonably
impervious to water shall be deemed to satisfy the requirements
of this Chapter.
F- Every supplied facility, piece of equipment or utility
shall be constructed or installed that it will
and effectively, and shall be function safely
condition. maintained in satisfactory working
G. No owner, operaL-or, or occupant shall cause service,
facility, equipment, or utility, which is required under this
Chapter, to be removed from or shut off from or discontinued for
any occupied dwelling let or occupied by him except for such
temporary interruption as may be necessary while actual repairs
or alterations are in process, or during temporary emergencies.
H. The premises and grounds of every dwelling shall be kept
orderly and free of uncontrolled materials which are hazardous
to life, health, or property and shall be graded, drained, and
maintained as to preclude the ponding of water or the attraction,
breeding, and harborage of vermin.
I. The exterior of every dwelling and its outbuildings,
Porches, exterior steps, and similar appurtenances shall be
Painted, finished or otherwise maintained to prevent excessive
deterioration from weathering.
J. All pipe passages, chutes and similar openings through
walls or floors shall be adequately enclosed or sealed to prevent
the spread of Eire or passage of vermin.
K. All fences, outbuildings, and other appurtenances, on
the premises of any dwelling and all eaves troughs, downspouts
and other roof drainage equipment of the dwelling and its
outbuildings shall be maintained in sound functional condition,
and otherwise in such manner so as not to constitute a fire,
health, or safety hazard.
L. No owner shall occupy or let to any other occupant any
vacant dwelling unit or rooming unit unless it is clean, sanitary,
and fit for human occupancy.
*M. All excavations or any other hollowing out of the ground
including abandoned cisterns shall be fenced,rgafely,covered or
filled'�in such a. way' as _nbt to create -a hazard -to life or limb.
-16-
9.30.9 MINIh,uM SPACE, USE, AND LOCATIOMkQUIgEMENTS. No
person shall occupy as owner -occupant, or let to another for
occupancy any dwelling or dwelling unit, for the purpose of
living, sleeping, cooking, or eating therein, which does not
comply with the following requirements:
A. Every dwelling unit shall contain at least one hundred
fifty (150) square feet of floor space for the first occupant
=hereof and at least one hundred (100) additional square feet of
floor space for every additional occupant thereof; the floor
space to be calculated on the basis of total habitable room
area. Each bedroom in each such unit shall contain at least
seventy(70) square feet of floor space.
B. In every dwelling unit of two (2) or more rooms, every
room occupied for sleeping purposes shall contain at least
four hundred (400) cu. ft. of air space for each occupant twelve
(12) years of age or older and at least two hundred (200)
Cu- ft. of air space for each child under twelve (12) years of
age.
C. No dwelling containing two (2) or more dwelling units or
rooming units and no dwelling unit containing two (2) or more
rooming units shall have such room arrangements that access to
a bathroom or water closet compartment intended for use by
Dccupants of more than one (1) dwelling unit or rooming unit that
can be had only by going through another dwelling unit or
rooming unit; nor shall room arrangements be such that access to
a dwelling unit or rooming unit can be had only by going through
another dwelling unit or rooming unit or a bathroom or water
closet compartment.
D. Every habitable room hereafter erected shall have a
ceiling height of at least seven (7) feet except that at least
one-half (1/2) of the floor area of any habitable ceiling shall
have a ceiling height of at least seven (7) feet; and the floor area
of that part of any room where the ceiling height is/less than
five (5) feet shall not be considered as part of the floor area
in computing the total floor area of the room for the purpose
Of determining the maximum permissable occupancy thereof.
E. No cellar space shall be used as a habitable room or
dwelling unit.
F. No basement space shall be used as a habitable room or
dwelling unit unless:
1. The floor and walls are impervious Lo leakage of
underground and surface runoff water and are insulated against
dampness.
2. The total window area in each room is equal to at
least the minimum window area sizes as required in subsection
9.30.7A.
3. Such required minimum window area is located entirely
above the grade of the ground adjoining such window area or a
window below grade: in whole or in part shall have a minimum
_17 _
ar space Of three (3) feet
from the face of said window.
4. The total
nxcep- ehereast the min�sumaaserequiredndow area in each room is e
>'entilation anderc supplied some under subsection g, equal
approved b other device 30.7B
Y the Housing Ins affording adequate
5 No basement Pector. 4uate
.:: less all the shall be occ
='-ch roomfollowing Conditions 1ed as a d47ellin
occupied for livingcomplied with
ghuas
are
purposes_ as to
a. Such room shall beat least
high in every part from the seven
floor to the cei(7) feet
b,There
use of a shall be appurtenant
water closet.
to such room the
c. At least one (1) of
Of which such room is an
window the rooms of the apartment
or windows integral part shall
Yard with - an
directly to the have a
t or
feet in size cggregateOf at the sasleast twelve (12)esquare
readily For the purpose of frame
ventilationnd which shall open
d' The lowest
floor shall be waterproof and damp-proof. _
e• Such room shall have sufficient
ventilation, shall be well-draine
fit for human light and
habitation. d and dry and shall be
*f• Accessory
unit shall be structurallres on the premises of
good repair and free e sound, and be a dwelling
structures shall be of vermin. maintained in
Of de ca _ made weatherThe exterior of such
Preservativesstant materials
resistant throe
Further als or the use through the use
structure shall not any structure built or other
or units without co later be made built ling accessory
down for completely into a dwelling unit
the construction Y fulfilling all standards
Codes and the Iowa Cet
it of um buiHousin by the UniformBuilding9.30.10 Y Minimum
RESPONSIBILITIES OF g Standards.
OWNERS AND OCCUPANTS
*A• Substandard
:hereof- which are Buildings. All buildings
is Code determined to be substan or portions
are hereby declared to be substandard
e abated b as defined in
ccordance Y repair, rehabilitation public nuisances
with the codes of the Cit demolition and shall
Y of Iowa city, removal in
i Every owner. Of a Y. Iowa.
=selling units shall be dwelling containing
= d sanitary co responsible responsible £or two (2) or more
on the shared or maintaining in a cleZ..n
Public areas of the dwelling
-18- 1
and premises thereof. Every occupant of a dwelling or dwelling
unit shall keep i clean, safe and sanita ondition that
part of the dwell ig, dwelling unit, and pre ses thereof which
he occupies and controls.
C. Every floor and floor covering shall be kept reasonably
clean and shall not be littered or covered with dirt, dust,
garbage, human or animal fecal matter, or any other unsanitary thing.
D. Every wall and ceiling shall be reasonably clean and shall
not be littered or covered with dust, dirt, cobwebs, or greasy
film.
E. No stagnant water shall be allowed to accumulate or stand
anywhere about- the premises and grounds.
F. Every occupant of a dwelling or dwelling unit shall
dispose of all his rubbish, garbage, and any other organic
waste in a clean and sanitary manner, by placing it in the
disposal facilities or storage containers required by subsection
9.30.6M. It shall be the responsibility of the owner to supply
such facilities or containers for all dwelling units in multiple
dwellings and:for.all dwelling units ldcated on premises wheree
more than two (2) dwelling units share the same premises. In
all other cases, it shall be the responsibility of the occupant
to furnish such facilities or containers.
G. Every occupant of a dwelling or dwelling unit shall be
responsible for hanging all screens and double or storm doors and
windows whenever the same are required under the provisions
of this Chapter except where the owner has agreed to supply such
service.
*H. Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents, or other pests therein or on the premises and every occupant
of a dwelling unit'in a dwelling containing more than one (1)
dwelling unit shall be responsible for such extermination whenever
his dwelling unit -is the only one infested. Notwithstanding the
the foregoing provisions of this subsection, whenever infestation is
caused by failure of the owner to maintain a dwelling in a rodent
Proof or reasonably insect proof condition, extermination shall
be the responsibility of the owner. Whenever infestation exists in
two (2) or more of the dwelling units in any dwelling, or in the
shared or public parts of any dwelling containing two (2) or more
dwelling units, extermination thereof shall be the responsibility
of the owner.
I. Every occupant of a dwelling unit shall keep all plumbing
fixtures therein in a clean, safe, and sanitary condition and shall
be responsible for the exercise of reasonable care in the proper use
and operation thereof. In shared facilities, the owner shall be
responsible for the maintenance and sanitary condition of said fixtures.
9.30.11 ROOMING _ MULTIPLE DWELLINGS.
No person shall operate a rooming house, or shall occupy or
let to another for occupancy any rooming unit, except in compliance
with the provisions of every section of this Chapter except the
provisions of subsection 9.30.6.A through E.
-19-
A• No person •
=:selling or sha shall operate
==orcin or multipleet to ad°eher foroOccupancy a or multiPle
_ g house
n°'�ltgforuse Permit ohtultipleng unless he holds in any
Y unit
=he no U'. said rooming house Dwellin a valid
g Inspector in °Y multi g Permit or a Temporary
=?ecific dwelling or Ple dwellin
sllthe
necessaryIfousing Inspectorluingnunit�f The operatorgand-Issued
the
dive
rov improvementsPneededon pliance Operator shall apply
-eriodhe Provisions of this to bringY the Operator t
specified in d Tem Chapter shall bedoneInto compliance
=y conspicuous said Porar within
al.l ti Place within the Y Permit shall be the
mes. Lach Te rooming 'me
e
-�er�on the words, Te Temp Permit g house displayed in
Z,e-mi t, m shall have multiple dwelling
orary permit" clearly
and the durationstamped
B. Any Person whose application
°f said
ooeshall beegrr multiple dvellinglhasfbeen to operate
or a Permit
als Board hearing on denied, may re a
under the procedure the matter before the quest
C. Before usin provided by Section 9.30u5.ng
_ emporar• , the IIo
Je byPth" Owerinit ner the Provisions ofspector athisssUe any or
Paid
alelling or dwellin Or operato Section permit
�y Resolution of gs' a fee, the of the rooming house there shall
-or a Temporary Permit Of Council ofoio�aOf hich shall bmuStiple
et
aeParate Porar
a le fee shall be req all befoYleasame as for aoPermit1iandCe
mPorary Permit has required
ex expired or the pular Permit a
D. Whenever, unit has come issued after
elIi upon ins into
ng. the Ilousinc Pection of. cOmPliance.
exist which arc J inspector an roomin
=he Hou in Violation of finds that g house or multiple
g Inspector any Provisionsditions or practices
tonditionsoming house or mult1Ve notice in writin this'Chapter,
=o be dote or practices are correcteelling that unless Operator
mill be deter by the Ho d within
suspended. 11t the Inspector, a such
o;
=hall reinspect the operator' P`'iod�
�e finds that such roomin °f such period, the s
,e shall such conditionshorSC °r molt' Housing Ins
give notice Practices1paVedwelling and if
pector
�uchlo has been suspende `rating, to the o not•been corrected,
Aerator shat d• Upon recti Aerator that
=Ouse or multi 1 1'ediatel pt of notice of Buse latter''
r livin Ple dwellin nocease operation of s Pension,
-nstanceg Purposes g and Person shall such rooming
s wl'ere violations
of unit therein occupy for 'lee
Of several dwellin Ions of this Provided Ping
=n the 4 units ChaPter are that in
judgment of the °Y rooming units confined to one (1�
azard to health housing Ins within a dwellin
-lm the applicatip safety elsewhere tor, do not constituteg and,
==1e areas in which °f the re Housin a
the violatioq'1rement to g Inspector may
exist_ vacate premises to
-20-
multiple
E An Y persohn whose permit to operate a rooming house or
dwelling as been suspended, or who has received
from the Housing Inspector that his permit is to
unless existin notice
or multi g conditions or practices at his obesuspended
,paehearining a:re corrected, may request and rooming house
granted shall be
under the g on the matter before the Housin
Provided thaocedure provided by section 9.30.5 g Appeals Board
pro if no of this
ten ) petition for such hearing Chapter
such (10 days following the day on which such is filed within
Permit shall be deemed to have been permit was suspended,
automatically revoked.
F. In dwellings in which rooming units are let at
flush water. closet, lavatory basin, and bathtub
Properly connected to a water and least one (1j
sewer system approved
shower,
Housing Inspector and in good workin shall b b
for each eight (g) g condition shall b the
members of the e persons or fraction thereof, Y supplied
rooms are let Operator's family wherever a including
for not more than onlyto
hales, flush urinals rooming house where
closets. All such facilities/sh the requiredynbe substituted
as to all be so located bWithinr of �atherdwelling
be reasonably accessible from a common hall or
to all persons sharing such facilities. Y
passage wa
G. in dwellings in which rooming units are let, the operator
leasesupplying bed linen and towels therein, shall provide same at
once lheeek and operatorrsor tobtile
letting of a room to any
occu ant. '�
of all sup plied bedding responsible for the maintenance
operator shall furnishandmaintain ean and
such acurtainsnitary ,ndra-e The
similar equipment as necessary to assure
Of the rooming units. e O or
Privacy to the occupants
HE`7Cry rooming unit shall contain at least four hundred
(400) cubic feet of air space for each occupant thereof.
I- The operator of every rooming house shall be
for the sanitary maintenance of all walls
and for maintenance in responsible
a sanitary conditionfof floors and ceilings,
rt
of the rooming house and he shall further be every other
sanitary maintenance of the entire responsible for
structure or buildingpremises where the entire
is leased or occupied by the operator.
J. A "Class A" type fire extinguisher or one that is approved
by the ]Sousing Inspector shall be provided on each
hunylPoethatdwelling
theto
gnd rooming house. floor of every
Extinguishers shall be
and easily t the ibleis not over five (5) feet from the floor
person must travel more than seventy-fOccupantsive
and spaced so that no
Point to reach the nearest cher* (t feet from any
recharged or periodically extinguisher. Extinguishers y the ma shrall be
and a dated to Y examined as directed b
g showing such maintenance shall be attached tocturer
each extinguisher at all times.
_21-
0
0
K. Every provision of this Chapter which applies to rooming
`:ousel shall also apply to hotels, dormitories, fraternities
and sororities, except to the extent that any such provision
-.ay be found in conflict with the laws of this state or with
=^e lawful regulations of any state board or agency.
L. In every rooming house in which space is to let to more
_`---an four persons and in every multiple dwelling in which more
_an one dwelling unit is served by a common central heating
--..stem or water heating system, the heating unit or units shall
suitably enclosed or otherwise protected in the interest
fire control by enclosure with one hour fire resistive construction,
_ncluding all walls, ceilings, and doors or a sprinkler syste)
approved by the Housing Inspector.
*M No wooden multiple dwelling shall hereafter be erected
a<ceeding two stories in height and no wooden building not
now used as a multiple dwelling shall hereafter be altered into
a multiple dwelling exceeding two stories in height. Nor shall
any attic be altered so as to be made into a habitable living
zit unless said alteration complies fully with the Minimum
sousing Standards.
*9.30.12 SINGLE FAMILY -OWNER OCCUPIED, OR RENTAL and
DUPLEXES
A. No person shall occupy a single family dwelling or duplex,
or let to another for occupancy any single family dwelling or
d-.:plex, except in compliance with the provisions of every section
of this Chapter except the provisions of subsections. 9.30:11
and 9.30.5-R.
B. Upon inspection of any single family dwelling or duplex.
prior to sale as provided in 9.30.4 there shall be paid by the
moaner of said property a fee for inspection. The amount of which
stall be set by resolution of the City Council of Iowa City, Iowa.
9.30.13 DESIGNATION OF UNFIT DWELLINGS AND LEGAL PROCEDURE
1F COMDEMNATION. No person shall occupy as owner -occupant, or
1=_t to another for occupancy any dwelling or dwelling unit, for
=he purpose of living, sleeping, cooking, or eating therein,
:rich does not comply with the following requirements.
A. Any dwelling or dwelling unit which shall be found to
:ave anv of the following defects shall be condemned as unfit
-or human habitation and shall be so designated and placarded
bf the housing Inspector.
1. One which is so damaged, decayed, dilapidated,
insanitary, unsafe, or vermin infested, that it creates a
s=rious hazard to the health or safety of the occupants or of
^e public.
2. One which lacks illumination, ventilation, or
sanitation facilities adequate to protect the health or safety
of the occupants or of the public.
d*AC
0 •
location3- One which, because of its general condition or
, is unsanitary or otherwise dangerous to the
or safety of the occupants or of the public. health
*B. The Housing Inspector shall leave a reasonable
time but not more than six months between the time he
the property and the time Period of .
remedial action he begins condemnation Placards
the dwellac is not taken to correct the situattionefornwhich
J was placarded.
C- Any dwelling or dwelling unit or an
condemned as unfit for human habitation
Placarded by y Portion thereof,
} the Housing and so designated and
or as ordered by the HousingPector, shall be vacated immediately
Housing Inspector.
D• em ed andng or dwelling unit or portion thereof which has
Port -
been condemned
shall again be used for
as unfit for human habitation,
secured from for human habitation until written a
Inspector. and such placard is removed by, the Housing
is
The Housing Inspector shall remove such
whenever the defect or defects upon which the condemnation and
whenever Placard
g action were based have been eliminated.
E. No person shall deface Or remove the
dwelling or dwelling unit which has been
for human Placard from any
in subsection9.30.13.D.
and placarded condemned as unfit
9.30.13.D. as such, except as provided
F• Any person affected b}' any notice or order
condemning and placarding of a dwellin
for human habitation may relating to the
hearing y Yequest, and shalldbelgran unit as unfit
q on the matter before the Hous* granted, a
Procedure set forth in Section 9.30.5 g Appeals Board under the
Of this Chapter.
9.30.14 ORDER TO ALLOW INSPECT2ON.
A- The housing Inspector is hereby authorized to conduct
reasonable consentual inspections of any building
City, Iowa, On a reasonable and regular. inspectional basis or
upon complaint within Iowa
the health and safety order to Perform the duty of safe q
to inspect a of the Occupants or the guarding
the lawful right to
b Public. If consent
to a Magistrate of the , the Housing person or persons having
Count Iowa District q Inspector shall apply
y for an Order to Allow Court in and for Johnson
application shall Inspection of the buildin
include the following: J Such
1- The name of the applicant.
2. The applicant's occupation and duties.
3. That the applicant contacted the person
Of a building in regard to requesting permission in control
to inspect such
Premises at a certain time.
-23-
4• That the person so contacted refused to
to inspect said premises.
grant permission
5. That the applicant has reasonable cause to
that there may be substandard conditions as defined b
code or that the inspection believe
routine inspection of the is to be conducted n the housing
premises, pursuant to a
6. The date t -he strucl-ure had last been inspected
by a Housing Inspector.
7.
The
nature of
the structure.
8.
The
surrounding
area of the structure
health and safety the inspection is necessar
y of the occupants and the e to assure the
general public.
B. Issuance of order.
If the magistrate is satisfied from his/hex examination of
the applicant, and the existence of the grounds for tt�e ap
or that there is reasonable cause to for that there is
violation of the housing151icatio,
allow inspection to code' to
shall issue an a
t -he Housing Inspector. order to
C- Form of Order.
The warrant may be in substantially the following form:
ORDER TO ALLOW INSPECTION
Now on this day of
the Court having considered the fore oin 119
order of this Court that g g Application,
pp � 11s the
be present and allow inspection by the Housin
building located at g Inspector of the
in Iowa City, Iowa, on the
19 , commencing at day of
not less than 72 hours fromcthek —M'' whic '
said date and date and time is
Present evidence torthistCourtap ear Prior to
tion should not be held.
y such inspec-
Iowa Magistrate In and For Johnson County,
D. Procedure.
Any Housing Inspector
shall proceed as follows: receiving an Order to Allow Inspection
1. At least 72 hours before inspection the Housing Inspector
shall deriver a copy of the Order to Allow Inspection to.any
-24-
0
0
if
uildin
no possessorsresideshinbthe dbuiresidinging
ldingthe HousingbInspectorrshall
post a copy of the Order at the main door of the building and
mail a copy of the Order to the last known possessor at his/her
last }mown mailing address.
2. The housing Inspector shall enter and conduct indicated
n inspection
of the described building on the date and at the time
in the Order if such can be done without force or violence.
3. P7ithin 48 Hours of the completion of the inspection,
the Housing Inspector shall return the order to Allow Inspection
to the Court and shall indicate any violations detected during
the inspection.
q. If entry cannot be had without force to the or the risk of
violence the Housing Inspector shall rep
ortAttorney who shall makeity
tion to the Court and request
that the possessor be found in contempt of Court and that
forced entry be ordered to allow an inspection.
-25-
DATE: btarcll 24, 1976
TO: `-"'b Powlin, Asst. City Attorney
FROM: _-'gela Ryan, 71w Clerk .
RE: The Constitutionality of it Three Year Amortization Period in a
`•funicipal Sign Ordinance
The United Status Supreme Court outlined the general limitations
on a city's exercise of the police power through a zoning ordinance
in Fuel id v. ian_bler Peal_ty Co;naany, 272 U.S. 365, 395 (1962):
"It. must be said ilefore the ordinance can be declared unconstitu-
tional, that such provisions are clearly arbitrary and unreasonable
raving no substantial relation to the public health, safety, morals,
or general welfare." If a city's exercise of the police power
itrovgh a sign ordinance cx.ceuds this, limitation it will be deemed
::n unconstitutional taking of. private property in violation of the
due process clause of the Fourteenth Amendment' to the United States
to determine where a regula-
Constitution. There is no set formula
tion ends and taking begins. Goldblatt_v. Fiemostead, 369 U.S. 590,
594 (1962). It is determined by a :standard of reasonableness: The
court balances the iinport.,nce of t_hc public gains against the extent
of private lens. in addi-::ion, a sign ordinance must be reasonably
definite in the term`: used; it must not dcleyate legislative lower
to admi-nistrative officials; and it must set specific standards to
guide their actions. 'rhe classifications must have some rational
basis, and the restrictions must be un!formcd t:hroughont each
district. ;.unicjpal Corporations: Sign Control
739rough Municipal
Ordinances, 2"7 Okla. L.R. 735 (1974), p.
i
sign Ordinances ba:;_d_on-Aesthetics
Farl}' ing bi I111 -ams were upheld as valid
e>:erci:.^.s of the ir,lice f•o'^"'r becrn:se billboards were likely to be
blown ,oer, were cl,17rring grounds for wast.o, concealed criminals,
,.-.redohr.tructed light_ and air. Tor.,ty the same facts are not present
to justify sign regulation t:_sed on common law nuisance. Cons ecru ently,
it is lc•com i.;�g mo:c appy :-est that aciah,tics is the basis for sign
control ordic.-,ices.
only a fow juri::di ct ions rucognize aesthetics alone as a valid
basis for c---rcising state police power. Florida, Flawaii, Kentucky}
Flew York and Oregon fallwithin this category. Courts tend to uphold
aesthetic ro•,lulaiiun more readily where the ordinance is designed to
preserve an area of natural beauty or one of historic or architectural
significance. FPoharinan v. City or San Diego, 106 Cal. Rptr. 333
(1.973). Others mix Besthetics with general welfare in the ecov:mie
sense - for example, prot.ecti.on of property values. Leighty,
',esthetics as a Lcga1 F:zsis for F.nviron:nental Control, 17 Wayne
L.R.
1347 (1971). Fiowover, nmst court_- consider aesthotics as only a
factor to h;, cot::ci,i„red. if the aesthetic objectives are secondary,
-"any court:: have_ y. nduail y adopted the view that regula-
tions which tended to perforin some of the traditional health or safety
functions of the police rxwer would not be invalidated merely because
it also :served an aesthetic purpose- P:aeeel.e Outdoor Advc_tisinq v.
Vi.l lags nf_N,i n_netonY.a_, 162 N-w.2d 206 (19(,8); Stoner 1.cCray v. City of
Des ttoin,s, 78 N.W.2d 843 (19`.;6). -------
The .ipproach of t:he New fork Court of Appeals in Cromwell v- Ferrier,
225 N.E-'ld 749 (1967).has been cited with approval. Tn upholding t -he
sign or?finance lased Primarily on aesthetic considerations, the court
stated that the exercise of the police power should not extend to every
artistic confox-mity ornonconformity. Aesthetic considerations must
be subsir,nti.aLly related to the economic, social and cultural patterns
of a cern, :unity. 'rhe eye is entitled 1:0 as 1111)(71) recognition as the other
sen ;rs but the often::e must: be substantial and have a material effect
on the c,:ianun i. t.y. Td. p. 735
The court al!;o slated that circumstances, surroundine conditions, and
social attitudes do not alter the constitution, but they do alter a view
of what is reasonable. Restrictions upon the use of property, which
were deemed unreason:+bie in 1.909 ere regarded today as entirely reasonable
and natural. M. p_. 756 .
Rc_9111ating the ON -Premises Sign.
An ofr-I,re;ni!;es sign advertises nc,cxds or services not offered for
sale on the :;,ime prcmisr-s as the sign. The most colmnon oxamplc is the
bit lboard. The most: ce::enon e:;.,mnle of the on -premises sign is the -
business identification sign. The distinction between these two types
of signs has long been recogni:.ed and their separate Classification
and regulation in a comprehensive sign ordinance is justified. United
Advortisinq Corl,nration v. Borouugii o_Raritan, 93 A.2d 362, 370 (1957).
Ordinance: which merely'reaulat.e off -premises signs or which prohibit
them from some but not all districts of a city generally have been held
valid - in Schloss_v_. Jamieson, 136 S.E.2d 691 (1964), the court upheld
an c,rdinance which prohibited billboards but permitted on -premises signs
in :.ire d�,wntown district. pff prumi::.es signs may be excluded from
resident i.rl di::i rids 1,•;i1)::.� L" tlxeir effect on the welfare of resic?ent:s
and th(2ir d. ll-c-intion of l:,,op,,ty C:rant v 1; ver and City Council
-- -
of Atl int-.ic 2d i63, 311 (7.957); t i cele 01 door Adv-) tiling
ny V. V; 11 nce o,_ , i 1,111•• onl:a su_•ra. _ _—__
Tf an ordir:ance I:-ohibits all of,-prc;mises .igr.s within a municipality
Or ':ubsir:ntial .;.::e, it is lii;oly to be ,`ound unrcason::bl.e and invalid.
_No_rate_Coro_ Tnc. V. 7.oni.ng Bciard Of f Adjustment, 207 Atlantic 2d 890
(1965). iiow:v,!r, a city-wide I -an on off-premi.scs signs has been allotted
in communities which ire s:rnall. and predominately residential. Cromwell
V._i'errier, :alpr n. The regulal ion of size, height, spacing, and set Flet:
of off-hrc mi ries f�igns .is wit -hill the 1-D1ice power of a city. Sun Oil CO,
teeny v, -.,Cit)' n.
h:rrdison iie.ighte;, 1.99 N.W. 2d 525 (1972)
..y
tions which tended to perforin some of the traditional health or safety
functions of the police rxwer would not be invalidated merely because
it also :served an aesthetic purpose- P:aeeel.e Outdoor Advc_tisinq v.
Vi.l lags nf_N,i n_netonY.a_, 162 N-w.2d 206 (19(,8); Stoner 1.cCray v. City of
Des ttoin,s, 78 N.W.2d 843 (19`.;6). -------
The .ipproach of t:he New fork Court of Appeals in Cromwell v- Ferrier,
225 N.E-'ld 749 (1967).has been cited with approval. Tn upholding t -he
sign or?finance lased Primarily on aesthetic considerations, the court
stated that the exercise of the police power should not extend to every
artistic confox-mity ornonconformity. Aesthetic considerations must
be subsir,nti.aLly related to the economic, social and cultural patterns
of a cern, :unity. 'rhe eye is entitled 1:0 as 1111)(71) recognition as the other
sen ;rs but the often::e must: be substantial and have a material effect
on the c,:ianun i. t.y. Td. p. 735
The court al!;o slated that circumstances, surroundine conditions, and
social attitudes do not alter the constitution, but they do alter a view
of what is reasonable. Restrictions upon the use of property, which
were deemed unreason:+bie in 1.909 ere regarded today as entirely reasonable
and natural. M. p_. 756 .
Rc_9111ating the ON -Premises Sign.
An ofr-I,re;ni!;es sign advertises nc,cxds or services not offered for
sale on the :;,ime prcmisr-s as the sign. The most colmnon oxamplc is the
bit lboard. The most: ce::enon e:;.,mnle of the on -premises sign is the -
business identification sign. The distinction between these two types
of signs has long been recogni:.ed and their separate Classification
and regulation in a comprehensive sign ordinance is justified. United
Advortisinq Corl,nration v. Borouugii o_Raritan, 93 A.2d 362, 370 (1957).
Ordinance: which merely'reaulat.e off -premises signs or which prohibit
them from some but not all districts of a city generally have been held
valid - in Schloss_v_. Jamieson, 136 S.E.2d 691 (1964), the court upheld
an c,rdinance which prohibited billboards but permitted on -premises signs
in :.ire d�,wntown district. pff prumi::.es signs may be excluded from
resident i.rl di::i rids 1,•;i1)::.� L" tlxeir effect on the welfare of resic?ent:s
and th(2ir d. ll-c-intion of l:,,op,,ty C:rant v 1; ver and City Council
-- -
of Atl int-.ic 2d i63, 311 (7.957); t i cele 01 door Adv-) tiling
ny V. V; 11 nce o,_ , i 1,111•• onl:a su_•ra. _ _—__
Tf an ordir:ance I:-ohibits all of,-prc;mises .igr.s within a municipality
Or ':ubsir:ntial .;.::e, it is lii;oly to be ,`ound unrcason::bl.e and invalid.
_No_rate_Coro_ Tnc. V. 7.oni.ng Bciard Of f Adjustment, 207 Atlantic 2d 890
(1965). iiow:v,!r, a city-wide I -an on off-premi.scs signs has been allotted
in communities which ire s:rnall. and predominately residential. Cromwell
V._i'errier, :alpr n. The regulal ion of size, height, spacing, and set Flet:
of off-hrc mi ries f�igns .is wit -hill the 1-D1ice power of a city. Sun Oil CO,
teeny v, -.,Cit)' n.
h:rrdison iie.ighte;, 1.99 N.W. 2d 525 (1972)
orney ']-
:.arch
Bob Roel in, T?: -'-t. City - Att'.,•
Nonconfonni.ng Signs
es
Sr9rile a sign ordinance may b(' effective
sten tin controlling
beenethepelimin-
of signs erected in the future, �-. P= the enactment of the
ation of c•zisting signs rnacle non is naming by
ordinance. A nonconforming use is one that exist -ed bad and was ]awful
when the rest-ricLion h(,came effecSa ervi.sorsrv, illeont_170eN_W 2d
exist since that time. L_ca_r_d_ofp
l rule is that "a zoning or
358, 361 (1969)_ The generadinance is
invalid and unreasonable where it attempts to exclude and prohibit
existing incl established uses or businesses that are n9nonconforming
not nuisances".
NC11illan, 'tun. Corp. 1965 Rev. Vol" see. 25.1.81, P -
•;here are various ways a municipality can eliminate
It Cac>:ercise i' -s yDwer- of eminent- domain to condemn the signs.
uses, n
ensation to the sign own
Since this would require payment of: compto
has been viewed as financially impossible. A municipality can p
or limit renairs, but it will take too long to phase the signs out. It
er
can prohibit rc`=�rmpsince a nonconforming userming shastan artif-icialfmonolroly,
don:�,ent, iiowever,
it is unli}:ely that it will be abandoned. constitute inuntute,arcommon exercise
law
its police power to eliminatC `;ig
nuisance. This would apply to very few signs -
Finally, it 11:es b(len rca ?c`r'ablY determined that the only effective
of
method o` el imi nati.ny nonconfo:mi.ng uses is to rrv_uire rwhichlthe o'.raer------"
the of F0113 structure after a specified period during
inv•,stnent. Ci of l.os Angeles v. Gage,
is allowed to amorti;;e his --
=--
274 P.2d 31, 41 (1954)-
The fun:la;:�.ental constitutional insve is whether requiring signs to
cor.•pl}' with an ordinance within a specified period constitutes a taking
co property tin ordiliout just compensation within the meaning of �hrcI-ivcnth
ec
:•r�••n:iment. The resolution of
this issue often reflects the pe p vali-
from which L)re arrort.ization
provision is viewed. Judges who have in
da'ete
d .::n,rtizat.ion 1.rovisions view it from an eminent darain persp('ctive.
ts
Ti,,,y ho3:3 L1:aC:;•r rnowi:Tr',u tonci.-'(•i rvtion and' tLat•' plop( tyJriohtsav "at
proDrr`y is L�- - r , rt has ceurmenccd. Conscquentl.y,
al.=elutrly (,rice the use o, lu^_ 1�tcpc y
a use i..wfu7. at the Lime a zoning uT fli once is enacted is immune from
at: _xerci.se of the _`olive 1•:;
-wer.. 7.ny t�:'r.iciy or ,-.mor tization of vested
} rinht_s except in cal.es of nui.:;ance requires an exercise of
prop`e1t}. ( hent of just compensation. ain er,
fire pew^r of eminent ciema in r,nd pz =' 389 S,1q.2d 745 (1965) . —_--
s•.rora (dissent); lioffm,inn v. Ki.nealy,
•v:e are in (ianyer of forgetting that a strong public desire re improve
;'IC p;'hlic condition is riot •- enough to warrant Paying rorr'the change." by a
_.1,orter cut I -in fire constitutional way of p -y.. 9
,.,r, Jcstice Holmes in Penn_ylvania Coal Company v. 1•;ahon, 260 U.S. 393,
43 S.Ct.. 158 (1922). ---
r •
•
March 24,
Pror-3nents view .amortizat.ion from the police power perspective.
Zoning .is an rxercise of Police power delegated by the state to
Muni ci-pa IitiPs. In the enactment of such ordinances a municipality
exercises vested legislative I-,owers attended by a strong presumption
of validity. The burden to 1.,rove that the ordinance is unreasonable,
arbitrary, capricious or discriminatory is upon the one asserting the
invalidity. The court will not substitute its judgment for that of
the municipality if it is acting reasonably within the scope of its
authori::-,d 1o1 ice power_ Board of Supervisors v. Miller, supra, p. 360.
Property rights do not v c:t absolutely. Rather, it is recogni::ed
that all coning .impairs existing property rights to same extent by
restricting prosr,ective uses of property already owned. Villaae of
Euclid _v. Ambler P.e_a_l_ty, supra (upholding a zoning restriction that
rc,iuced tine value of a vacant lot from $10,000 to $2,500 per acre).
Al::o, uses of property are r.e?tricted by provisions in zoning ordinances
which prohibit altering, expanding or repairing a nc,neon forming use.
Therefore, the distinction between an ordinance restricting future uses
and one reoui.rir,-: the termination of present uses w"thin a reasonable
period
of time seen as merely one of degree. Thc.. police power
analysis used i.r. Vi]lage of Euclid to validate prosi:ective zoning is
used to -.alidate reLcrospective zoning, The Supreme Court in Pennsyl-
vani_a_Coal cla racteri.zed the difference between a valid exercise of
police 1,nuer and an invalid 1.:Aing without just compensation as one
of degree. i'crcnsvlv,rnia C_oa1, supra, p. 413 - 416. To determine if a
re,incn
latinn o1•titutes a ta>;iug, courts balance the private loss against
the public 1>ene"it. In balancing ccnrrts seem to consider independently
the magnitude of the private loss. "Vhen it (the extent of the diminu-
tion in property values) reaches a certain magnitude, in most if not
all cases there must be an exercise of erninent domain and compensation to
sura-ain the act." Pennsylvania Coal, supra, p:. w413; Courts will not
sustain c,rdir,ances which require noncomfoz;rri.ng uses to terminate inTe-
diately, even though the public gain outweighs the private loss.
Stoner !;,,Cray Sys -.Lem v. City of Des Moines, supra. However, National
7uivort:is`ng Cr,:;,pany v_County of Monterrey, 464 Pa.2d 33,E 83 Cal. Rn`r.
577 (1910), imlolied that r.iyn:: which are depreciated fully for federal
at the ti;oe the c,rdir.ar,ce .is enacted can be required to
Uearalhy they require a reasonable amortization
period "n mi.ticrrt.e :he r,ri.vatr loss. This approach may be unsatis-
factory if a ]-rue invest -hent would require too long an cunorti,-.ation
pericv3. clan -es in municipal sign ordinances, hcwever, are
not. in-:nlidatc-d by focus:i.ng on the ;n:,gnitucie of t -he private loss standing
by itself because i.nve:a;nent.s in signs rarely exceed $1.0,000, signs
are ricnmilly rc;:,ovable, and arort.iz,ttion periods in sign cc,3es rarely
exceed "c•n veers. Amortizatic,nc a Constitutional Means to Eliminate
t:oi,confo:ming t,rnicipal Signs, 54 Oregon L.R. 224, p. 230 (1975) .
in 1,,ceriaining the extent of public benefit, the court will deter-
mine ,.he Sign's aesticetic cpral.ity and compatibility with its surroundings,
its effect on 1 raff.ic :'.afctY
property values, the local tourist industry,
tho g_;,e•al ecrr.omy, and the :significance of uniformity. Central Adver-
------- ----
ti:.inq rtyrr,.:env v_ City of Arin A_r_:,or, 201 11.1-7.2d 365, 369 (1972); t:neg_ele_
Gu:.i. ,,,r :Av• r t i,in,I '• •�:a ,:ray v. 'Jill-.vc of ISinm•I,u,}:n, r:rr nra, p. 2.12.
Bob Dowlin, A.:t
•
City Attorney
-5-
March 24, 1976
4'
In deter.ming private loss, the court will consider the amount
of the owner's original investment; the sign's present market value;
the sign's salvage value if thr: ordinance precludes any further use
of Lhe sign; the expense .i.nvolv,d and the loss of revenue that can
be .rLLributed to moving the rign or modifying it to conform to the
ordinance; and any increosed income received by virtue of the arti.fi-
cal mDncgD1y crr,!ted for the sign during the amortization period.
Art _ikon Com,,Itiy v. City and County of Denver, (10th Cir.) 488 F.2d
118 (1973) Cily of I.os_Angel c: v. Glue, supra.
In Grant v. Mavor and City Council supra, the court held valid a
five year amortisation period for billboards in reside, -,tial districts.
The factors con•;iilered by the court in the balancing t -est were the
depieciat.i.on of property value: caused by the nonconforming signs,
the ex Lent of increa:;rd comfort and welfare of the residents to be
gained by removal, the length of the depreciation period for tax
purposes used by Lhe sign comp+ny, the length of the sign company's
lcat;es, Lire percent -ace of bi..11�oards owned by the company that would
be reouin.d to be. remov,•d, and the ability to move the billboards to
oLhor locations. The court alio evaluated the loss to property owners
wino had based land to the sign company, considering the loss of rental
involved and the availability of the land for other Lases.
The ::ample fixed a:nort.i:Iat ion sclrr•dul.e is likely Lo lie most
suc, es_;fnl. Tn Art ih•on Comp„ny v. Ci t and County of Denver, supra,
the provi-;ion for differing periods of amortization for signs having ---- different replacement costs measured at Lhe nate they Lecame nonconform-
ing was invalid as having no L,aring on the landowner's problen, nor
the cign owner's s.itu,rtion nor on t:he City's position. The court held
valid the straight five year a;onrtiz.,t ion linit for all signs after the
varying -:lie l imits w�-re rt.mov:•d. It also upheld an amortization provi-
sion with regard Lo fla,;lring, !,linking, fluctuating, animated or lrorta-
ble signs which renuired the L,rminat.ion of these aspects, of the sign
within thirty days.
,:,mor t .at ion clan,;ns permit sign o.ners to retain t.he.i.r signs for
specified perio^a. _rol.onents of amortization allege that the property
own -r recovers his i.nvest.mmrt during this period. Critics contend
that amort i. at -.ion perirads do not result in conpensa"ion because Lhey
only con!inue for a time righte. that sign owners already had and would
have ret„ined irr,iefinitel.y in the abr•ence of the ordinance. The
recovery .rllnw,•d under Federal tax l;:w may be less than potential profit
from the sign if the .:;uorti>ration period is shorter bran the useful
life of the sign.
7snort;za t:inn in Iowa.
sat ion
has morn
cent; i flared t•wi ee by
the
Towa Supreme Court.
In McCray
Syst,an v._
City,of D,•s Moines,
78
N.W.2d 843 (.1956),
tht- -r.... t held:.;
unr, .c.onahl
e a two vear amort
i>:at
ion p.n-iod for hi 11-
l -
;L
;L ru,t_,•d
a t -rend
toward zoning for aesthetic
purroses and
Bob Sowlin, st, City Attorney -6- �,- 1-larch 24, 1976
stated that it could be an auxiliary consideration where the zoning
regulation has a real or reasonable relation to the safety, health,
morals or general welfare of the connnuni.ty. However, it is necessity
alone which justifies the exercise of tete f>olice power to take private
property wit trout compensation_ Td. P. 0,18.
1:o:at significantly the court cited City of I.os Angeles V. Gage,
supra, which upheld the discontinuance of a nonconforming use, a plumb-
ing business in a residential district, within a five year period: "We
do not wish to infer herein that under certain circumstances a munici-
pality could not provide for the termination of nonconforming uses,
especially if the period of amortization of the investment was just and
reasonrnble, and the present use was a source of danger to the public
health, morals, safety or general welfare of those who have come to be
occupants of the surrounding territory."
However, its holding was based upon traditional uninent domain analy-
sis. Since the signs were not a nuisance per so and plaintiff had a
vested interest or property right, they could not be interfered with or
token without just compensation. In so far as the ordinance attempted
to pzohi.bit or deny the use or maintenance of existing legally estab-
lished structures, it was held invalid. - -
The clecinion in Hoard of Supervisors V. Mi_l_ler_, supra, r.uggcsts a
trend .!way from the unanimous Stoner opinion. .Since the court in miller
.:as ecaally divided, the lover court decision allowing amortization was
upheld, but it cannot be relied u;>on as precedent. Iowa Code 684.10
provides: "Y)itcn the court is equally divided in opinion, the judgment
of the court: below :;hall :.land affirmed, but the decision is of no
further force or outhorit:y, but in such cases opinions may be filed."
The majority relied heavily upon Gage to uphold by operation of law
a five year amortization perir.A for in automobile wrecking establishment.
In balancing public good against private loss, it described junked
automobiles as a health and safety hazard. It hold that defendant had
made no showing relative to his b•.csiness investment, the value of any
improvement!. on the land, the ^extent of hardship if ,any in complying
with the dirputed ordin,tice. The amount of defendant's investment
though not ,ecr^sari.ly cii-fermi:.ative is one clement to be considered
acain:..t public hralt-h, rafety, morals or welfare. 7d. p. 364. The
dissent rc:)-ated tare rc.�:!,c•niug of Stoner McCraY. Vested rights in
property were being takr-n from tli^ owner without compensation. No
effort had had been m.-,de to enjoin the business as a common law nuisance.
;amortization was v.icwed an unconstitutional taking which was vali-
dated by lr a.lnning the tni;iny and by not taking too much. Id. p. 367.
1.7ith thu growing t.ri,ud toward accept:a rice_ of amortization throughout
thee cc•untry and its acc.i.t ::nee_ by four Justices in Miller., it is possible
that a municipal sign orrlir.ance with a reasonable amortization period
might be upheld in lova.
® ORDINANCE NO. 76-2795 •
AN ORDINANCE AMENDINGl.ONINC ORDINANCE 2238 BY CRANCLNG THE IISI: Rh:CUUI'I'IliN;;
OF CERTAIN PROPERTY FROM %�I 70 �►�
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, lCWA:
Section 1. The property described below is hereby reclassified from
its present classification of R1A
of R1B and the boundaries
of the Cityof Iowa Cit as indicated upon the Zoning Map
City, Iowa, shall be enlarged to include the follow-
ing Prenerty to -wit:
Commencing as a point of reference at the Northeast corner of the Northwest
quarter of Section 23, Township 79 North, Range 6 hest of the Fifth Principal
Meridian, Iowa City, Johnson County, Iowa;
thence South 10 39' 10" East 375.40 feet to a point of intersection
with centerline Station 222+12.6 of U.S. highway fib Bypass;
thence South 00 O1' 03" East 150.00 feet to a point;
thence North 890 27' 44" East 50.00 feet to a point of intersection with
the Easterly right-of-way line of Sycamore Street, said point being
150.00 feet normally distant from the centerline'of said U.S. Highway N6
Bypass;
thence South 00 Ol' 03" East 403.07 feet along the Easterly right-of-way
line of said Sycamore Street to a point;
thence South 890 58' 57" West 15.00 feet along said Easterly right-of-
way line of Sycamore Street to a point;
thence South 00 Ol' 03" East 246.93 feet along said Easterly right-of-
way line of Sycamore street to a point;
thence North 890 58' 57" East 200.00 feet to a point;
thence South 00 Ol' 03" East 200.00 feet to point of beginning of
herein described; tract
thence South 890 58' 57" West 200.00 feet to a point of intersection
with said Easterly right-of-way line of Sycamore Street;
thence South 00 Ol' 03" East 395.14 feet along said Easterly right-
of-way line of Sycamore Street to a point of intersection with the Northerly
line of Mount Prospect Addition Part 2;
thence North 880 57' 05" East 26.08 feet along said Northerly line
of Mount Prospect Addition Part 2 to a point;
thence Northeasterly 65.80 feet along a 580 foot radius curve concaye
northerly, said line being the Northerly line of said Mount Prospect
Addition Part 2 to a point;
thence North 820 27' 05" East 305,41 feet along the Northerly line of
said Mount Prospect Addition Part 2 to a point;
thence Northeasterly 162.07 feet along a 1,420 foot radius curve concave
Southeasterly, said line being the Northerly line of said Mount Prospect
Addition Par_ 2 to a point;
thence North 880 59' 27" East 722.93 feet along said Northerly line
Of Mount Prospect Addition Part 2 to a point of intersection with
the Westerly line of Fair Meadows Addition;
thence North 00 Ol' 08" East 982.43 feet along said Westerly line
of Fair Meadows Addition to a point of intersection with the Southerly
right-of-way line of said U.S. Highway k6 Bypass;
thence Northwesterly 40.00 feet along a 2,715 foot radius curve concave
Southwesterly, said line being the Southerly right-of-way line of said
U.S. Highway N6 Bypass to a point;
Ordinance No. 76_2
Page 2 -- _�
thence South 24° -' `-'
28' 04" Nest 150.00 feet to a
- Point; .. .. -------
thence North $20 $1' 00" Nest $0.00 feet to a point;
thence South 11'� 51' 23" Nest 128.00 feet to a point;
thence South 88° 59' 27" Nest 125.00 feet to a point;
thence South 00 Ol' 08" Nest 480.00 feet toa point;
thence South 880 59' 27" Nest 263.00 feet to a
hence South 870 Point;
7 55' 20"Nest 268.00 feet to a point;
thence South 840 25' 10" Nest 135.00 feet to a point;
thence North 590 58' 00" Nest 135.00 feet to point of beginning;
and containing 12.9 acres more or less.
- (Mt. Prospect III, requested -by Frantz Construction Co.)
Section 2. The building inspector Tsehereby authorized and directed
to change the Zoning Map of the City of Iowa City, Iowa
this amendment upon the final passage, a
Ordinance as . to conform to
provided by law. approval and publication of this
Section 3. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance to the County Recorder of Johnson
County, Iowa, upon final passage, as
by law. approval and Publication
-provided
It was moved by Foster and secoed
the Ordinance be adopted a— nd upon roll callnthereythat
w �era
r
Balmer AYES: NAYS: ABSENT:
deProsse --a-_
Foster x
-._..-
Ne -1, x
auser —
Perret x
Selzer x -
Vevera x
x
Passed and approved this 11th'
day of
May :' 1976' -
MAYOR ,
ATTEST: CITY CLEF
First Consideration 5/4/76
Vote for Passage.
Aye: Perret, Selzer, Vevera, Balmer,
Neuhauser deProsse, Foster,
Nay: none
Absent: none
9ectrrn=Eo���on
Vo-te-for-jaassage: b— Itwas that mo e moved' by
Foster and seconded
Ordi-
nance to be considered requiring the a
passage at two Council and votes on for
meeting at which it to be finally to the
be suspended is second
be finally passed
vote be and the second consideration and
waived, and that the ordinance be voted
Roll call:upon for final passage'at this time.
deProsse. Aye'' foster, Neuhauser
Nays: Perret. Motion adopted,
6 Vevera, Balmer,
P 6/1.
Date of publication:
• RESOLUTION NO. 76-134 •
RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT
DEMOLITION
hE�V NCE PROJ. N5
WHEREAS, the City of laws City has awarded a contract to
Bob Madeet Inc St Josenh Mo
said contract entered into on October 28, 1975 , and,
WHEREAS, it is deemed that certain changes in the plana and
specifications are necessary due to construction changes.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the contract dated Oct. 2S. 1975 entered into by
the City of Iowa City and Bob Dladget Inc
for the construction of Demolition F, Site Clearance Prol. HS
City -University Project R_14 be amended
as follows: Change Order 01
to extend the completion date from Diarch 27, 1976 to May 10, 1976.
The Contractor was delayed awaiting a final City decision on
the College Block Building and one Urban Renewal house.
These items will not be resolved in the foreseeable future and the
contractor has been instructed to complete the contract.
2. That the Mayor and City Clerk are hereby authorized and directed
to execute an amendment to said contract incorporating the above amendments.
It was moved by Balmer and seconded by Vevera that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
X
deProsse
X
Foster
X
Neuhauser
X
Perret
X
Selzer
X
Vevera
Passed and approved thiellth day of May 1976
/ L t
ATTEST:
Cit Clerk-
Y
Bob Madget, Inc. March 29, 1976 (7L,
2425 South 6th Street
St. Joseph, Missouri 64503 City-Uni ..rsity Project
Iowa R-14
Iowa City, Iowa
CHANGE ORDER NUMBER ONE
Gentlemen:
In connection with Contract No, 5, dated October 28, 1975, for Demolition and
Site Clearance, Project No. Iowa R-14, Iowa City, Iowa.
1. The completion of the work has been delayed by reason of circumstances
beyond control of the Contractor.
2, The Local Public Agency has duly determined that:
a. the delay was due to unforeseeable causes beyond your control and
without your fault or negligence;
b, notice of the cause of the delay was given within the time and
in the manner prescribed by the contract; and
C. the causes of delay justify and require an extension of the time
as herein provided as a matter of legal right without the asser-
tion of a claim by the owner for liquidated damages because of the
contractor's failure to complete the work within the number of days
specified by the contract.
Subject to conditions hereinafter set forth, an equitable adjustment of the
contract time is established, as follows:
The Completion Date is Extended from March 27, 1976 to May 10, 1976
The conditions last stove referred to are as follows:
A. The aforementioned adjustment of contract time is subject to all
contract stipulations and covenants; .
B. The rights of the Local Public Agency are not prejudiced; and
C. All claims against the Local Public Agency which are incidental to
or as a consequence of the aforementioned delay are satisfied.
ATTEST: CITY OF IOWA CITY
I: I 1,,��. .�QiL'llt.t,ZA
Abbic SLOIFUS �� Mary Nauh ser
Title City Clerk Title Mayor
APPROVED:
Date
ACCEPTED:
Bob Mai?:et, Inc.
Richard Plastino, Director y - Contracto _
Department of Public Works By=c�------•-- Title Robert E. Madget, Pre5id-%._
Date 41 - 9- 7 ! ^�-.—
SHIVE-HATTERY & ASSOCIATES
AGREE,MENTS/CONTRACTS
Attached are unexecuted co
-. pies of
ss signed by the Mayor.
After their execution by the second ar-t
P y, please route
3)
S�
�)
is to be responsible for
completion of this procedure.
Abbie Stolfus
City Clerk
I
•
Ll
0
0 0
RESOLUTION NO. 76-135
A RESOLUTION ESTABLISHING A FEE FOR CERTAIN SERVICES
PERFORMED BY THE FIRE DEPARTMENT.
pay
WHEREAS, the City of Iowa City Fire Department provides certain services
other than those duties required by State and Municipal law, and
WHEREAS, the Fire Chief has recommended the following charges and fees as
detailed herein:
Copies of Fire Reports.............••....51.00 for first copy,
25C for each additional
copy plus postage.
WHEREAS, the City Council of the City of Iowa City, is desirous of establishing
a fee for said services.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
the attached schedule of services and fees be adopted by the City of Iowa City.
It was moved by Balmer and seconded by Perret
that the Resolution as read be adopted, and upon roll call there were:
AYES, NAYS: ABSENT:
x Balmer
x deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x Vevera
Passed and approved this 11th day of May ' 1976.
ATTEST:
City Clerk
Mayor
1197
FROM:
RE:
sty 01? Iowan CRY 0
MEMORANDUM
DATE: May 11, 1976h
Linda Schreiber, Administrative Assistant 7�
Marianne Milkman, Technical Assistant
Finkbine Commuter Bicycle Trail Changes
The University has decided not to apply for funds to
construct a bicycle trail on the service road linking
the main bicycle trail with Rocky Shore Drive. The
reason for this is that Lower Finkbine Golf Course is
being rehabilitated and the lower end of the service road will
be improved and used for parking. The service road is usable
for bicyclists in its present state and the University
envisages improving it for bicycle use in the future. They
do not want to be tied to a specific 8 -foot trail at this
time, which is entirely understandable.
The entire local share for the bicycle trail ($13,300) is
now pledged.
Dick Gibson may come to the Council meeting later tonight
if he gets back from Des Moines in time.
NN: sc
0 •
RESOLUTION NO.
RESOLUTION AUTHORIZING THE UNIVERSITY OF IOIVA TO
CONSTRUCT THE FINIBINE CODAUIER BICYCLE TRAIL
MITI FEDERAL FUNDS AND PROTECT GREEN FUNDS ALLOCATED
TO ITIE CITY OF IOIVA CITY FOR THIS PURPOSE.
MEREAS, the City of Iowa City is the coordinating agency for the application
and disbursement of federal and local funds for the Finkbine Bicycle
Trail, and
WHEREAS, the above stated trail will be constructed on property owned by the
University of Iowa, and
hTIEREAS, the University of Iowa has agreed to the letting of bids and contracts
for the facility, and
INIIEREAS, the University of Iowa has agreed to maintain and control the facility
for public use, a copy of which agreement is attached to the resolution
as "Exhibit A" and by this reference made a part hereof,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ITIE CITY OF IOIVA CITY,
IOIVA, THAT:
I. The Council of the City of Iowa City agrees to pay the University
of Iowa for part of the construction costs of the Finkbine Bicycle
Trail project in the amount of $64,200 ($53,200 federal fiords,
$10,000 Project GREEN funds, $1,000 from City of Coralville) con-
tingent upon the City of Iowa City receiving these funds from the
above-mentioned agencies.
2. The City Manager is hereby authorized to sign the attached agreement.
It was moved by and seconded by
that the foregoing resolution e adopted, and upon roll call t ere were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Foster
Neuhauser
Perrot
Selzer
Vevera
Passed and approved this day of 1976.
Mayor
ATTEST:
Cityler
0 0
AGREEMENT
for
MAINTENANCE AND CONTROL
FINKBINE CO,%UIUTER BICYCLE TRAIL
WHEREAS, The City of Iowa City, Iowa, The University of Iowa, Iowa
City, Iowa, and The City of Coralville, Iowa, have agreed to cooperate
in the construction of a bike path to be known as the Finkbine Commuter
Bicycle Trail; and
WHEREAS, The City of Iowa City is the coordinating agency for the
application and disbursement of federal and local funds for the said
Finkbine Commuter Bicycle Trail; and
WHEREAS, the location of the said bicycle trail is generally along
the south edge of The University of Iowa Lower Finkbine Golf Course
between First Avenue on the west and the sidewalk at The University
of Iowa Recreation Building on the east; and
WHEREAS, the State of Iowa for the use and benefit of The University
of Iowa holds title to the property over which said bicycle trail is
to be constructed;
NOW, THEREFORE, The University of Iowa agrees to control and main-
tain said bicycle trail for public use.
TILE UNIVERSITY OF IOWA
By:
e
THE CITY OF IOWA CITY
By:
Title
T11E CITY OF CORALVILLE
By:
Title
Attest:
City Clerk
I
RESOLUTION NO. 76-136
RESOLUTION R1:COGNIZING TiiE
C(D1t1ITTEE ON CQ* UNITY NEEDS
tt7IEUAS, the City Council recognizes the need to obtain
information from individual groups and citizens of Iowa City to
help determine policy.
WHEREAS, channels for evaluation to determine the effective-
ness of policy, as it is carried out, should come from individual
groups and citizens of Iowa City.
WHEREAS, systematic communication systems are needed to
gather and disperse information between Iowa Citians and the local
governing policymakers.
NOW-111EREFORE, BE IT RESOL\RiD BY THE CITY COUNCIL OF IOWA
CITE', IOWA, that the Committee on Community Needs shall be recognized
as an ongoing committee appointed by the Council to provide systematic
communication interchange between the citizens of Iowa City and
governing policymakers, and
THEREFORE, the Committee on Community Needs shall be composed
of 3 diversified group of citizens representing various segments of
the City's population and especially those groups currently affected
by programs and policy. Members may be recommended by the Committee
for Council approval to maintain a membership of fifteen. Tern of
membership shall be two years, except on initial appointment of the
Committee, seven will be one year and eight will be two years, with
chairperson and co -chairperson selected at the Committee's first meeting
in July, and
TIiEREF01ui, the Committee on Community Needs will meet regular-
ly, at least once a month, to gather information from members, other
Iowa Citians, and staff members to coordinate human needs with program
solutions.
HENCEFOR'lli, the Committee on Community Needs will evaluate
and interpret the City's programs that effect human needs and community
development.
HENCEFOR111, the Committee on Community Needs will, provide a
systematic communication interchange between citizens and policymakers
with regard to all Housing and Community Development Act, Community
Development Block Grant applications and programs.
FIENCEFORTIi, the Coimnittee on Community Needs will facilitate
neighborhood meetings to identify needs of neighborhoods and otherwise
0 0
assist citizens in articulating their community needs
HENCEFORTH, the Committee on Community Needs will assist
citizens to develop programs, where possible, to meet community
needs.
It wras moved by Perret and seconded by
deProsse that the resolution as read e adopted, and
upon roll call there were:
AYES: MYS: ABSENT:
Balmer x
deProsse x
Foster _ x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed and approved this 11th day of May , 1976.
y Vim__ 1. • Nut uucc c�t.�Q
Mayor d
vrri sr: -
City clerk
k
09 90WO City(
Mt. EMORANDU N11
DAT': May 7, 1976
TO: City Council.
FROM: City Manager
R=: Material in Friday's Packet
Memorandums to the City Council from the City 1.lanager regarding:
a. Parking Lot in City Park U
b. Personnel 7�
c. DEQ Inspection of Landfill ; 3a
d. Des Dloines Register and Tribune Bicycle Ride 7 ,�3
e. Meeting r7 3 Y
f. Letter from Thomas R. Breese '75S'
g. Survey -7 3(e
Memorandum to City Manager from Director of Finance regarding newspaper 737
recycling program.
Memorandum to City Manager from. Director of Community Development regarding
sanitary sewer service in Dean Oakes First Addition. -733
Memorandum to City.Manager- from Director of Public Works. 7 3
Copy of letter to Mr. David Clark of Clark's Carpets from City Aiaanager regarding
problem with Building Inspection Division. 7 yQ
Invitation from officials of Washington County and City of Washington, Iona,
to a special open house ceremony for their new Public Safety Center. 711/
Iowa City Guide to parking lot landscaping. % 1%-�
Article, "Case of Lost Funds Stuns Iowa Town." '1113
tty of Iowa city*
MEM07�1�
@@¢j
i
DAT@, May 6, 1976
TO, City Council
FROM, City Muiagcr
RE, Parking Lot in City Park
1340
Several weeks ago the City Council authorized the creation of an additional
32 -car parking lot in City Park which was to be rock -surfaced. In preparation
for construction it became apparent that the Iowa City Zoning Ordinance
requires all parking spaces to be permanent and dust -free. While apparently
the City may not have always followed the Zoning Ordinance in the past, evi-
denced by other rock -surfaced lots in the Park, it does not appear to be a
good practice for the City to ignore the Zoning Ordinance.
In addition, because this is an HCDA project, an environmental assessment
must be undertaken. It does not appear that a favorable environmental assess-
ment statement could be prepared primarily because of the Zoning Ordinance pro-
vision.
Therefore, if the City Council wishes to proceed with the construction of the
parking lot in City Park, I believe it would be appropriate for the City
Council to adopt an amendment to the Zoning Ordinance which will exclude
park facilities from the specific requirements or provide for construction
of a different nature. If the City Council wishes to adopt such an amend-
ment or modify the original decision, the staff will prepare an appropriate
Presentation for your consideration in the near future.
TO:
FROMi
RE:
11ty of Iowa Cit 0
City Council
City NtznagerfVU
Personnel
DAT11 May 5, 1976
The procedures outlined in the attached memorandum will preclude the
occurrence of problems similar to those which developed in relationship
to the position of assistant finance director.
Actually the process meets three needs:
I. Provides revision, if necessary,of job descriptions at the
time of vacancy. if
job descriptions have been a
problem.
2. Establishes a procedure for determining the need for each
Position at the time a vacancy occurs.
3. Insures that recruitment, selection and placement procedures
are utilized which comply with all applicable policies and
laws.
DAYet April 7, 1976
TO= Department Heads
A� /
FROM, City Manager
REx position Vacancies
When non -civil service vacancies occur in a department, either because of
a new position or a vacancy, the following action should be taken.
1. Department head reviews with the appropriate division head the
current job description for that position.
2. Any changes in the job description are made with a copy of the
revised job description submitted to the Human Relations Department.
3. The Human Relations Department reviews the job description, revises
the job description if necessary, and submits the revised description
to the department head for approval.
4. The revised job description together with a memorandum to the
City
Manager requesting a position appointment and providing justification
is submitted by the department head.
S.
The
City Manager authorizes or denies
the request.
6.
The
Human Relations Department posts
the vacancy internally.
7. The Human Relations Department reviews all internal applicants
together with the department head and approves the procedure for
interview, assessment, and selection. In the event that a selection
is not made from internal applicants, Hunan Relations will notify all
employees who applied giving the reason for not being selected.
8. If there are not present employees qualified for the position, the
Human Relations Department will advertise the position publicly and
approve the interview and selection process for the final appointment.
9. Before any interviews are held, the responsible department head and/or
division head will submit to }finnan Relations Department for review
and approval a list of the subjects to be discussed in the interview,
preferably with a list of specific questions.
10. All interviews will be conducted with a member of the Human Relations
staff present. Notes will be maintained of the interview.
City of Iowa Cit
DATE, May 6, 1976
TOS City Council
FROM, City Manager { /�
RE: DEQ Inspection of Landfill
Enclosed is a letter which Mr. Plastino recently received from the Department
Of Environmental Quality as a result of an inspection of our landfill. While
we certainly can be doing a better job at the landfill and will make every
endeavor to meet the requirements of the Department of Environmental Quality,
it is obvious that the high standards required by the Department of Environ-
mental Quality cost money.
While the legislature continues to prevent the City from raising resources
to carry on City services, the departments of the State government, as
indicated in this letter, continue to coerce the City to spend more money
and hire more employees.
•
E
iowa dchartment of environmental quality
April 27, 1976
Mr. Richard Plastino
Director of Public Works
Civic Center
1„wa City, IA 52240
NE: Inspection 4/6/76
Permit No. 52 -SUP -1-72P
Dear Mr. Plastino:
RECEIVLO AP? 2 9 197J
nclosed is the report of the April. 6. 1976, inspection of the Town City
`unitary landfill conducted by Earl Voelker and Steven Hoambrecker of our
Vashington office.
:±L the time of this iu';portion, there were a number of deficiencies in the
"peration of this site including:
1) (xcc:sive working facie;
2) inadequate litter control;
3) inadequate daily cover;
4) inadequate (Irainage;
5) inadequate equipment;
6) inadequate in termediatu cover; and
7) no plans ;it the site.
six or Lhese deficiencies were noted during the July 22, 1975, inspection
including litter, daily cover, drainage, equipment and intermediate cover.
i'hc production of leachate is continuing and the litter problem is worsening.
1'he landfill's operation is increaningly deteriorating and I must have your
immediate help and couperation in correcting these deficiencies. The following
:tops must he taken to corrtrL the situation:
1) The working f:,ce must he reduced to its smallest practical size
and surrounded by appropriate harriers to insure that dumping
does n -L occur beyond the operating area; (27.i(5)"j"(3)I.A.C.).
2) Litter fencing must he set up around the working race (27.1.(5)"j"
(8) I.A.C.).
3) A1.1 litter on the :site and adjacent to it most he collected and
properly di5pcmed of; (27.1('.)"j"(4) I.A.C.).
-19,1li) .. ..;,It' �.,- PO P)X:1t/t, .%t -I ',;pc !
Mr. Richard Plasti.no
April 27, 1976
Page Two
4) Daily litter pickup must be initiated (27.1(5)"j"(4) I.A.C.)
5) Adequate dnily cover of at least six inches of compacted earth
must be applied over all solid waste (400-27.1(5)"j"(6) T.A.C.).
6) Drainage must be corrected to prevent ponding, and minimize
infiltration so as to minimize leachate production. (400-27.1(5)
"j"(9)I.A.C.).
7) Adequate intermediate cover of at least one foot of compacted
earth must be applied over all solid waste which will. not be
further covered within one week. (400-27.1.(5)"j"(21)I.A.C.)
8) Adequate intermediate cover of at ]cast two feet of compacted
earth must be applied over all. solid waste which will not be
further covered within two months. (400-27.1(5)"j"(22)I.A.C.)
9) Additional equipment must be obtained to adequately operate the
site. (400-27.1(5)"j"(l0)T.A.C.)
10) An additional set of plans must be kept at the site at all times.
Given the magnitude of the deficiencies, it appears that additional personnel
will. be necessary both for equipment operation and for litter control. These
personnel should be hired as soon as possible.
An inspection will be scheduled in thirty (30) days and 1 expect to sce cun-
r.iderable improvement in the landfill's operation. Otherwise, this Department
will have no choice but to take further enforcement action since non-compliance
cannot be overlooked. T trust that if you have any questions or nccd any
+u:sistance, you will contact me.
Sincerely,
LAND QUALITY MANAGEMENT DIVISION
L'. Z. Karachiwala
Chief of Surveillance and Compliance
1iXK: MI:kg
Enclosure
cc: DEQ Regional Office #6
Ted Anderson
Jake Roskup
91tv of 'Iowa City •
0. e
DATY, May 6, 1976
TO City Council
FROW City Manager tA/%
RE, Des Moines Register and Tribune Bicycle Ride
Attached is a memorandum from the Director of Parks and Recreation indicating
that the sponsors of the Des Moines Register and Tribune Annual Bicycle Ride
would like to use the City Park on Friday, August 6, as an overnight stop.
Neither the Director of Parks and Recreation nor the Manager can recommend
use of the Park for this purpose since the Park is not designed for overnight
use, and we certainly do not have adequate sanitary facilities for 3,000
people.
However, if the City Council believes that we should be gracious hosts and
make every effort to accommodate this event, the City Council should amend
the Code accordingly. This item will be scheduled for informal discussion
at an early date.
City of Iowa
77
DATES April 29, 1976
TOi Neal Berlin, City Manager
FROM: Dennis E. Showalter, Director of Parks 6 Recreation
RE: Annual Bicycle Ride Across Iowa
The annual bicycle ride across the state, sponsored by the
Des Moines Register and Tribune, would like to stop overnight
in City Park on Friday, August 6, 1976. They are expecting
3,000 riders and approximately 30 self-contained RV's. The
bicycle riders would, for the most part, sleep in small indi-
vidual tents.
The Chamber of Commerce would like for us to cooperate and
allow the participants to use City Park overnight. To do this,
the Council would need to suspend Code No. 3.34.3, Section 15,
which states that the park is closed from 10:30 p.m. to 6:00 a.m
for the night of August 6 and the morning of August 7. I assume
that if they suspend the curfew, then we could issue a special
permit to allow this use of the park.
Do you want this on the agenda for Tuesday, May 42
/ef
To: City Council, Chairpersons of Boards and Commissions
FROM: City ManageT,/1
RE: Meeting
The City Council has traditionally met in the spring with the chairpersons
of all boards and commissions. This meeting provides an opportunity to
review any problems the boards or commissions may have encountered during
the year and to focus on the events of the coming year. This meeting is
followed by dinner. A room has been reserved for this purpose at the
Highlander on May 20 at 4:00 P.M. A cash bar will be available before dinner.
Please contact Linda Schreiber if you have questions or if you have items
you wish included on the agenda for this meeting. Please indicate before
May 14 if you will be attending this meeting so that reservations can be
made.
ffel
FROM
REt
911ty of Iowa City •
City Council
City blanagerA)A-/
Letter from Thomas R. Bpeese
DAM May 6, 1976
Enclosed is a letter which Councilman Thomas Breese of University Heights .
wrote to our Director of Public Works concerning the rules regulating refuse
collection. The message provides further indication of the difficulty which
Iowa City is going to encounter in trying to provide a satisfactory resolution
of the service contract with University Heights.
A meeting was held with University Heights several weeks ago. It was agreed
that the University Heights City Council will prepare an alternative finan-
cing proposal for our consideration.
0
T,a orl.o R. Onc[ne
n o. nox n51
IOWw CITU, IOWA 6]2.D
IJ 191 337 2137
April 28, 1976
Mr. Richard J. plastino
Director of' Public Works
City of Iowa City
Civic Center
Iowa City, Iowa $2240
Good Morning, Dick:
0 �
RECEAPR 2 91976
As you know, I am a resident of University Heights.
This past Monday we received a copy of your "Rules
Governing Refuse Collection" with the paragraph on "Brush
and Yard Waste" circled. 'Phe leaving and circling of that
paragraph is apparently why your collection people did not
remove some items from our curb site.
I have researched the ordinances of the City of
University Heights and the service contract between the
City of University Heights and the City of Iowa City and
find nowhere contained in either documents is mention that
the citizens of University Heights must conform to the
ordinances of the City of Iowa City pertaining to solid waste
collection. In other words, the rules applying to residents
Of the City of Iowa City do not apply to the residents of
the City of University Heights.
I would appreciate your so informing the collection
people and having your secretary give me a call confirming
this understanding.
Sincerely yours,
Thomas R. Breese
Ja)
i
r ?975
INVITATION
The officials of Washington County and the City of
Washington, Iowa, cordially extend an invitation to you
and your department to a special Open House Ceremony for
our new Public Safety Center, on Friday, May 14, 1976.
The Open House will be held between the hours of
1:00 P.M. and 4:00 p.At.
We would ask that you extend this invitation to your
fellow Supervisors, Councilmen, Chiefs of police, Fire
Chiefs and/or Department Employees.
We hope you can be with us.
TO:
PROMs
RE:
Aty o4 Iowa City
City Council
City Manager 1A)
Survey
DAM May 5, 1976
Recently I indicated in my memo to you dated April 7 that telephone
interviews were being conducted by Melvin Jones and Connie Goeb to
gauge citizens' attitudes of Iowa City government.
Attached is a report prepared by Connie Goeb based on these telephone
interviews. I believe you will find her report interesting.
Attachment
011
INTRO_ D
Public officials are constantly faced with the problem of
providing the level of governmental services their constituents
need or desire. The represeritativesmay sample their mail,
hold neighborhood meetings or rely on election results as
indicators of "public choice." All of these means are imperfect;
it has been estimated that only 13% of the electorate have ever
been in contact with a public official concerning an issue
Of importance to them. In the 1972 presidential election,
only one-half of the eligible voters cast a ballot. The
voter turnout for state and local elections is much lower --
only one-fourth to one-third of the eligible voters went
to the polls in the most recent Iowa City City Council election.
Even if electoral participation was higher, few voters are issue
oriented, makin.- it difficult, if not impossible, to translate
election results into policy preferences.
One method in which a representative opinion may be obtained
is through the process of
Poll -taking. Public opinion polls
.have been used extensively on the national and state level, but
have not been used widely on the local level. One factor
contributing to its infrequent use in cities is the cost of
the poll -taking process --most cities cannot afford to contract
the services of a professional pollster.
In conjunction with my internship with the City of Iowa
City, I utilized the resources of the city and the university
to conduct a survey determining the level of citizen satisfaction
with city services.
0 •
The results of this survey, although not of the same
calibre of a Harris or Gallup poll, provide a fairly reliable
indication of the level of satisfaction expressed by a
cross -sample of Iowa City residents. I believe the results
will prove useful to the city council and city administrators
in making future policy decisions.
IETH0DO_LOGy
MY sample was selected from the Iowa City telephone
book& using a method labelled "selective sampling." Coralville
numbers and University Heights residents were not included in
the 450 numbers sampled. From the 450 numbers, I completed
354 questionnaires. The remaining 96 were either "no answer",
"disconnected"- or the potential respondents refused to answer
the questionnaire. All of the calls were made in the hours
between six and ten p.m., in the two week
Period between
April 1st to April 14th.
There were 36 questions included in the questionnaire, but
none of the respondents were asked the entire 36. The responses
to the first and second questions, "What is your primary/secondary
mea0s of transportation?", channelled the respondents into
four different categories--car drivers, bus riders, bicycles
riders and walkers. Respondents were only
which related to their asked those questions
primary and secondary means of trans-
portation.
The questionnaire covered the following topics: /
(1) transportation (2) refuse collection(including recycling)
(3) recreation (4) library (5) urban renewal (6) consolidation
(7) questions on confidence, participation and the council. .
The final four responses concerned the sex, age, student
status of the respondents and the number of years lived in
Iowa City.
1
TRANSPORTATION
The first set of questions concerned the primary/secondary
mode of transportation of the respondent and his/her satisfaction
with the city facilities related to that mode.
PRIMARY ODE
CAR
78.2%
0
e•4%
12
BIKE
4%
9/ALK
%
OTHER
.7%
®
2
The 354
respondents had
the
following characteristicsr
SEX
STUDENT STATUS
male
41%
female
59%
student 43%
non -student 56%
ACE
18-25
58-65
YEARS RESIDENCE
z6-33
z5%
4�
less than one
18%
over 6,5
7%
42-49
9%
%
6-5
i0%
over ten
30%
TRANSPORTATION
The first set of questions concerned the primary/secondary
mode of transportation of the respondent and his/her satisfaction
with the city facilities related to that mode.
PRIMARY ODE
CAR
78.2%
BUS
e•4%
12
BIKE
4%
9/ALK
%
OTHER
.7%
SECONDARY MODE
20.6%
29.8%
10.7%
27.6%
i1.4%
These figures indicate that eventhough the bus system in
Iowa City .is well developed.
the car continues to reign as
Iing as a primary mode of transportation.
The secondary
mode of transportation is more equally distributed among the
various modes, with the bus and walking rated first and second]
respectively.
By identifying both the primary and secondary modes, I
hoped to compare the satisfaction levels of the primary user
with the secondary users to determine if their use (or lack of
it) was related to their satisfaction with the services.
0 0
3
ARE THERE AN ADEQUATE NUMBER OF PARKING PLACES IN IOWA CITY?
(CAR USERS)
Drimary users
yes 52%
no 43%
no opinion 5%
IS THE COST OF PARKING.... (CAR USERS)
primary users
too high 33%
not enough 2%
about .ri.-ht 56%
no opinion 9%
secondary users
IS PARKING ENFORCEMENT ...... (CAR USERS)
Drimary users
too strict 31%
too lenient 5%
about right 42%
no opinion 22%
36%
57%
7%
secondary users
39%
0
5W-
11%
secondary users
30-
10%
48%
11%
The only significant difference in opinion occurred with
the question concerning the amount of parking spaced available.
This may indicate that the reason the secondary car users aren't
primary users is because they can't find.a place to park!
I used basically the same process with the bus riders.
HOW OFTEN DO YOU USE THE CITY BUS?
daily
weekly
monthly
other
primary users
67%
31%
2%
0
ARE TI:F. BUSES GENERALLY ON TIME?
primary users
yes
96%
no
2°I
no opinion
2%
secondary users
28%
38%
26%
8%
secondary users
96%
4%
0
®
• k
ARE THE DRIVERS G?NERALLY COURTEOUS?
rar
im96%
no
secondary
s
2%
9
no opinion 2�----_.�
2%
ARE THE ROUTES CONVENIENT?
primary -
yes 100%
seco_ ndary
no 0
93/ 3%
no opinion O
0
The buh system received an overwhelmingly postive response.
There was little difference in opinion between the primary
and secondary users; consequently an explanation of the
relatively limited bus use cannot be offered from these
results. The most significant differnce was in the convenience
question --7„ of the secondary users thought the routes inconvenient.
There has been some concern expressed by the councilm embers
and the city administrators concerning the bus fare increase
to 25¢. In an attempt to determine the effect of the increase
on ridership, I cross tabulated the frequency of bus use with
the results of the questions"will the increase to 2$¢ affect,
your use of the bus?"
rh
YES NO -
NO_ T SURE
daily users 35
weekly " 20% 600 5%
monthly " 27%Wy O.
other 12% 7% 0
0 .
Over one-third of the'"daily" users indicated they would
use the bus less when the fare is raised to 25¢. I believe that
figure is high. Some people would reply affirmatively to the
question in hopes that a significant negative response to the
• 5
increase would cause the council.and administration to reconsider
their decision. Most of the respondents realized that the
increase was warranted and that the 250 fare compared favorably
with the cost of mass transportation in other cities.
The results of the "bicycle" questions were not
particularly startling. Both primary and secondary bicycle
users tended to believe that the present bicycle routes in
Iowa City were inadequate and they overwhelmingly supported
the,proposed expansion of the bicycle routes recently
outlined by the Iowa City Department of Community Development.
The brochure printed by the Community Development Department
concerning the proposed expansion stated,"Surveys made by the
City and the University show that the bicycle is the second
principle means of transportation in Iowa City." D1y survey
indicated that the bicycle is used by only 2.30 of the people
as a primary means of transportation and by about 151% as a
secondary mode. The bicycle ranked fourth in my survey, behind
bus, car and walking. The season contributes greatly to the
use of the bicycle --perhaps if my survey was conducted in
July, the percentage of use would increase significantly.
I included a question concerning the general street
maintainence in Iowa City, but the results did not prove
worthwhile. The question was broadly stated --respondents
would indicate that specific streets were poorly maintained
while others were well maintained, but were hesitant to give
an overall appraisal.
DO YOU THINK THE STREETS IN IOWA CITY ARE...?
well maintained 17%
adequately 5/
poorly
no opinion 25
0 0 6
Overall, the people were generally satisfied with the
level of street maintainence.
The public works department expressed an interest in the
level of satisfaction with the present one -day per week refuse
collection. The results of the question indicates that only
a small minority are dissatisfied with the present level of
service.
IS THE PRESENT ONE -DAY PER WEEK REFUSE COLLECTION....?
adequate 63%
inadequate 7%
no opinion 22%
The large number of "no opinions" can be attributed to the
great number of apartment dwellers and mobile home residents.
The refuse collection is often contracted to a private collection
firm for those residents.
The questions on newspaper recycling were my "pet"
questions. The council recently decided to cut the newspaper
collection from once a month to a bimonthly collection. Because
the service is not used extensively, they felt the cut was
warranted. I believed that the lack of publicity about
where and when the newspapers were to be deposited contributed
to the low level of use'.
ARE YOU DO YOU USE THE NEWSPAPER RECYCLING SERVICE?
AWARE OF THE
SERVICE? always sometimes never
--
YES 29.5% 27.4% 42.3%
Overall, 67.6% were aware of the service and 30.6% were not
aware. Of those aware of the service, 42% never used it.
The "awareness" level was much higher than I had anticipated,
shooting my original hypothesis to bits.
r
I asked a set of questions concerning the use and
quality of the various recreational facilities used by the
Iowa City residents, including parks, tennis courts, poolst
zoo and the city recreation center. The availability
.of the University facilities complicated these results. Som8.
respondents didn't differentiate between the city and university
facilities. The results of the use and quality may reflect
the combined city university facilities.
1,1 OFTEN IP7 SEASON DO YOU USE T}[E F0LL0WING CITY REC FACILIT7
-{O
TEIvN i5
COURTS
POOL
z00
RFC CENTER
PARKS
29%
17%
160
10%
10
often 32%
occasionally
14%
,,
14%
�'
19%
28%
23%
18%
25%
seldom 12%
13If
55%
51%
43%
39%
never
n.r^nATT vnw WOULD YOU RATE THE CITY RECREATIONAL FACILITIES?
EXCELLENT 17%
GOOD16%
FAIR 2%
POOR a9
NO OPINION
The city parks were used most often while the tennis courts
and the pools were used by only half of the respondents.
I received mixed comments on the closing of the city park
zoo. The opinion was split between those favoring the closing
and those who wanted it to remain open. If use was the important
factor in the decision rather than cost and humane reasons, -the
d the tennis courts should be.left
zoo should remain open an
to the crabgrass.
f the respondents gave the recreational
The great majority o
facilities a favorable rating. I believe this rating. in part,
reflects the availability of the University facilities.
®
•
8
The Iowa City Public
Library was treated
in much the same
manner as the recreational facilities. I included
a
question on
both use and quality.
HOW WOULD YOU
RATE THE
IOWA CITY
PUBLIC
LIBRARY?
excellent
good
fair
poor
no opinion
weekly users 50-
26%
40%
58%o
SO%
13%
0
3%
0
0
monthly users
14%
49%
11%
0
23%
yearly users
0
0
0
0
other 0
A large percentage (40%) of the respondents have never used the
public library. This high percentage can be partially attributed
to the existance of the University library system. The library
got a very high rating --most respondents thought the facilities
to be either excellent or good.
The final page contained a potpourri of questions, none
dealing with services per se. The results of these questions
are particularly interesting to me and I believe they will be
of value -to the council members and the city administrators.
The first question was stated,"Are you generally satisfied
with the progress of Urban Renewal?" I believe the question
is unambiguous and the results significant. I was suprised
at the number of "satisfied" responses.
Satisfied w/Urban Renewal 20.5%
Not satisfied 63.1%
No opinion 15.2%
There were numerous comments included with the responses
such as, "What nrogressl?", "It's a crimet", and various
derogatory remarks about the integrity of Old Capitol Associates.
Typically, the response was preceded by a cynical chuckle,
and follwed by an adamant "NOl".
The next question concerned the consolidation of University
Heights with Iowa City. A great number of people were
uninformed about the situation, and many of those aware of
the issue expressed "no opinion."
DO YOU FAVOR CONSOLIDATION OF UNIVERSITY HEIGHTS AND IOWA CITY?"
yes 23%
no 7%
no opinion 69%
Obviously, consolidation is not a burning issue for most
Iowa City residents.
A greater percentage of respondents indicated they had
voted in the last city council election than probably did.
DID YOU VOTE IN THE LAST CITY COUNCIL ELECTION HELD IN NOVEDIBER?
yes 33.1%
no
not eligible 58.5%
The percentage of respondents "not eligible" to vote
may be higher than my figures indicate. Eligibility
was rather difficult to establish --some respondents would
indicate that they.had not been residents long enough�to
be able to register; later, they would report they had been
residents for 5 years. The county auditor estimated the
percentage of eligible voters who went to the polls was
between 25-30%.
I cross -tabulated the "vote" question with the response
to the question,"How would
you rate the
job the
Iowa City
city
council is doing?"
EXCELLENT
GOOD
FAIR
POOR
IvO OPINION
VOTER 0
NON-VOTER
35.9%
43.6%
8.5% .
12.2%
NOT ELIGIBLE 303%
26.7%
40.0
6''
'
33.2%
o
30.0%
• • SO
The single, "excellent" vote was cast by an ineligible respondent!
I believe that people are generally hesitant to rate their
elected officials too highly, thus the avoidance of the excellent
category. Many comments were made when answering that particular
question --most dealt with the great amount of "infighting" in
council proceedings. Only 8.5% of the voters believed: the
council was doing a "poor" job --a fairly encouraging statistic
for the council members.
I also compared the "vote" response with the next two
questions Do you generally feel you have a voice in the
Iowa City city government?" and "Do you generally have
confidence in the Iowa City city government?"
VOICE CONFIDENCE
yesno no OP. yes no no -o .
61% 28% 10% 66% 26% 8%
voter23% 12`%
73
non-voter ►+7% 40% 12% % 10% 17%
not eligible 33% 37%.27% 73%
Not suprisingly, voters were more likely to feel i they
had a voice in the•city government. Niany of the respondents
who answered affrimatively to the "voice" question commented,
voice." or "I think the council would
"I think I could have a
listen to what I had to say'." I believe the "voice#' question
s of the city
measures the perceived responsivenesgovernment
rather than the participation levels'of the respondents.
The confidence level is very high among Iowa City residents --
it is interesting that a greater percentage of ineligible
respondents have confidence in the city government than either
the voters or non -voters. The majority of the people believe
• • 21 '
that their governmental officials are willing to listen to
them, and an even greater percentage have confidence in the
city government. The results of these questions reflect very
favorably on the council and city administrators.
I cross-tabulated the four final responses concerning
sex, age, student status and years residence with the "vote".
"council rating", and the "voice" and "confidence" questions.
The differences in sex were not too dramatic,.although
only 35% of the voters were male as compared to 65% female.
This can partially be attributed to the greater number of
females interviewed. The council-rating response was almost
identical--there was no significant difference between male
and female perceptions of the council members' work.
Female respondents were more likely to feel they had a
voice in the government--54 females and 460/0' males responded
affirmatively to that question. The confidence levels were
significantly different between the sexes--57% of the males
and 730 of the females expressed confidence.
The cross-tabulation of "age" and the other responses was
fairly predictzble. There was a positive relationship between
likliness of voting and increasing age; there was a sharp drop
in the "over 65" category--only 39 of that age group had voted.
There was no significant relationship between ago and
the council rating. Respondents, age 42-49 were more likely
to rate the council efforts as "poor", while persons age
34-41 were more likely to rate the coucil "good" more frequently
than any other age group.
. • 12
There was also a positive relationship between age
and voice --much the same relationship that was found with the
age and voting cross -tabulation. The feeling of having a "voice"
increased with increasing age, again a sharp drop in the
"over 65" category. The same relationship was found between
age and confidence --confidence levels increased until age 65,
then a sharp decline.
Of those voting, 2%o were students and 75% were not students.
A non -student was more likely to rate the council as good (34%)
than a student (22%). non -students were much more inclined
to feel they had a voice (60e) than students (39%). The
confidence levels were not significantly different, although
the non -student (70514a) is slightly more confident than the
student(62%).
The percentage of people voting was positively related to
the number of years they had lived in Iowa City.
Years in I.C.
less than one
one to five
six to ten
over ten
VOTED(percentage of group voting in election)
11%
21%
524
56%
A favorable council rating was also related to the number
of years residence, although the relationship was not significant.
There was little relationship between number of years residence
and the "voice" and "confidence" levels, although people who
had lived in Iowa City less than one year were more likely to
feel they had a voice, or could have a voice) than the group
who had resided in Iowa City from one to five years. Confidence
levels decreased, though only slightly, with increasing years,
•
CONCLUSIONS
Overall, the city received a favorable response from its
citizens. The citizens sampled seem quite satisfied with the
present level of services offered by the city.
An especially high rating was given -Lo the city's mass
transit system. Laudatory comments were the rule, although
quite a number of respondents requested more extensive
"evening" bus service. The fare increase to 250 was accepted
calmly by most of those interviewed.
Residents were also quite satisfied with the present level
of refuse collection. Any proposal to expand collection
would seem unnecessary in light of these results.
Although the data didn't cooperate fully, I continue to
be of the opinion that an increase in publicity concerning
the newspaper recycling service would result in a significant'
increase in use.
The level of use of the city recreational facilities and
the public library was much lower than I had anticipated.
"Availability" may be one factor in the low level of use;
waiting in line, calling for reservations and/or overcrowed
facilities may put a damper on a resident's desire for physical
activity. Also, the use would probably differ greatly among
different age groups. (I did not breakdown use by age.) The
city parks are fairly accessible and could be potentially enjoyed
by all age groups --these factors may contribute to the relatively
high level of use of the city park system.
0
The results of the final set of questions should prove
to be interesting to city officials. Only one-fifth ofthose
interviewed were generally satisfied with the progress of
Urban Renewal. Although this statistic should not suprise
city officials, it may expedite future decisions on urban
renewal considerations.
There was no clear mandate concerning the consolidation
of University Heights and Iowa City. 'This issue has not
been widely publicized lately, contributing to the large
number of "no opinions." Unmistakably, most people do not
care.
There was a small relationship between voting and the
feeling of "having a voice" in city affairs --confidence levels
did not seem to depend on the act of voting.
Generally, the non -student, long-time, older resident
was more likely to vote and to feel he/she had a voice in
the city government. This relationship is quite eommoni.
those with "roots" in the community are usually more active
and feel more politically efficacious than short-term residents
and transients. The relationship between voting and age are
are also comparable to the relationships found in other polls.
The "confidence" ratings, when broken down by "years residence",
were quite curious. Although the trend was slight, confidence
in the government decreased with increasing years residence.
I believe the results of this survey are generally valid,
and give an excellent indication of Iowa City's success in
providing the kinds and the levels of services desired by
its residents. As with most things in life, the survey could
have been improved upon.
If I was to tackle the
task anew, I would make several
basic changes in the format and content of the survey.
First of all. I would try to solicit more input from the
various city departments# divisions and council memberse
if particular areas of interest could be identified and
translated into questions, the results would be much more
useful in future policy decisions.
I would also attempt to make the questions more specific
in nature, perhaps cutting down the total number of questions
and including more of the open-ended type.
There are two open-ended questions which, in retrospect,
would have been particularly useful and interesting.
"Obviously. adding a new service or increasing a present
city service would entail costs, eventually borne by your as.
a taxpayer. With :this fact in mind, what city service would
you most like to see added or increased?"
A similar question would be posed concerning the deletion
or cut-back in a service:
„what city service would you most like to see dropped
completely or decreased?"
Because of the time limits and resources (my time especially)
ns.. In future ventures of
I wanted to avoid open-ended questio
this type, I hope to be less limited.
0 •
City o4 Iowa City
DATE, April 30, 1976
TOS Neal Berlin, City Manager
rKcREi vat Strabala, Director, Department of Finance
RE: Newpaper Recycling Program F
The following is a stmmary of the financial results of the newsprint
recycling program for April, 1976 (bi-monthly pickup).
NEWSPRINT RECYCLING PROGRAM
April, 1976
Surplus/Deficit ( ) Beginning
$(8,982.42)
RECEIPTS
64.923 tons X 40% of $40.00 per ton ($16.00) $ 1,038.77
EXTSsIDITURES
Labor $565.70
Equipment 254.78
Surplus/Deficit ( ) finding
PJS:bac
cc: Dick Plastino
Julie Zelenka
$ 820.48
$(81764.13)
Pat Strabala
Director
Department of Finance
CW 04 DOWUM C68v 0
DATE, April 30, 1976
TO: Neal Berlin, City 'Manager
FP.OFA: Dennis Kraft, Director, Departmcnt of Community Development
RE: Sanitary Sewer Service in Dean Oakes I-*irst Addition
In reference to the question raised at the Council meeting
on April 27th concerning the availability of sanitary sewer
service to the subject addition, sanitary sewers call physically
be provided to the development by tapping into the existing
system. The remaining portion of the 80 acres owned by Dir.
Dean Oakes, however, cannot be serviced unless a lift station
and force main are constructed and installed. Shive-Ilattery
and Associates, consulting engineers for Mr. Oakes, have been
working closely with the 1'.ngincering Division on proposed
plans for the installation of the lift station, at his
expense, which would provi-.le service to future additions by
Mr. Oakes.
It is now a policy of the Engineering Division to withhold
any final plat for consideration by the City Council until
I-in:jl construction plans for puhlic improvements, including
sanit:jry sewers, within Lhe subdivision have been submitted
and approved by the City Engineer. Dean Oal:cs, First
Addition, although recommended for approval by the Planning
and Zoning Commission, has not been submitted to Council
because the final construction plans have not been submitted.
Should you have any questions, please contact me.
Attachments
/$c
S[-, r_-€-afla-ti r_ -zv c, =
10(-A IWAY i .$ I.po P O !'OX 1050 '
1011,7A CITY JOWA 522.0
11=1.FPI i0r;E C319) 354 6040
April 13, 1976
,....-.1 'a..,. r1 •.I r.
In I,,.nn �., I•I nl ::
�I, Ilan 1'1'
,I_I It 1:n 1'I
i ;, TT
?—I rr
C. ,,,:.,, 1.1 •,,:,,�, , rr
C..rrzt I l r,P E
n:,,•n t �,,.• n
n..y.•n•; t�ac, c.rE
•
• g pr -
r, re �I..,,u I,r. 1.1 sQKAI�0�11-5 -
Mr. Fug -uv: Diets, P.F.
City Jfn,incer Re Dean Oakes First Addition
City of Iowa City - Iowa city, Iowa
10 F;Ist.Vas hington Sircet
lo'wa City, IOwa 52240
1z
Dear G ne; C4
The pugwse of this letter is 10 review and confirm the items covered in the
April 7: 1976 meeting with Dean Oakes, Frank Farmer Mike Y.olnmerer, yourself
and my -,elf concerning the subject site.
Origin.;lly it was the city's terlln•st that a 10 -inch line be installed in Oakes'
Drive .,C a slope of 0.287, to have the capacity to carry f1011 from the proposed
001-th 01151viri flow
I.iri Station. In rev itwiny I.he design nutr_s for L13, line,
J 12 MGD (0.36, MCD from lift station and 0.052 MCD by gravity).
An 8 -ill. -Il line at the ninimuul required grade of ,
resulting in the conclusion !flat a-cording0" has a ,-opacity of 0.53 11f,D
cording to this design, an 8 -inch line would
be sal.i�factory to carry tile_ design Flow, On This basis
.bc satisfactory sizing for Ihn city. 1an 8 -inch line would
Since design flow from the proposed lift station was figured on a density of eight
people per acre, and since part of the involved arca is developed at a greater
density then right people per acre, you staled that if an 8 -inch line is constructed,
then Lp
b,: Oakcs, develnnen(s I-:ould h.rae to Le it a density less ha
acre, in an order that aver.;ge dell-;il-y of 8 people pr_r' ncl'e o -:0u lr1 1: -1 n le per
8 maintained LOpeopP
over the. entire drainage area. You also st...11.ed thatif a 10 -inch line '::as put in,
then this would open up the area and allo�:J file Oa6es'
density greater
than 8 peuplc per acre up to the caproperty to develop at a
pacity a 10 -inch line.
It rias f!:rlher discu%s,d at this w—Plinq Wit if Mr.
private lift. stat 1 )•11�'s 'l- devd to put e a
1 irn .::�, I,;,Jl��lain ,t hi:,•,clf, he •.r.ulJ
arca bch'i-I tile hill :which ca,�noL be >er•e start do v,::np ie the
lift
further developnent: would not have to wait For , an.assesslent pro)jcctiTO construct
�l�
a larger municipal lift station.
If there is a difference in your understanding of the above_ please let us
know.
Yours very truly,
SIIIVI--IIATTFRY 6 ASSOCIATES
RDK/trJ
P,ich.ird D. Kratusk:l, P.F.
cc: Mr. Dean Oakes
Marion R. Neely i
Mr, Don Sch"Nser, Senior Planner �I
ii
CC DAR kArID$JJPli1TT IlI S, t -
t;ll_I JI-$ DIIHUUIIE t I r.tq OlSptJ InyIA C11y VIbll nN
E
1 •;t crY,
u
Ap ri 1 7.7, 1976
':•ir. Richard D. Kratosi:a, 11. 1'. 1; 1..S.
Shivc- Ilattery and Assoc.
P.O. Pox 1050
Tcw,a City, TA 52210
Re : Dean O;ikes Pi rs t Add i t i on
Dear Dick:
Com._
0(7
Your April 13, 1976, letter basically asked that
recollection of our previous meetinn clmccming
in Lc at ca of Dcan Oakcs First Add iIi(In
.
.o:: r. r.rr. I� :•: a �.: to
I confirm your
sanitary setters
Your thot!rltts on the ',abject h;1 .icaHy al,rcc faith my rccolIecLion
of the mc,-,Iing. T would offer a few ;ludiIiunal. I:orinlcnl.s that nuay
or may not have been clear at the t-ime of our meeting. First of
all., if 1�r. Oakes des i, res to install. a 10 inch line, that ad(Iiti.onal
capacity t:,ould then be avai.labIc ror Itis use in Future development.
However, I don't believe that a recapture aorecmenL lrould be proper
in this type instance, since to oversize Lhe main Mould be -For his
particular benefit Only. Also, the allocation of load to can over-
size sewer cart be call.ulated, 1-uL wi11 cerl;linly be a lengthy process
and subject to v;frying victa points. I'iercforc, I could Suggest that
those decisions be made prior to construc'ii1,n operations .beginning
so that there is no rlisundcrsf:Inning on 'rhe part of :myone involved.
C :could I-I,rflier I i.ke Lo point (11L Ih;tt: your titat.cmunL o int:real ing
the sisc of this sewer r;ould opt:n up Lite area to Jensi_1:ies I;II-
than eight pc op lc pc I- acreI is noi. a fllrcgone conclusion. Currently,
C believe that the area is zoned RIA and to plan for densities higher
than perr.itted in that' zoning dist.rir.t, it will be necessary to
request a zoning change.
>;ra to,:ka/Die t z
APTi.-1 7.7 ].976
PaLe 2
•
iIleaot:sly, the Plaeniny and 7oning f'i>nunion ma
ideas i_n relationship %o this ;roil ldhi_r.h mttkcs
y specific
y0nr client to tli:rt)s; Ihi.s:�holc m:�ttcr ioit:h
i 1. imhor(rant Por
lion Scinnci ;O r. Ov,:rsi>:ing ti,c - Senior
densities i.s fcesil,le 'ani ter scion P date
ti mc.
from :ut ngincer>nR st:andpoi3ntomod;te higher
- 1 only at this
Call m,' -if you :dish 1.0 ,1isc11r,s This to I- further,
EAD:mcd
cc: Don Schmoi scr
S.r:ior Plrnncr
Sincerely yours
61ILc110 A. Rietz, P.E.
Ci:ty I'll gineer
•
CITY OF IOWA CITY
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM
TO: Neal Berlin +
FROM: Dick Plastino
RE: Model Traffi'd inance
41 �3 0
CLA
DATE: April/i176
We will have a rough draft of the Model Traffic Ordinance
done by the end of May. I would not recommend that we
modify our existing ordinance since it has so many
deficiencies at the present.
After internal review, I would anticipate we would get
this to Council by the end of June.
RJP:bz
cc: Jim Brachtel
® 0 -71-lo
21 1 LJ civic CEN TER 410 E. W ASMING TON f E.
QM
F y . IOW/(CIT Y.IOWA 6n,10i % Y
'`p 13I YI ]SII OOO
�qls ■
MANA oMit April 30, 1976
N.�►(
MAYOR
MARY NEUNAU R
COUNCILMEMEERE
ANN RAWER
CAROLbn10W
L E. EOTTm
OAVIO PEA R ET
MAX slam
ROPRT VEVMA
Mr. David Clark
Clark's Carpets
510 Highland Avenue
Iowa City, Iowa 52240
Dear Dave:
I am glad that you came in to talk to me the other day concerning your
problem with the building inspection division. Ile are desirous that all
employees of the City provide courteous and as prompt service as possible
to citizens. The building inspector did remember your call and felt that
he had been courteous. However, he did indicate on the phone that he
probably would not be able to make the inspection until the following day.
In fact, he was able to accomplish the inspection on the day you called.
To ensure that the employees are being courteous, the Director of Public
Works has reviewed telephone procedures with them and we recently conducted
a course sponsored by the telephone company. We will continue to monitor
this matter to ensure that the public is at all times treated courteously.
As for the report to you, it is the policy of the City that all matters
relating to code compliance be reported directly to the person who is
responsible for the building permit. However, it would have been approp-
riate for the building inspector to indicate to you that the information
would go directly to Frantz Construction Company rather than to you.
The building code provides that an occupancy permit can be issued only upon
completion. If adverse weather requires, a temporary occupancy permit will
be issued. However, in this case inclement weather apparently was not a
question. As you indicated, the building had been occupied for approxi-
mately a month. During this period, we had great construction weather. At
the time the building originally was occupied there were several deficiencies,
including temporary front stairs. The action of the inspectors concerning
the building, in this regard, certainly are in accordance with the legal
requirements of the code.
n
U
Mr. David Clark
April 30, 1976
Page 2
If you have any other questions concerning this matter, please come in or
call. Also, let me know if you have any other problems.
siner y yours,
Neal G. Berlin
City Manager
NGa/sd
cc: City Council
Public Works Director
PLANT M,%TERIAL IET
Tne following trees are appropriate for planting in tree islands: Small, trees -Crab
Apples, Hawthornes, Ginnala and Globehead Maple, Bradford Pear; Large Trees - Green
and.White Ash, Sargent Cherry, Ginkgo, Little -leaf Linden, Crimean Linden, Norway Maple,
Red Oak and London Plane Tree; and Evergreen Trees - Austrian, Red and Eastern White
Pine, White Fir and Colorado, Engelmann's, Norway, Serbian and White Spruce.
Tree islands should be surrounded by a concrete curb six inches in width and deep
enough to avoid frost heave.
Surface coverage of tree islands should allow for adequate air and water. Grass,
broadleaf ground covers, shrubs and river washed stone all are appropriate cover.
I
TYPICAL PARKING LOT SITE PIAN +4
—+4— CONTOUR O2° CALIPER TREE, X x x
20% OF EACH:
CRAB APPLE X
GREEN ASH
"MAY, 1976 LITTLE LEAF LINDEN
h, GLOBEHEAD MAPLE %
I = 50 BRADFORD PEAR /*2
%
X
x
x X O
J
\ k X X O
n _ U
Uj
X x iL X
x X / x U_
x _
Z
U♦
X k k
X k � X
O X � X
x x x x x x x ( x x
DECIDUOUS DRIVE
GUIDE TO PARKING LOT LANDSCAPING
This guide summarizes the requirements
Of Chapter 8.30 of the Iowa City Code
for parking lot landscaping. It is the
intent of these provisions to assure
that trees are planted within the City
in accordance with the best ecological
concepts, environmental objectives and
site planning principles, so that the
well being of the residents of Iowa
City is protected.
It is required that trees be planted in
conformity to these regulations with
development, redevelopment, change of
use or intensification of use of property.
For more information about these require-
ments you may call Planning 354-1800,
Ext. 315 or 317.
The requirements are as follows:
The interior of parking areas shall be broken by
landscaped islands for the purpose of temperature,
runoff, pollution, traffic and glare control. Theme
islands shall be provided at a minimum ratio of one
(1) island for every eight (8) parking spaces and be
at a minimum fifteen (15) square meters (161 square
feet) in area. .Provision of islands under the
provisions of Section 8.30.13C does not satisfy this
requirement unless the parking area has less than
twenty-five (25) parking spaces. (See illustration)
in instances when angle parking is used island
type B' may be substituted for island type W.
(see illustration)
Parking areas shall be separated from drives,
buildings or as needed for safe traffic movement,
f
by landscaped aisle- or islands a minimum oT.
three (3) meters (9.84 feat) in width. (Sae I
illustration)
10 M.
TM MIYT
w3 k��)
..r..
Trees shall be planted in the landscaped aisles
and islands in the ratio of one (1) tree for. each
fifteen (15) square meters (161 square feet) of
landscaped aisle or island, except for island -
type 'B' Section 8.30.13C3 which shall require
one (1) tree for each seven (7)square meters
(75 square feet) of landscaped island.
DEP RTMENr OF COMMUNITY DEVEEOPMENrI
CASE OF LOST
FUNDS STUNS
IOWA TOWN
Preston rocked by
utility -bill mystery
By MARGARET ENGEL
11~ She W~
PRESTON, (A. — The mystery of
the mussing $59,000 in muntelpal utility
money has shaken this town of about
950 to Its roots.
P aria, It was shock enough
last September when
DES MOINES Donald Witt, a long-
time resident and
treasurer of the town
and of Sl. John's Lutheran Church,
pleaded guilty to embezzling ;20,000.
from the towns only bank, which he
managed.
Then, when things were beginning to
get back to normal, the shortage In
municipal utility receipts was uncov-
ered in January.
It was a sterner, both because of the
loss and because it was clear that peo-
ple other than someone inside city gov.
ernment must have known somethini
was amiss.
No Cancelled Checks
Many people paying for their utility
services by check had not been getting
the cancelled checks back with their
bank statements, Some for as long as
four years.
After Witt's guilty plea, he was given
a suspended three-year prison term,
put on four years probation by U.S. Dls-
trlct Judge Edward McManus and
ordered to pay back the money.
Witt moved — just where, nobody
seems to know. He and his wife were
divorced. The town tried to forget It.
The local paper helped by not printing
anything about Wilt's difficulties.
"We were asked by the bank not to
publicize it because of the relations
here in town," explained Jerry Mert-
ens- 32, editor of the Preston Times.
Then in January, Leon F. Schmidt
asked,a town councilman why his can-
celled checks for the town's electricity,
water, sewer and gas services weren't
arriving in his monthly bank state-
ment. His wife. Debbie, figured their 10
uncashed checks, totaled ;400.
'"There were jut getting to be so
many. I thought I'd better ask,"
Schmidt said.
The councilman asked Wayne
Eggers, the former city clerk who had
resigned Dec. 1 after eight years on the
job. Eggers, called "Smiley" by friends,
told him to check the town safe.
" were piles of checks every- '
where," recalled Randy Neumann, who
succeeded Eggers In the clerk's job. "I
almost keeled over, I was so nabber
gasted."
IIt Uncashed Checks
They found -112 uncashed checks,
totaling $3,531, some dating back to
1972. The ensuing state audit found
chaos In the accounts.
Working with an agent of the Iowa
Bureau of Criminal InverUgatlon, the
state auditor's office estimated $59,735
that should have been collected for the
municipally owned utilities since 1973
had not been.
The auditalso found $2,313 in
receipts for cash that was collected but
never deposited in the bank down the
street.
"This is the mystery of mysteries,"
State Auditor Lloyd Smith said. "There
Is more to It .than meets the eye. For
one thing, people would pay cash, and
Instead of that being deposited, an old
check from an earlier time would be
substituted. That's why It appears to
me a lot of them (checks) were held."
More than 100_ residents, many of
m
wtonow m pay substantial sums
to the city, attended the audit preceata.
tion, hoping Smith would sort out the
mesa.
Eggers Is well liked in town and peo-
ple were angry the audit didn't spell
out who, If anyone, was responsible.
Smith, as is customary, did not blame
anyone for the shortage, saying it is his
job only to present the statistics.
A front page editorial In the Preston
Times complained:
"Like most politicians who talk in
circles and say very little, Smith enter-
tained the crowd but satisfied no one.
You left the meeting knowing that
$59,000 was missing and that was
about It. What was going to be done and
how was not answered."
Tom Peckosh, the Jackson County
attorney, has given an answer of sorts.
He said he will call a grand jury short-
ly to look Into the case.
Asked to Cover Bond
And the city attorney has asked the
town's bonding company to cover the
;9.000 bond on Eggers and the $1,000
"faithful performance" bond on Witt as
town treasurer.
"We've got to recover the money,"
said attorney Erwin Stamp of nearby
Bellevue. "We're going to look for
every avenue we can find."
Stamp also las written to the firm of
McGladrey Hansen Dunn and Co. in
Clinton, who did Preston's town audits
from 1969 to 1971, to explore its llabU-
ity for not discovering the utility i
accounts were awry.
Oren Schlldroth, the, acc untant
who performed the audits, said he
doubts the firm should pay. He said "a
routineaudit doesn't neceasarlly" turn
up circumstances such as those figure
in the Preston-cibe.-.Gary Smith.
head of the stale auditor's muAlcipal
division, said It's possible the-1159,000
was. not missed. because. enough was
coming In monthly to cover the. town's
bills, although a needed surplus was not
being built.
Editor Mertens attacked the, $59,000
figure for not taking into account such
items as line loss early, payment dis-
counts made overthe years.
Clerk Neumann said. this. wouldn't'
have made much difference. "I would'
. have to saythe figure is prettyclose
because they (an assistant state auditor
and a BCI agent) figured it pretty con-
servatively." .. I
One of the biggest questions raised at
the audit presentation was whether two
recent utility rate increases would
have been needed if the $59,000 had
been collected. Discounts -for those''
- heating with electricity and for those
using electric water -heaters' were)
ended In February. Natural gas rates
also rose 33 ppr cent in January, Neu.
mann said.
"'The rate still would- have been
raised," Mayor Dennis Christopher
replied, noting It's the first electric
increase in 15 years. "It's because Iowa
Power raised its rate to us. There's no
other reason."
Works as Bookkeeper -
Eggers, 36,: could notbe., reached
after the state audit was presented. He
went into a hospital for five days for
tests. He now Is working as a bookkeep-
er for the Meinerz Creamery here,
which is managed by his brother-in-
law.
Eggers has refused to comment
about the situation:
He has hired a lawyer; Keith Staple-
ton of Cedar Rapids.' Stapleton says he
knows little about the case but will rep-
resent Eggers -"on whatever comet;
UP,'
Stapleton also said Connie Bormann,
who continues to work parttime in the
clerk's office; has retained a lawyer.
Bormann also refused comment.
Eggers and Borman aren't the only
ones not talkidg:-This second blow has
made most'residents of Preston close-
mouthed. -�- : �,'
.., There's considerable civic pride over
having a municipally owned utility in a
Preston's on
The :state �aulomantioned Donita
town slit. (The soAst
the billboard welcoming visitors V that
Felletµ4h"' 1. y*.of tl)a..Hoenicke
the town supplies its own utilities.)
Cafe; 3l :bi her checks wen
found In the tate, undated and with the
But of greater impedance In the
minds of many is that nany residents
amounts left blank. ' Fe_iler explained'
knew for years' Utelr'ibecks weren't
she would give Eggert a check when he
being cashed.
come into the cafe, trusting him to fill
"Aren't these people just as guilty?"
it in. • -
asked Councilman Virgil Miller. "I
"When I wanted.to pay my bill he
wasn't'in the office," Feller said. "It
know there are some people who blame
the council for not knowing, but I can
was just convenience."
say very definitely that no one on the
City Council members all have
council was aware they hadn't paid."
decided the problem Is careless book-
Clerk Neumann added. "There's a III-
keeptng and will say little zQre.
tie bit of larceny In all of us. If you
write a check *and no one lashes It,
"Don't Know What's What"
you're ahead."
"rm not answering," Councilman
,Afost of thine with checks
1 Henry.NolUng replied to questions. "I -
;muting
say they forgot about them as time
don't let anything out because we don't
went on. Others venture they knew
know whaVe bat."
something"was'wrong but didn't want
Councilatan Bob Henningson said
to.make trouble. -
offliAkir worerordered by BCI agent
"There certainly wasn't any scheme
Bob;SghttaF*lof'Cedar Rapids not to
throughout town," insisted Alta Kruse,
fafk`abont ttie sltuation. Whitacker did
who runs the Preston post office. "It
1 "•much of the leg work on the case.
"
was laxity on my part, forgetting about
Whitacker denied issuing such a
my check." (One of,her checks was
written .In January, ;1974, for $33.16
dlraetive; "five never said they should
net tailt."?%ei have come to a mutual
and was found in'the town safe;)
apoement � it wouldn't be right to
But she wonders; "How could the
be making any accusations or deroga-
councUmen two know whrlt was going
tory statements toward anyone at this
on?"
point In Ume.'
Mrs. Leo Driscoll, who had live
I have said I don't think it's right to
checks uncashed, said, :"I thought It
be mentioning names."
was funny.he (Eggers) never put-them
Jerry Ritenour, a council member
in the bank, but as the me&ehs went by,
and mayor pro-tempore until his term
I first kind of forgot about•it."
expired in January, commented, ''I
J.E. Goodenow, the previous . city
think this has been blown out of propor-
attorney, sald he did not know about his
Uon by the Atate auditor. ,There's no
i six uncashed checks, totaling $40.3.9.
doubt there's sure some grass unit-
!The first one -.was written In..',-April,
.
Bence, bpt•nq one, made any irio4ey; on
v (p:
-1974. .. ..
1/.,, s a
llfoney. Forward,
oddly: the. council has decided to dis-
miss the new clerk. Neumann said he
miss
"About that time we had hired a
was asked.for his resignation in told-
bookkeeper, hired for,the first time,"
AprlL The council's agreed-upon
Goodenow said. "I wasn't aware of It
explanation isthe)ob was too much for
personally and we jus( kept carrying
the 22•year-61d Neumann to handle. .
the money forward."
"I don't think it's any of your busi-
The county auditor's office also had
nets y.we fired him," said Henning-"
a cbeck found in the town safe, The $32
;son, Td,we didn't fire him. We asked
check had remalued : uncashed since
him to tut "Whir res lion."
July, 1973. The ofllce,has begun a new
gold N mann: "If I had any Idea of
policy of tracing checks not .cubed
the'pirob ie that We developed, I
within 60 days, an employe said.-
wouldirever.have taken the job at all."
Evelyn Thlede, a church secretary,
Anal. arodail .7@, who was town
said her four yneasbgd checka.Awo of I
her
clerk;6nu1., 960, Bald she's "just sick"
which still are' misdug, slipped
over the b g�gularities.
. mind.
I dogOuoderstand how anything
ed Wayne (Eggers) tit
" Yne
like tkat 6usld'happen, We tookour
once .In. 1973 but got-no action," she
-moo4to*bsnkevery
said. "I suppose really we should have—
confronted the council, but•I•thoughl I
_
was the only one.••
Barbara Brown, who runs Jack N Jill
Grocery with her husband, Ken, also
Inquired about their $239 checkthat
took &,year to be cashed.
"We mentioned it several Umes to
the clerk. fats of as wondered what
was happening, but I thought it was
poor bookkeeping,••
,
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INFORMAL COUNCIL DISCUSSION $
MAY 10, 1976
1:30 P.M.
The Iowa City City Council met in informal session on
the 10th day of May, 1976, in informal session at 1:30 P.M.
in the Conference Room at the Civic Center. Councilmembers
present: Balmer, deProsse, Foster, Neuhauser, Perret, Selzer.,
vevera. Staffinembers present: Berlin, Stolfus, Schreiber.
Mayor Neuhauser presiding.
COUNCIL TIME
City Manager Neal Berlin advised that the Iowa National
Guard_had requested permission for landing of two helicopters
for a special celebration. Under the Municipal Code, ap-
proval would have to be given by Council for any landing not
at the Airport. The Mayor noted that the City would not be
liable. There were no Council objections.
The City Manager announced the resignation of Community
Redevelopment Coordinator Paul Alexander, effective immediately.
Concerning the conversation with HUD officials, he noted he
would have a written report in two or three days. Regarding
the memo on position vacancies, it was suggested that the
City Manager was abrogating some of his authority. He replied
that he was the ultimate authority, and for clarification, the
Human Relations Department is the Personnel Department.
Mayor Mary Neuhauser called attention to the invitation
from Washington County and City officials -.for an open house
at their new Public Safety Center, on May 14, 1976. She also
had received a letter from Jen Madsen concerning a hearing
to be held in Cedar Rapids by the Republicans concerning the
property tax lid; asking that Iowa City Council send a repre-
sentative. Balmer was asked to attend, with a statement pre-
pared by Council.
Councilmembers discussed the request for use of City Park
by the Des Moines R & T Annual Bicycle Ride on August 6th. The
City Manager called attention to the need to amend the Code
because of the curfew. Councilmembers were in favor of grant-
ing the request if there were no complications.
Mayor Neuhauser advised that as Stephen Lombardi, who has
just been appointed to the Housing Commission, is not a regis-
tered voter, he cannot be legally appointed to a Board or Com-
mission. He can register to vote, and the Council can reappoint
him.
Page 2 Council Discussion
May 10, 1976
Concerning the letter from the Iowa Department of
Environmental Quality regarding the inspection of the:Land-
fill; the City Manager noted that the Staff will attempt to
meet the requirements, but no additional personnel will be
hired. The worst problem is the blowing paper. An update
will be forthcoming from the City Manager and Public Works
Director. Use of CETA people was suggested for paper pickup.
It was suggested that as most of the parking lots in
City Park are gravel, the Ordinance should be changed. It
was then pointed out that if this is required for citizens,
it should be a requirement for the City, also. The City
Manager asked that more time be given, and the Staff might
come up with an alternative.
Council discussed not spending any of the HCDA money_,'
that has not already been committed. The City Manager asked
that Council focus a bit more specifically on the questions,
because the impact of the Court's decision won't be known
for several years, so he would like to know specifically.
However, in a couple of weeks, there will be a much better
indication. The Mayor pointed out that the City might have
to use some of the FY 176 funds too. The City Manager stated
that possibly it could be used for a source of funding for
repayment of the Plaza Centre land.
Concerning the petition from the residents of -Court-.
Street; concerning traffic, the City Manager outlined previous
discussions. The Mayor pointed out that there were four
votes against installation of an island.
Councilmembers questioned payment of the fee to the
Police Department for funeral escort; and questioned if
the charge for other escort service was adequate. The Reso-
lution will be referred back to the City Manager and Police
Chief for recommendation. It was noted that it was a
concensus of the Council to delete the charges for funeral
escort.
City Manager Neal Berlin recommended not transferring
the lease to the Goody Shop,in the,Clinton Street Mall.;
The tenants have not been notified that the City policy
would be to not reassign leases in the future. There was
a short discussion on the legal obligations concerning
relocation, and the City Manager commented that he would
report on this and on the financial status of the Modular
project. Concerning the letter from Councilman Breese of
University Heights;the City Manager advised that the City
would not provide University Heights any services that were
not provided to Iowa City taxpayers. The Public Works
Director will reply to the letter.
0
Page 3
INFORMAL AGENDA
Council Discussion
May 10, 1976
IOWA DEPARTMENT OF TRANSPORTATION and Policy Committee
of the Area Transportation Study of Regional Planning held
discussion with Council to provide additional local input
prior to reviewing the programming status of proposed
Freeway 518.
Mayor Neuhauser asked that the representatives present
introduce themselves. Those present from the District
office of the Iowa Department of Transportation were:
Robert Humphrey, Robert Selquist, George Forsyes, Ken
McLaughlin, Jim Hogan, Ralph Crawford, and Van Synder.
From the Area Transportation Policy Study Committee: Mort
Kosher, Doug Lee, Mike Finnegan, Dick Gibson and Bob Lenz.
Lee introduced three students from the graduate training
program, who reported later on issues relating to the 518
Project. Humphry summarized previous action taken, and
outlined right-of-way which has been purchased, and explained
the traffic figures on the map. Their staff would like to
discuss other possible alternatives to explore to get the
project off dead center, and had met with Washington County
and Johnson County officials. They would like to present
to their Commission, Council's feelings on the alternatives
of a 9 -lane facility, a 2 -lane facility or improvement of
Hwy. 218. They had discussed the Board of Supervisors'
concerns relating to the Coralville cut-off, the Johnson
County Home and the interchange at Hills, and would be
discussing these issues again later. He noted that one
specific thing keeps cropping up, the Melrose Avenue
connection. They would like to have a Council position
relative to this if a by-pass is constructed, will it be
connected to Melrose Avenue? Mayor Neuhauser commented
that the Council was not at the point of knowing what they
wanted to do, and the results of the Area Transportation
Study showed the amount of traffic would not be reduced
for Iowa City by construction of 518 by-pass. Supervisor
Lenz suggested consideration of the possibility of starting
south of Indian Lookout and swinging out and staying out
of the City limits and connecting with 380, and suggested
that a special committee be formed for considering alter-
natives. Humphrey agreed that an agreement was needed so
that the City could continue their planning and the Highway
Commission could provide a plan to provide traffic alleviation
on the sections in the rural area. A beltline around the
City was suggested. The University representative, Richard
Gibson, did not see their problem as different from the
community, both bothered by the traffic on 218 and Riverside
Drive.
9
Page 4
The Mayor declared a short recess.
0
Council Discussion
May 10, 1976
COUNCIL:EVALUATION OF THE MANAGER. Before evaluation
started, the City Manager announc�ceipt of another
complaint filed by AFSCME. The Staff will prepare a re-
sponse to the PER Board. There has been no response to
the previous complaint. He also advised that the Human
Relations Commission had requested that Council hold off
on the action on their guidelines.
Concerning the evaluation, the City Manager pointed
out that previously two councilmembers had evaluated him,
and had given him useful suggestions. He noted that he
would like to discuss how he could be more helpful to the
Council, the Staff and the City. Councilman Balmer advised
that in his MBO goals, one objective was to get to know
the City Manager and the workings of government and at this
point he was satisfied. The City Manager stated that when
there is a problem, usually Councilmembers are straight-
forward in spelling it out, and he encoraged that kind of
help. Councilman Vevera noted that in this short time
period, basically he was satisfied. The only area in which
he thought the City Manager could improve was to be tougher,
guttier, citing as an example, the compromise with the Assist-
ant Finance Director. The City Manager noted that generally
he had found 1) the Manager has to take a much stronger
position on matters internally and externally, than he
had thought necessary, and 2) internally things are not as
he suspected they might be.
Mayor Neuhauser commented that she has noted that in
the extremely important area of contracts and litigation,
there are far fewer matters in litigation, and this is
attributable to the Manager and the legal staff. The City
Manager replied that this is partly because he and John
get along well and agree on what the role of the Manager is
and what the role of the Attorney is. Another area where
the Council could be helpful is in situations where staff
is emotionally involved on an issue or a policy matter, and
that if at any point the Council saw the Manager or the
Staff so personally involved, that they were not able to
present viable alternatives, or give a recommendation, it
should be brought to Staff's attention. In answer to a question
by Councilwoman deProsse, Berlin advised that he had a long
way to go to see Administration be where he would like to see
it be, in various divisions. The Mayor commented that it was
her feeling that the Manager was doing what the Council wanted
to do, but the Department Heads did not want to carry through
and even were dragging their feet, citing the vehicle policy.
In answer to the statement that the Manager was only satisfy-
ing the majority of the Council, he stated that he made a
concerted effort to try not to.
Page 5 • 0
Council Discussion
May 10, 1976
Councilman Selzer voiced concern over the apparent
lack of good sound thinking on policies, and the lack of
Policies. He encouraged the City Manager to bring these
areas of major concern to Council. He also suggested that
the City Manager be more forceful, as he saw the City
Manager's job as running the City and carrying out Council'
policy decisions. The City Manager pointed out areas of
major problems as s
to da being internal, such as policies on day
y operations which do not now exist. These include
a policy for 1) disposal of surplus property, 2) operation
Of the building inspection division. He stated that it
has taken longer than he anticipated to sort out where
the problems are. He commented that if you don't have
house in order, the whole question of productivity
going to work. Your
budget Mayor Neuhauser voiced concern e isn't
g procedure, noting that b over the
ready for presentation to the Y the time the budget is
Manager's baby, but in talking, it is the City
were directed at Pat, g, the questions and criticisms
have di ected She stated that Finance should not
Council has decided programs, only carry out programs that
out that this was one of want The City Manager pointed
et co the issues he wanted to discuss
with the bud
broader g mmittee. He suggested that the area was
than that, that
a very strong polthe Finance Department has had
icy position, not only in the budget,
but in many other policy areas. His philosophy was that
Finance should be a staff service, providing
the other departments, making support to all
it possible to carry out their
job.`efficiently. Councilwoman deProsse complimented the
City Manager on his candor, and on conveying information.
The City Manager suggested that it was important that
know where the Manager stands on issues. Councilman Foster
noted that he was able to Council
Councilwoman deProsse get the information he wanted.
handling was also pleased with the Manager's
g of citizen's complaints.
It was pointed out that the buses are not clean enough,
and pment the City Manager advised that we do not haveadequate
Des
1Moinesfbusesor eadvertiset was also pointed out that
Councilman Perret commented that he enjoyed working
with the City Manager, that he was a candid, open, honest
and hardworking Ci
hty Manager. One thing that did disturb
im was that this Council was a reacting body, and he
thought they should initiateproposals. Mr. Berlin in-
dicated that the City did not give as much credit as they
should to other areas where policy is being developed,
such as Boards and Commissions. The City Manager was
.)
Page 6
complimented on his h4
0
Council Disr_ussion
May lo, 1976
community Perceives ang of
and on his ssipen Policy, a$shready lto listen on the way
the door
which could not He Presented aerlin noted apprmemo on pro eto Pionle-
4:35 p_M be sOi
ent in the packet. Meetin p?rty appraisal,
4 adjourned,
�"
DATEZ Tby 11, 1976
TO: Neal Bcrlin, City DIanager
FROM: Debbie Rauh, Controller
RE: Urban Renewal Projcct Notes of $4,472,000
Atapproximately12:00 p.m. today, bids for Urban Renewal project
notes $4,472000 were opened in the City Winager's Conference
Room. Proposals were received from six agencies with interest
rates ranging from 2.98% to 3.28%. A summary of the proposals
submitted to us is attached for your information. This information
has been referred to }IUD and, with their concurrence, the City of
Iowa City has accepted the proposal from Bank of America at an
interest rate of 2.98%. $4,472,000 of project notes with a
premium of $18s will be issued June 8 and mature December 10, 1976.
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Figure 1. Alternative Highway Investments for the
U.S. 218 Corridor
WAA41A t s 0TR
wisco kszM
=LLi KOI S
MuLo�Ri
w
Ficgure 3, Disiri6uiionq or Gri,�� Q,-8 [)esT�na�f�ans
Total Costs for Corridor Alternatives
Alternative Total Costs (1975 dolls ms)
F-518 $41,034,000
B (new 2 -lane) 24,604,000
C (4 -lane by-pass! 23,283,000
and reconst.)
D (2 -lane, county 19,900,000
right-of-way)
E (reconstruction) 10,440,000
F (2 -lane by-nass
and reconst.)
14,042,000
Cost per Vehicle for Corridor Alternatives
Construction Costs
Construction Costs
Alternative
Onlv
Minus User Be�eflt�
F-518
$2.21
$1.80
B
1.64
1.21
C
1.22
.84
D
1.12
1.09
E
.64
.64
F
.75
.55
TA13T,E 1
O tions
A D C
� E F
v j •r7 —.
Ql N y aVi C >
rO Y _
4: 3° a3i c°p U N y
'o v - m N .` ` .� a
v 3 N, v O r. rJ C N m t) N
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4 OC 0 co OC
v N C U co 1 p�
rr N .f1 N .r y C
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O l s= ` C� v 1 C v N 1 t3,
InPagta > U fD rJ U m m U O Yr p
t. i ipro✓e acce;;., rn� a> cn rr� rn rr> rn I c> 1 a73 > la>
he .ween T owa
:ity and Poirttc nouth 2 61 12 5 1 10 5 110 5 110 4 S 5 10
2• ';Ompl.ete Ioc;., fwy. network 1 2 2
3. I• Prove aal'ety 1
5
4. t0 50 7 35 8 AO 35
Iir-irwlay could be cor;Plted 7 1'5 7 35
In relativly nhcrt ti';,-.e
4 112 4 12 5 115 6 X18 51 15
5. ..orr, of crorlrnri -,rd 1
Paaturcland• 3 7121 -5 L15 _3 1_9 }
6. irelocrtion of re: idenceg i-- i -2
1 -6
nnrl bu: ine nes 3 3 _9
7. ':utof,• of
1 -9 -3 1-3 -3 1-9 -3 1_a 1
loc:lL roads-. -9
8. isolation of farmland 3 -15 -3 _g
3 4 -121
9. will_2 —6 -3 -9
wa 1
Y I•.nn:: near
Johnnon r'ourlt;; iiorr:e 3 4 f-12 -4 -12 -4 1.12
10. Inter;;ect (.reenbc
bi'rnway� l.f•s and , I —q 1-12
,I _q
11. Vehicle Pol.luti.on
r
12.Pollution 4 1 _4 -1 -4 -2
constructicn^rar°icn durin 2 -3 -6 1
13. Loss of naturn1 habitat 1 _31 —Fi _q _18 10 —2.0 -9 11=,
for certain aniral.S 2 -2 -4 -1) -2
14. Yashinf:ton and I 1 1 1
ot: r son
.ountiea wi hrve to incur 1 1
coat of -rainta.inr; route 1F -2 1 -2 -1 1 -2 1 1
1 1
15. Indtan I'oir.t nogou; will I
be iar;a,,ed 1 1
16. k,Iverce
1, r.,, q _1
17. fn-reqs^ drivi.:.: ciintance —4 —11-4 -1 -4
I a rr•ault o:' hirhway 2 I 1 1
bl-oc=;7ac" d trim con;:truc— -71-14 7 1-14
tion 1 1 7J lA -71-14
-71.14
1 I
Total 1 1 1 1
-32'
-7 -3o g •1� -14
�Annumeo hLLhwny wilt not run throui•h tho Indian Pt,
1;odulnr iion:o .'ark
Tuesd2N May 11, I978 --Iowa City Pre3s-Cftfteu--3A
'N Ap f,
#"r�ee
dIsC O s's e, a,
Iowa highway -officials of the 518'corridor;'rougW between
about.; separatiniC 'the.. Freeway -'518 Indian Lookout south of Iowa City and
project into rural and urban segmfits, Iowa Highway, 92"in Washington
proceeding, with.-the
with - the:� highway 'lm-', County include: �i%% - -,;� ::;-,' XZ4
provement,-in-rural'iJohnson zandi, '_ ' ' - - -' . .0 .... ....
Washington Counties whiledebate —BuilY.518 as planned —
on over the controversial e'a 90!3`1� 318 bypass in.: four lanes in Johnson -.County and two
the'lowa Cltyarea.j�'�t?tt;lanes �on : a..four-lane.right-of-wayi in
,-%�-
6Washington County.. on tY. Humphrey ..said
Highway planers m'e't-'wtthL tbe"City ' )"i -right-of-way for the new route already
Council Monday to ask for comments ons has been`' Sqquired - between Indian
vibatIowa City would like to see done la Lookout and Riverside.4
the 518'corridar:south of Iowa Clty'�. 2
r�N '
4N'j4I�121,1.�,, 4s4lwi�-, ,�," i.;t."Replacing6existing ,,IUghway 218
Roberti Li;Hwiphrey;: project plan- =.with anew two-lane road on a four -lane
ning engineer for the lovia Depaitnient,,! right-of-way.')'P,;";
of Transportatin n -. (DOT}; told _,4 the
Council'- the-. highway,,;,divis,on .staff--Rebading existing..,Highway.,
would Ilki tafask.the DOT Comrnjsqfonl Humphrey said. something must, be
for ago-ahead.orLthe freeway or some:,: done ..to -dangerous 'Highway -218
whether or. not the .518deal :'with' the condition --Of
other improvement an the Mghway, 218 - narrow, '
... : - - -.' , 'in
route southbf-Iowa y . - -
bypassthe
V_' Iowa City area isever built The bypass
"Before- giving- optionsi in the, comm, -would run from the Indian Lookout area
mia3lon,"Humpbrey3aid,.','weneed. to- northwest around the edge of Iowa City
know how Iowa City feils 'about it". `:' to connect with Interstate Highways 88
He said options for the rural portion - , and 380
---
Wesome a greemenil
enabling you to continue your plannInE
on the :-interaall(urban) parts :and
enabling as to,come up with some kind
or traffic; alleviation: on the external
(rural Parts).'1%_HUmPhreY_ told Council
Humphrey- . said he. already has met
with..the_b6irds of (supervisors -;:of.
Johnson and Washington Counties, to
make similar , requests foi comments.
In.. commeiUs' -on -.a_`draft.ien-
vironmental Impact tstatement od'the
highway project circulated earlier this
year, both the Iowa City Council and the
Johnson County. supervisors expressed-
disapproval..of .the` freeway project.
althoughneither " ruled 'but ' Im-
provementvalong,'the?llighway 218
route in rural areas. :>_ _-4'1 _.L; 4-nAZV
Mayor 112ry-C., Neuhauser pointed
out that traffic projections for an area
transportation-study-�!sbow, the -518
bypass would have."no, positive impact
on Iowa City.", The projections showed
518 would not relieve traffic congestion
on Highway 6-218 in- Iowa City,- but
would add traffic to Iowa City streets
such as Melrose Avenue.
Oty of Iowa CityMEMORANDUM
DATE: March 24, 1976
TO: Bob Bowlin, Asst. City Attorney
FROM: Angela Ryan, Law Clerk
RE: The Constitutionality of a Three Year. Amortization Period in a
Municipal Sign Ordinance
The United States Supreme Court outlined the general limitations
on a city's exercise of the police power through a zoning ordinance
in Euclid v. Ambler Realty Company_, 272 U.S. 365, 395 (1962):
"It must be said before the ordinance can be declared unconstitu-
tional, that such provisions are clearly arbitrary and unreasonable
having no substantial relation to the public health, safety, morals,
or general welfare." If a city's exercise of the police power
through a sign ordinance exceeds this limitation it will be deemed
an unconstitutional taking of private property in violation of the
due process clause of the Fourteenth Amendment to the United States
Constitution. There is no set formula to determine where a regula-
tion ends and taking begins. Goldblatt v. Hempstead, 369 U.S. 590,
594 (1.962). It is determined by a standard of reasonableness: The
court balances the importance of the public gains against the extent
of private loss. In addition, a sign ordinance must be reasonably
definite in the terms used; it must not delegate legislative power
to administrative officials; and it must set specific standards to
guide their actions. The classifications must have some rational
basis, and the restrictions must be uniformed throughout each
district. Municipal Corporations: Sign Control through Municipal
Zoning Ordinances, 27 Okla. L.R. 735 (1974), p. 739.
Sign Ordinances based on Aesthetics
Early ordinances regulating billboards were upheld as valid
exercises of the police power because billboards were likely to be
blown over, were dumping grounds for waste, concealed criminals,
and obstructed light and air. Today the same facts are not present
to justify sign regulation 1xised on common law nuisance. Consequently,
it is becoming more apparent that: aesthetics .is the Basis for sign
control ordinances.
only a few jurisdictions recognize aesthetics alone as a valid
basis for exercising state police power. Florida, Hawaii, Kentucky,
'Jew York and Oregon fall within this category. Courts tend to uphold
aesthetic regulation more readily where the ordinance is designed to
preserve an area of natural beauty or one of historic or architectural
significance. Bohannan v._ City of San Diego, 106 Cal. Rptr. 333
(1973). Others mix aesChetics with general. welfare in the economic
sense - for example, protection of property values. Leighty,
Aesthetics as a Legal Basis for Fnvironmental Control, 17 Wayne L.R.
1347 (1971). However, most courts consider aesthetics as only a
factor to be considered. If the aesthetic objectives are secondary,
many courts have gradually adopted the view that regula-
Bob BOWlin, As -t. City Attorney -2_
® • March 24, 1976
tions which tended to perform some of the traditional health or safety
functions of the police power would not be invalidated merely because
it also served an aesthetic purpose. Naegele Outdoor Advert'sing v
Village of Minnetonka, 162 N.W.2d 206 (1968); Stoner MCCray v. city of
Des Moines, 78 N.W.2d 843 (1.956).
The approach of the New York Court of Appeals in Cromwell v. Ferrier,
225 N.E.2d 749 (1967) has been cited with approval. In upholding the
sign ordinance based primarily on aesthetic considerations, the court
stated that the exercise of the police power should not extend to every
artistic conformity or nonconformity. Aesthetic considerations must
be substantially related to the economic, social and cultural patterns
of a community. The eye is entitled to as much recognition as the other
senses but the offense must be substantial and have a material. effect
on the community. Id. p. 735.
The court also stated that circumstances, surrounding conditions, and
social attitudes do not alter the constitution, but they do alter a view
of what is reasonable. Restrictions upon the use of property, which
were deemed unreasonable in 1909 are regarded today as entirely reasonable
and natural. Id. p. 756.
Regulating the Off -Premises Sign.
An off -premises sign advertises goods or services not offered for
::ale on the same premises as the sign. The most common example is the
hillboard. The most common example of the on -premises sign is the
business identification sign. The distinction between these two types
of signs has long been recognized and their separate classification
and regulation in a comorehens.ive sign ordinance is justified. United
Advertising Corporation v. Borough of Raritan, 93 A.2d 362, 370 (1957).
Ordinances which merely regulate off -premises signs or which prohibit
them from some but not all districts of a city generally have been. held
valid. In Schloss v. Jamison, 136 S.E.2d 691 (1964), the court upheld
an ordinance which prohibited billboards but permitted on -premises signs
in the downtown district. Off -premises signs may be excluded from
residential districts because of their effect on the welfare of residents
and their depreciation of property values. Grant v. Mayor and City Council
of Baltimore, 129 Atlantic 2d 363, 371 (1957); Naegele Outdoor Advertising
Co;npa-2y1].laye of Minnetonka, supra.
if an ordinance prohibits all off -premises signs within a municipality
of substantial size, it is likely to be found unreasonable and invalid.
N„rn_tc Corp. inc. v. 7.anin9 Ha_ird of Ad:;t_ment-, 207 Atlantic 2d 890
(1965). However, a city-wide ban on off -premises signs has been allowed
in communities which are small and predominately residential. Cromwell
v. Ferrier, supra. 'Phe regulation of size, height, spacing, aria set back,
of off -premises :;igns is within the police power of a city. Sun Oil Com-
p•"ny v. City of Madison Heights, 199 N.W.2d 525 (1972). ---'--
Bob BOwlin, A0 City Attorney -3_
• March 24, 1976
Nonconforming Si ns
While a sign ordinance may be effective in controlling the types
of signs erected in the future, a persistent problem has been the elimin-
ation of existing signs made nonconfor
ordinance. ming by the enactment of the
A nonconforming use is one that existed and was lawful
when the restriction became effective and which has continued to
exist since that time. Board of Supervisors v. Miller, 170 N.W.2d
358, 361 (1969). The general rule is that "a zoning ordinance is
invalid and unreasonable where it attempts to exclude and prohibit
existing and established uses or businesses that are not nuisances".
McMillan, Mun. Corp. 1965 Rev. Vol., sec. 25.181, p. 9.
There are various ways a municipality can eliminate nonconforming
uses. It can exercise its power of eminent domain to condemn the signs.
Since this would require payment of compensation to the sign owners, it
has been viewed as financially impossible. A municipality can prohibit
or limit repairs, but it will take too long to phase the signs out.
can prohibit resumption of nonconforming uses after a period of aban-
It
donment. However, since a nonconforming use has an artificial monopoly,
it is unlikely that it will be abandoned. A municipality can exercise
its police power to eliminate signs which constitute a common law
nuisance. This would apply to very few signs.
Finally, it has been reasonably determined that the only effective
method of eliminating nonconforming uses is to require removal of
the offending structure after a specified period during which the owner
is allowed to amortize his investment. City of Los Angeles v Gage,
274 P.2d 31, 41 (1954).
The fundamental constitutional issue is whether requiring signs to
comply with an ordinance within a specified period constitutes a taking
of property without just compensation within the meaning of the Fourteenth
Amendment. The resolution of this issue often reflects the perspective
from which the amortization provision is viewed, Judges who have invali-
dated amortization provisions view it from an eminent- domain perspective.
They hold that amortization is invalid on its face because private
Property is taken without compensation and that property rights vest
absolutely once the use of the property has commenced. Consequently,
a use lawful at the time a zoning ordinance is enacted is immune from
any exercise of the police power. Any taking or amortization of vested
property rights except in cases of nuisance requires an exercise of
the Power of eminent domain and payment of just- compensation. Miller,
suPra (dit:sent); Hoffmann v. Kinealy, 389 S.11.2d 745 (1965).
"We are in danger of forgetting that a strong public desire to improve
the public condition is not enough to warrant achieving the desire by a
shorter cut than the constitutional way of paying for the change."
Mr. Justice Holmes in Pennsylvania Coal Company v. I•tah
43 S.Ct. 158 (1927_) . on, 7.60 U_5. 393, - - —
Bob BOWlin, A* City Attorney -4-
• March 24, 1976
Proponents view amortization from the police power perspective.
Zoning is an exercise of police power delegated by the state to
municipalities. In the enactment of such ordinances a municipality
exercises vested legislative powers attended by a strong presumption
of validity. The burden to prove that the ordinance is unreasonable,
arbitrary, capricious or discriminatory is upon the one asserting the
invalidity. The court will not substitute its judgment for that of
the municipality if it is acting reasonably within the scope of its
authorized police power. Board of Supervisors v. Miller, supra, p. 360.
Property rights do not vest absolutely. Rather, it is recognized
that all zoning impairs existing property rights to some extent by
restricting prospective uses of property already owned. Village of
Euclid v. Ambler Realty, supra (upholding a zoning restriction that
reduced the value of a vacant lot from $10,000 to $2,500 per acre).
Also, uses of property are restricted by provisions in zoning ordinances
which prohibit altering, expanding or repairing a nonconforming use.
Therefore, the distinction between an ordinance restricting future uses
and one requiring the termination of present uses within a reasonable
period of time is seen as merely one of degree. The police power
analysis used in Village of Euclid to validate prospective zoning is
used to validate retrospective zoning. The Supreme Court in Pennsyl-
vania Coal characterized the difference between a valid exercise of
Police power and an invalid taking without just compensation as one
of degree. Pennsylvania Coal, r;upra, p. 413 - 41.6. To determine if a
regulation constitutes a taking, courts balance the private loss against
the public benefit. In balancing courts seem to consider independently
the magnitude of the private loss. "P7hen it (the extent of the diminu-
tion in property values) reaches: a certain magnitude, in most if not
all cases there must be an exercise of eminent domain and compensation to
sustain the act." Pennsylvania Coal, supra, p. 413. Courts will not:
sustain ordinances which require noncomforming uses to terminate imme-
diately, even though the public gain outweighs the private loss.
Stoner McCrav System V. City of Des Moines, supra. However, National,
Advertising Company v. County of Monterrey, 464 Pa.2d 33, 83 Cal. Rpt.r.
577 (1970), implied that signs which are depreciated fully for federal
tax purposes at the time the ordinance is enacted can be required to
terminate immediately. Usually they require a reasonable amortization
period to mitigate the private loss. This approach may be unsatis-
factory if a large investment would require too long an amortization
period. Amortizat..ion clauses .in municipal sign ordinances, howeverare
not inva]:i ria ted by for_nv,
ing on Che magnitude of the private loss standing
by it -self because investments in signs rarely exceed $10,000, signs
are normal Ly removable, and amortization periods in sign codes rarely
exceed ten years. Amortization: a Constitutional Means to Eliminate
Nonconforming Municipal Signs, 54 Oregon L.R. 224, p. 230 (].975).
In ascertaining the extent of public benefit, the court will deter-
mine the sign's aesthetic quality and compatibility with its surroundings,
its effect on traffic safety, property values, the local tourist industry,
the generaleconomy, and the significance of uniformity. Central Adver-
tising Comrany v. _Ci.ty of Ann Arbor, 201 N.W. 2d 365, 369 (1972); Nae e]e
Outdoor Advertising_ Company v. Village of Minnetonka, supra, p. 21
Bob 8owlin, As City Attorney -5_
• March 24, 1976
In determing private loss, the court will consider the amount
Of the owner's original .investment; the sign's present market value;
the sign's salvage value if the ordinance precludes any further use
of the sign; the expense involved and the loss of revenue that can
be attributed to moving the sign or modifying it to conform to the
ordinance; and any increased income received by virtue of the artifi-
cal monopoly created for the sign during the amortization period.
Art Neon Company v. City and County of Denver,
118 (1973); Cit of (10th Cir.) 488 F.2d
._Y L°--- s Angeles v• Gage, supra.
In Grant v. Mayora_ and City Council, supra, the court held
five year amortization period fovalid a
for _billboards in residential districts.
The factors considered by the court in the balancing
depreciation of property values caused by the test were the
nonconforming signs,
the extent of increased comfort and welfare of the residents to be
gained by removal, the .length of the depreciation period for tax
Purposes used by the sign company, the length of the sign company's
leases, the percentage of billboards owned by the company that would
be required to be removed, and the ability to move the billboards to
other locations. The court also evaluated the loss to property owners
who had leased ]and to the sign company, considering the loss of rental
involved and the availability of the land for other uses.
The simple fixed amortization schedule is likely to be most
successful. In Art Neon Company v. Cit and Count
the provision for differin Y of Denver, supra,
different replacement costs measuredor amortization the date for signs having
ing was invalid as having no bearing on the landowner's Proby became
nlem, n, nonform-
the sign owner's situation nor on the Cit 's probor
valid the straight five Y position. The court held
year amortization limit for all signs after the
varying time limits were removed. It also upheld an amortization provi-
sion with regard to flashing, blinking, fluctuating, animated or porta-
ble signs which required the termination of these aspects of the sign
within thirty days.
Amortization clauses permit sign owners to retain their signs for
specified periods. Proponents of amortization allege that the property
owner recovers his investment during this period. Critics contend
that amortization periods do not result .in compensation because they
only continue for a time rights that sign owners already had and would
have retain -•d indefinitely in the absence of the ordinance. The
recovery allowed under Federal tax law may be less than potential profit
from the sign if the amortization period is shorter than
life of the sign. the useful
Amortization in Towa.
Amortization has been considered twice by the Iowa Supreme
Tn Stoner McCray System v_C.,t Court.
the court held as Y of Des Moines, 78 N.W.2d 843 (1956),
unreasonable
boards. a t.wo year amortization period for bill -
It noted a trend toward zoning for aesthetic purposes and
Bob Howlin, As* City Attorney -6- • March 24, 1976
stated that it could he an auxiliary consideration where the zoning
regulation has a real or reasonable relation to the safety, health,
morals or general welfare of the community. However, it is necessity
alone which justifies the exercise of the police power to take private
property without compensation. Id. p. 848,
Most Significantly the court cited City_ of Los Angeles v Gage,
supra, which upheld the discontinuance of a nonconforming use, a plumb-
ing business in a residential district, within a five year period: "We
do not wish to infer herein that under certain circumstances a munici-
pality could not provide for the termination of nonconforming uses,
especially if the period of amortization of the investment was just and
reasonable, and the present use was a source of danger to the public
health, morals, safety or general welfare of those who have come to be
occupants of the surrounding territory."
However., its holding was based upon traditional eminent domain analy-
sis. Since the signs were not a nuisance per se and plaintiff had a
vested interest or property right, they could not be interfered with or
taken without just compensation. In so far as the ordinance attempted
to prohibit or deny the use or maintenance of existing legally estab-
lished structures, it was held invalid.
The decision in Board of Supervisors v. Miller, supra, suggests a
trend away from the unanimous Stoner opinion. Since the court in Miller
was equally divided, the lower court decision allowing amortization was
upheld, but it cannot be relied upon as precedent. Iowa erode 684.10
provides: "When the court is equally divided in opinion, the judgment
of the court below shall stand affirmed, but the decision is of no
further force or authority, but in such cases opinions may be filed."
The majority relied heavily upon Gaye to uphold by operation of law
a five year amortization period for an automobile wrecking establishment.
In balancing public good against private loss, it described junked
automobiles as a health and safety hazard. It held that defendant had
made no showing relative to his business investment, the value of any
improvement -s on Lhe land, the extent of hardship if any in complying
with the disputed ordinance. The amount of defendant's investment
though not necessarily determinative is one element to be considered
against public health, safety, morals or welfare. Id. p. 364. The
dissent repeated the reasoning of Stoner McCray. Vested rights in
property wn re being taken from the owner without compensation. No
effort had been male to enjoin the business as a convnon law nuisance.
Amortization was viewed as an unconstitutional taking which was vali-
dated by postponing the taking and by not taking too much. Id. p. 367.
With the growing trend toward acceptance of amortization throughout
the country and it.s acceptance by four Justices in Miller, it is possible
that a municipal a:ign ordinance with a reasonable amortization period
might be upheld in Iowa.
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