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HomeMy WebLinkAbout1983-07-19 Info PacketCity of Iowa City MEMORANDUM Date: July 14, 1983 To: City Council From: City Manager Re: City Council Meeting with Developers and Builders During your recent informal meeting at which developers and builders were present, a number of questions arose which were referred to City staff for response. Each question or issue is repeated in the text and followed by a response. The responses are based on information provided by staff from Planning & Program Development, Housing & Inspection Services, Parks and Recreation, Transit and Finance Departments. I. Planning & Program Development 1. Organize new zoning ordinance with all requirements for a zone in one location or prepare user guide which organizes the information in that manner. A direct comparison of the new ordinance with the old ordinance will reveal that the new ordinance was developed with most of the regulations for a zone in one location, unlike the present ordinance. The new zoning ordinance includes all of the specific requirements applicable to a specific zone under that zone. All the permitted uses, provisional uses, special exceptions and dimensional requirements, including minimum lot area, width and frontage requirements; minimum front, side and rear yard requirements; and the maximum height and lot coverage of buildings, are in one location. In the present ordinance, the permitted uses are located in one section, the provisional uses in another section, the minimum lot area, width and frontage requirements in another section, the minimum front, side and rear yard requirements in another section, and the maximum building height is located in yet another section. There are certain regulations in the zoning ordinance which are not unique to a particular zone but are applicable to a certain use regardless of the zone in which the use is located. These provisions are referred to as the general provisions of the zoning ordinance and are contained in one separate section of the ordinance. Parking, for example, is a requirement which pertains to a particular use not to a particular zone. Consequently, the parking requirements for uses are located in the general provisions section of the ordinance. The same is true with performance standards, tree regulations, signs, etc. To simplify locating the general require- ments applicable to uses, each zone lists the general provisions which are applicable to uses in that zone along with the section and page number for easy reference. MICROFILMED BY ;}h' '.JORM MICROLAB _f. � CEDAR RAPIDS•DES �IAOIN ES J ki F It is possible to place all of the regulations which pertain to a particular use in a particular zone under the requirements for the zone in which the use is located. However, with that change the ordinance would consist of many more pages. The general provisions are located from page 112 to page 165 in the most recent draft of the new ordinance, a total of 53 pages. If the general provisions were to be included under each zone there would have to be an additional 1,060 pages (53 X 20 zones) in the zoning ordinance. The staff's intent was to simplify the format of the new ordinance by placing all of the zonal requirements specific to a zone under that zone and all the general requirements together under a separate section in the ordinance. The present format seems to be the best approach. 2. What is appropriate time for requiring permanent easements on plats? If provided on the plat only when improvements are accepted, actual easements would be shown. The staff has been in contact with all the utility companies, and all would prefer to require that easements be obtained prior to final plat approval. The staff recommends that this procedure be continued but that the utility companies give more serious consideration to acquiring only those easements necessary for the actual placement of utilities. It is the staff's opinion that all rights to the use of private property should be illustrated on the final plat, a plat of permanent record. Final plats are on file both at the Civic Center and at the courthouse for reference by property owners. It is the single most accessible and complete record of private property. If the easements, as well -as other information of importance, are not shown on the plat, the property owner is less likely to know what easements exist on his/her property that are available for use by others. 3. Rather than adopting a new zoning ordinance, provide greater flexibility in existing zoning ordinance, particularly in housing areas by providing for greater mix of uses. The existing zoning ordinance is very "flexible" particularly as to a mixing of uses. The M1 zone, for example, permits "any use except those uses specifically confined to M2 Heavy Industrial..." This is one reason that a new zoning ordinance is being considered. It is evident that a mixture of certain uses can be damaging. It would be very difficult to convince the property owners in the College Park area, in the vicinity of 521 Kirkwood Avenue or those on Wheaton Road that the zoning ordinance should provide for a greater mixture of uses. It was MRC and ACT which expressly stated that in adoption of the ORP Office and Research Park Zone that such uses should be exclusive to that zone. There was concern by these establishments that "other" uses would be incompatible with them. The same is true with the central business Gi MICROFILMED BY t+4 IJORM MICROLAB CEDAR RAPIDS -DES MOINES J. 3 district. We would be remiss to allow, for example, auto oriented uses in the downtown area so as to interrupt the shopping pattern in the business district. The new zoning ordinance is proposed with more of a homogeneity of uses to reduce the incompatibility of conflicting uses. 4. Continue to use present zoning classifications for developed area of city and use new zoning classifications for undeveloped land. Two sets of zones could be used, but there is some question as to the feasibility. First, if you add the 19 present zones to the 20 proposed zones, there would be a total of 39 zones and the associated regulations. Obviously, the ordinance would be exceedingly complex and confusing. Many of the proposed zones of the new ordinance are very similar to present zones. The RS -12 zone, RM -12 zone,,RM-44 zone, CO -1 zone, CB -2 zone, CB -5 zone, and ORP zone are all very similar to present zones under the current ordinance, primarily for the purpose of keeping the zoning of most of the developed areas essentially the same. The difference between the present zoning classifications and new zoning classifications would be very confusing if contained in the same ordinance. Finally, it would be very difficult to legally defend two sets of zones many of which would have only very subtle differences. Could one justify, ifor example, an R3 zone in one part of the community and an RM -12 zone, which is very similar to an R3 zone, in another part of the community, perhaps side by side? 5. Using new zoning classifications, ask landowners preference for i classification and integrate with city needs. j The staff was not entirely sure of the meaning of this statement. j Generally speaking, the purposes of zoning are two -fold: (1) to protect I the public health, safety, morals and general welfare and (2) to implement + a comprehensive plan. According to Section 414.3, zoning "shall be made in accordance with a comprehensive plan..." The City, of course, is interested in a strong economic climate and seeks to fulfill the property owners wishes to the extent that the zoning classification of property owners' land is consistent with the stated purposes of zoning mentioned above. 6. Adoption of zero lot line ordinance. i The proposed zero lot line ordinance was included in the Council packet of July 8, 1983, and has been referred to the Planning and Zoning Commission for formal consideration. 7. Present PAD process works well. Is it possible to add flexible standards which would permit continuing use of present PAD rather than adoption of new OPD -H classification? /d�SL MICROFILMED BY t±i 'JORM MICROLAB fj I CEDAR RAPIDS -DES MOINES r J J_ If the City Council is interested in retaining the PAO provisions of the present ordinance except to add flexible standards, the staff would recommend that the standards of the proposed OPD -H zone be incorporated in the PAD provisions. B• Develop paperwork and time reduction scheme for planning process, i.e. plats, PAD's, etc. Within the last three months the Urban Planning Division developed two new procedures for reviewing Planning and Zoning applications. Both serve to expedite the review process and lessen the number of documents which must be submitted by an applicant. Both procedures, implemented shortly, should eliminate much of ththe second of which will be e concern. The staff developed a brochure to inform developers of what to expect when submitting a project for review and to formalize a routing and staff review procedure. By establishing a structured review in which the developer and the staff know what is expected of them and when, an application can move quickly and smoothly through the system. With this application may move through the Planning and Zonin process a development and one-half weeks process in two weeks and one day. An additional two needed to place the items on the Council agenda for passage by resolution. This second time period is a function of the Council's meeting schedule and the compilation of the agenda. The speed of the approval process throughout is dependent upon the completeness and accuracy of the original submittal and whether or not there are any major issues surrounding the development of a piece of property. The handling of submittals of plats and plans is being modified so the original submittals are filed with the City Clerk with the multiple copies required for review by staff and for the Planning and Zoning Commission. The number of copies requested for the original submittal assumes a complete and accurate plat or plan which will be forwarded to The Commission. Any necessary revisions will be submitted directly to the planning staff with copies required only for planning and engineering. Again the iterations of submittals and thus the number of documents generated is dependent upon the completeness and accuracy of the original submittal. The application form outlining the documents required for each application will be revised to'reflect only the minimum number of copies of each document needed for an original submittal. duplicate copies of various documents are requestIt should be noted that ed to expedite the process through simultaneous review by different City departments. 9• Is it possible to reduce parking requirements in densely developed/populated areas adjacent to CBD, University and University Hospitals? It is, of course, possible to reduce parking requirements in such areas, but the question is whether or not they should be. Some developers have / 17ZS�- (j MICROFILMED V I '.JORM MICROLAB CEDAR RAPIDS -DES 1401NES f J J r— s indicated that if the parking requirements were reduced for high rise apartment buildings, they would become a reality in these areas. And at least as early as 1974, it was anticipated that by reducing parking requirements for businesses in the central business district service (CBS) zone, a higher intensity/density of uses in these areas would result. There is logic to this rationale. Reducing the parking requirements is being discussed as part of the new zoning ordinance review process. One consideration is to reduce parking requirements for high rise residential development to either 1 or 3/4 parking space per dwelling unit. This standard would apply only in the RM - 80 zone as an incentive to encourage high rise development. i Another consideration being discussed is to allow the required parking to be reduced through special exception procedures in the proposed CB -2 zone. This procedure allows a property owner, who can show to the Board of Adjustment that not all of the required parking is necessary, a reduction I in the amount of required parking. j 10. Is it desirable to increase percentage of parking lot spaces allocated to j small cars (compact vehicles)? It is desirable to permit a percentage of the required parking spaces to be designed for compact vehicles. Recently, the Council amended the parking requirements to allow up to 1/3 of the required parking to be for compact vehicles. This new standard was adopted in April of this year. The Planning and Zoning Commission has discussed the Permitting up to 1/2 of the required parking to be for compact vehicles. Possiility Since there are no local parking surveys of auto use by vehicle class, the Commission was hesitant about recommending a 1/2 allowance for compact ( vehicles at this time. A survey of communities conducted by the American Planning Association, regarding zoning provisions for compact cars, indicated an allowance of 30% or less of the required parking appropriate for compact vehicles. II. Housing 8 I_ n�gan Services E 1. "Why can't a garage connect two duplexes?" The question was along the line of "...Why can I wire a duplex with romex but if I want to attach two duplexes together with a garage, I can't do it unless I put the wire in conduit?" The answer lies in the fact that the Iowa City Electrical Code allows one and two family homes to be wired in romex but mandates that larger dwellings (three dwelling units or more) must be wired in conduit. The question can only be addressed as a single structure, a fourplex apartment, and not "two duplexes." MICROFILMED BY y tai 'JORM MICROLAB t I{(p CEDAR RAPIDS -DES MOINES r I 11 Solutions: (1) A developer could build two separate duplexes wired in romex with each structure having its own main electrical disconnect and construct an unattached garage servicing both structures. (2) The Electrical Board could recommend a change to the Iowa City Electrical Code to allow for romex wiring in all multi -family housing or multi -family housing of a certain size or type of construction. 2. "Building permit fees. Some cities charge a single fee which covers all aspects of the project, i.e., structural, plumbing, and HVAC. What are the advantages/disadvantages to City and builder of current system vs. single fee." Advantages (1) Paperwork and administration would be simplified. (2) The City would be assured of getting an electrical, mechanical and plumbing permit on all remodeling projects where a building permit was issued. Disadvantages (1) The current codes would have to be amended since the Iowa City Electrical and Plumbing Codes require a licensed tradesperson to obtain the permit.. The only exception is in the Electrical Code where an owner/occupant of a single family dwelling may be issued a homeowner's electrical permit but only after having successfully completed a written examination. (2) Information upon which the issuing of electrical, plumbing, or HVAC permits is based is not always available when a building permit is applied for or even issued. Delay in beginning construction could result if all this information is required up front. By contrast, foundations, footings, etc. can be constructed before plumbing and electrical systems designs are complete. This is a definite advantage to the builder. 3. "Re-examine all construction standards re: cost/benefit ratio, including plastic instead of cast iron watermain, and romex v, conduit." (a) The Board of Electrical Examiners and Appeals is the responsible entity to review the Electrical Code and make recommendations to the City Council. (Ordinance 78-2884). After an earlier discussion with the City Manager, it was agreed that the code section mandating apartment complexes to be wired in conduit should be reviewed at a public meeting of the Electrical Board. A meeting has been scheduled for Tuesday, July 26, 1983. MICROFILMED BY tk, ,JORM MICROLAB 'CEDAR RAPIDS-DES'MOINES r J II t (b) The Board of Examiners of Plumbers was created under Chapter 28, Article II of the Iowa City Code of Ordinances to license plumbers doing business in Iowa City. Although not specifically stated in the duties of the Board, it is an understood requirement that in order to license, monitor and discipline persons engaged in the work or business of plumbing, that the Board would have to advise the City Council on matters of code development and procedures and assist the staff in interpreting the plumbing code. Although plastic pipe is allowed as water service piping in the Uniform Plumbing Code enacted by the state, the Plumbing Board has decided not to carry that permission into the Iowa City Plumbing Code. The question of plastic pipe was discussed at a public meeting of the board held on May 3,•1983, during which it was decided not to allow alcontr versy water ponethe for bacterial three reasretention Cofiplasticis embroiled in expansion and contraction of plastic has caused hanging and fastening problems, and (3) the ease of cutting make tampering by public very easy and may compromise the health and safety of the plumbing system. As soon as the report is received from the electrical board, it will be referred to the City Council. 4. Energy audit. Is there a more efficient way to provide certification? Currently, builders must pay ;45-;60 for engineering certification. j On May 19, 1983, the Iowa State Building Code Advisory Council met in Des Moines updated to nsta a codes duct the second regulatory and nAfterthec al caring the adoption of hearing it was recommended that the proposed regulatory codes be adopted. One of these regulatory codes is the Model Energy Code, 1983 Edition. This is the propsed code is entirelypreferredd fferentcodeifrom our current state standards. ThIn addition to this edoptean proposed code prescriptiveinstead of aperformancetate hasameasured code f eld reviewer For whsone and two family dwellings instead of doing a BTU heat loss calculation as presently required, the proposed amendment provides that with a maximum area of 15% double glazing in a wall section, if the walls are provided with an R20 rating in the exterior walls, R35 in roof/ceiling assemblies, and R20 in floors over unheated spaces, the structure will then be in compliance. This can easily be reviewed by existing code enforcement be personnel throughout the state. It is anticipated that the ordinance will mito late Aust. Whie this amenment will require a moreapplies published only to one and twon family dwellings 9 build ngsl larger thand dthat isticated engineerill to de ermine energy codehefficie cy.approach There are several exitect eptionor s In the code that can be used when implementing such things as solar, passive solar, triple glazing and numerous other aspects. To read and understand those trade-offs one almost has to be a professional in that field. /75� r _ 1 MICROFILMED BY I ',JORM MICRO_ LAB j Il CEDAR RAPIDS -DES MOINES L- LI III. Parks and Recreation 1. Why does the tree ordinance prevent first 20 feet of front yard from being used as parking? There are no specifications in either the Forestry section of the City Code or in the Zoning Ordinance 8.10.40 (Tree Ordinance) which deal with or Prohibit this use. However, in the Zoning Code 8.10.25 0&E, there are provisions for regulating the use of this area for parking. 2. Compatibility of tree and parking ordinances. We are experiencing problems with the general wording of the ordinance, and with Section 8.10.40.7, specifically the requirements for the number of trees per square foot of building, and the sizes of parking islands required for commercial or residential parking lots. The staff will complete 8 review of the ordinance by the end of the year. ' 3. What is status of tree ordinance review, trees for smaller ornamental trees? Particularly substituting large This review and recommendations will be completed by the end of the year as stated above. IV. Finance es to the I. assessments bonds to fund subdivision iimprovements? or using special State law provides cities with the authority to assess private property for the cost of construction and repairs to public improvements. Public improvements include items such as sewers, streets, streetlighting, sidewalks and water mains/extensions. The primary advantage derived from the use of special assessments is the ability to spread the property owner's assessment payment over a ten Year period. The City may sell special assessment bonds to finance the improvement project cost; those bonds are subsequently paid off from the assessments paid by the property owners. Conventional financing for public improvements to undeveloped property may be difficult to acquire and typically commands a higher financing rate. Therefore, it may be to some developers' advantage to use the special assessment financing mechanism, but each situation must be reviewed closely to determine if a financial benefit exists. The additional paperwork and legal requirements both complicate the process and add additional costs. Total project costs to be assessed to the property owner includes not only design and construction costs but also legal costs for the City's bond attorney, bond issuance cost, interest costs for interim financing and a default fund. Interim financing is required during ATL - K± MICROFILMED BY '.JORM MICROLAB CEDAR RAPIDS -DES -MOINES J. 0 construction because State law prohibits the issuance of special assessment bonds until construction is completed and the actual total project cost/assessment amount is known. The default fund, in an amount up to ten percent of total cost, is added to provide sufficient funding from the assessments to guarantee full payment of the bonds in case there are deficiencies in or defaults on any scheduled assessment payments. Although the addition of the default fund is optional, it must be added to avoid having the City front-end ten percent of the project cost. State law specifies that bonds may be sold for only 90 percent of the total project cost unless a full ten percent default fund is included. This provides protection for the bond holders in case of default on the assessment. Since the City would have to fund the ten percent of costs from operating revenue and would be guaranteed repayment over a ten year period, it is not fiscally prudent for a city to forego the default fund unless it is able to set aside sufficient operating revenues to fund the ten percent of the project cost. The maximum interest rate on special assessment bonds is 12 percent and that, in spite of any additional costs derived by the special assessment process, may reduce financial costs enough to make this option economically feasible to a developer. If a developer expected to sell all of the lots in a subdivision within one to two years, it is unlikely that the use of special assessments would prove beneficial. It is not a legal requirement that the total assessment amount be paid when a lot is sold, but that usually happens because buyers typically would not look favorably upon picking up the responsibility for nine or eight years of assessment payments. Therefore, the advantage would appear to decrease if the lots were expected to be sold within the first two years after the improvements were made. The special assessment process is complex and does require a great deal of City staff time for the coordination of each project. That staff time is not legally reimbursable by the developer and thus is an expense incurred by the City. V. Transit Can bus service be provided in the area of Amhurst and Washington Street? The route can be changed to use Amhurst and Washington rather than Hastings. These items are scheduled for discussion on July 18, 1983. If you wish further information prior to your discussion, please contact me. cc: Iowa City Homebuilders Association /7LL '. do- �„ MICROFILMED By ;1 ',JORM MICROLAB CEDAR RAPI DS- DES MOINES r i J --1 City of Iowa City MEMORANDUM Date: July 15, 1983 To: City Council From: Dale Helling, Assistant City Manager Re: Freeway 518 Screening At your meeting on July 5, 1983, the question arose as to whether or not any of the City's agreements with IDOT contained provisions for screening for residential or other developments along the Freeway route. A thorough examination of the agreements and other documents yields the following: On December 20, 1979, Council discussed the status of negotiations to date with IDOT regarding the project. Council indicated that the issue of screening and a sound barrier for Ty'n Cae be raised in these negotia- tions. It was noted that the noise level would be equivalent to 70 decibels. The minutes of Council's informal meeting on January 17, 1980, indicate that this matter was again discussed and it was conveyed to Council that because the noise on Mormon Trek will be less than 70 decibels, IDOT would not take measures against noise. However, IDOT had agreed to do landscaping. Only one provision in the agreement between the City and IDOT addresses the provision of any plantings along the relocated Mormon Trek Boulevard. This is in subsection (e) of Section 2 (involving modifcations and clarifications) and it states: "The Department of Transportation will also provide plantings along the relocated Mormon Trek Road in accordance with the construction/design plan sheet number 7." The referenced construction/design plan sheet M7 provides for only normal 'landscaping between Freeway 518 and relocated Mormon Trek and does not address plantings for screening purposes. It provides for a total of 92 trees of various species. These would have limited visual impact but will not function effectively as a sound barrier. I can find no other reference in the agreement or in the file pertaining to screening. tp4/10 /'{53 r Y; 4, 1 MICROFILMED M t+h' 'JORM MICROLAB CEDAR RAPIDS -'DES MOINES r J. 1 C D City of Iowa City MEMORANDUM Date: July 15, 1983 To: City Council From: Dale Helling, Assistant City Manager Re: Bicycle Regulations in Iowa city Attached please find copies of various communications between Mr. Shelley dated July 8, 1983, from otheiTraff c Engineerand the Assistant uded is a memoAssistant Transportation Planner containing recommendations regarding the various issues raised by Mr. Plattner in recent weeks. As per Council's request at the time you received petitions from Mr. Plattner, this matter is being scheduled for informal discussion at Your meeting on July 18, 1983. Staff will be present at that time to Provide any additional information you may wish. tp5/5 cc: Jim Brachtel Jeff Davidson MICROFILMED BY JORM MICROLAB I CEDAR RAPIDS.DES MOIN6 J City of Iowa City MEMORANDUM Date: July 8, 1983 To: Dale Helling, Assistant City Manager From: James Brachtel, Traffic Engineer Jeff Davidson, Assistant Transportation Planner Re: Bicycle Concerns of Shelley Plattner This memo is to respond to the concerns expressed by Mr. Plattner regarding the certain current signage and marking practices for bicyclists in Iowa City. Remove Existing BICYCLISTS USE SIDEWALK Signs On All City Streets. Mr. Plattner has indicated that these signs represent a hardship for proficient commuting bicyclists. Mr. Plattner has suggested that they be removed so that bicyclists have the option in residential areas to use either the street or the sidewalk/bikeway. Mr. Plattner's point is valid and upon reflection the change as proposed by Mr. Plattner would benefit conhuting bicyclists and still offer the recreational and/or less than proficient bicyclist the opportunity to choose whether to continue in the street or use the sidewalk. This proposed change could benefit the commuting bicyclist while not necessarily altering the intention of the City in those locations where BICYCLISTS USE SIDEWALK signs are presently in place. It is suggested that Mr. Plattner's suggestion be acted upon. Mr. Plattner's Suggestion to Remove Bike Lane Markings from Market 8 Jefferson Streets. The suggestion of Mr. Plattner is consistent with his desire to integrate commuting bicyclists into the mainstream of automotive traffic. This intention may be appropriate for those proficient commuters whom he represents. With the closure of Central Junior High School next school year, it may be appropriate for the City to experiment with an alternate form of pavement marking along the one-way couplet of Market and Jefferson Streets. There are two principal alternates to the present marking. The first alternate would be to discontinue the provision of a separate bike lane on the left hand side of both Market and Jefferson Streets and to alter the position of the center line of these two facilities so as to provide a nominal twelve foot driving lane on the left hand side and a wider than twelve foot lane on the right hand side of the center line. This wider than twelve foot right hand lane would accommodate the mix between bicycle traffic and automotive traffic. This revision could be implemented during the painting season of 1984. (� I MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOIIIES r 1 J A second marking alternative would be to mark as noted above with the addition of a marked bike lane on the right hand side of the right vehicular lane. In certain areas of Jefferson Street and Market Street, this marked bike lane would be between the traveled lane and a lane of parking stalls. Again, this alternate could be implemented at the beginning of the 1984 painting season. Either of the alternates noted above could be implementd on a one year test basis to monitor the operational characteristics of the change and to accept additional public input from those individuals concerned with the issue. Mr. Plattner's Suggestion That Induction Loops Be Highlighted In Some Fashion. Mr. Plattner suggested that all induction loops at actuated signalized intersections be marked so that bicyclists may ride over the most opportune location for detection. It is suggested a better approach t would be for the members of BIC or other concerned citizens to compile a list of those intersections and locations where there is difficulty for bicyclists to be detected. The Traffic Engineering Division would then respond to specific locations to improve the detection characteristics of those specific locations without the addition of non-uniform pavement markings. This is a more satisfactory approach to the problem. Mr. Plattern's Suggestions For Marking A Bike Lane In The DTI. i Mr. Plattner has suggested that the City mark the driving lane on the north side of the island in the DTI as a bus and bike lane. At the present time the only traffic that uses this lane are buses and bicycles. Therefore the addition of pavement markings would be superfluous and it is recommended that this action not be taken. We will be happy to meet with you and/or Mr. Plattner to discuss these matters further should additional questions or comments be raised regarding the resolution and/or their implementation. bc4/1 hr• "" MICROFILMED BY I JORM MICROLAB i CEDAR RAN DS-bWMOINES r 1 Y MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M01NE5 i i Bicyclists of lc�dia Cit. POST OFFICE 80X 846 Y, Inc.Inc IOWA CITY, IOWA 52244 We the undersigned petitinntthehe City Council of Iowa City to Implement the suggestions referred to as regards rthe sig the bicycle lanes oneJefferson and Market streets Implementing the signing tter sent to M+'• Berlin April 7, 1983 lement similar signing and We also would like Coralville toaim 8 Band bike lane removal, P NAME ADDRESS MEMBER r.� •u NOT B.I.C. MEMBER l� Cnr. •/1 I! Oin.•r. l:..,.. Tt..� I �IL //,•J� I MICROFILMEDDY tai :JORM MICROLAB fj �� . CEDAR RAPIDS•DES_ MOINES- r 1 ■ .a Bicyclists of Iowa POST OFFICE 80X 846 IOWA CITY, IOWA 52244 Mr. Neal Berlin City Manager of Iowa City Civic Center Iowa City,Iowa 52240 Dear Neal: City, Inc. .:'3 April 7, 1983 It has been over six months since the transit interchange was legally opened to westbound bicyclists. For myself and on behalf oftheBicyclists of Iowa City I want to again thank you and the City Council for that action. After cycling through the interchange and watching other bicyclists safely and calmly travel through the interchange (off of the sidewalk and not dodging pedestrians waiting for busses) I am convinced that the opening of the interchange was a wise decision. I hope that the interchange will continue to be open to bicycle traffic on a permanent basis. I would appreciate it if you would notify me or B.I.C. of any plans to reinstitute a ban. On another matter, I would like to suggest that any signs still posted in Iowa City i which read "Bicyclists use sidewalk" be removed. If any signs must be posted I urge you to consider "Bike Route" or "Autos share the road with bicycles" or "Bicyclists keep right except when passing or turning left" instead. First Ave. and Muscatine east of First still have the "Bicyclists use sidewalk" signs which to my understanding have been removed in the rest of the city. And, finally, I would urge the city to remove the bike lane stripes on Market and Jefferson Streets. Inatead,use a sign which reads "Bicycles keep right except when passing or turning left'.' and make the right lane wider than the left to ac- comodate both bicyclists and auto drivers. The reasons for this proposed change are not only for reasons of safety, but also Ear uniformity. In probably no other instance are slow moving vehicles required to move to the left rather than to the right. If'the change were made as I suggest, bicyclists would be out of the auto drivers blind spot when going straight, since they would be to the right, not the left of left turning traffic. The moat common accident situation at Gilbert and Jefferson is as described above, for example. If you would like to discuss this matter with me or if you feel it is an item to be brought up at a city council meeting, I would be glad to accomodate, with or without other members of B.I.C. present. I'll save the sore issue of bicycle parking facilities for another day. Thank you. Sincerely, su.,4 2 /' Shelley B. Plattner cc: Bruce Reynolds (President of B.I.C.) Jeff Davidson ..0?.•/irk oir�Ir �i elc rti, .,, nn�.ri,. it ti..c^r r^...,,..,.. STs MICROFILMED BY t+' `.JORM MICROLAB + CEDAR RAPIDS•DES•MOINES -,� ✓� July 5, 1983 Mr. Shelley Plattner 58 Sunrise Village Iowa City, Iowa 52240 Dear Mr. Plattner: 1, Thank you for your letter, included as a portion of a petition from the Bicyclists of Iowa City, Inc., in regard to stricter enforcement of bicycle laws and regulations in Iowa City. I certainly agree that bicyclists violating the rules of the road should be subject to the same level of enforcement and penalties as operators of motor vehicles. Citations are often issued for violations by bicyclists, but not as frequently as for autos, simply because of the far greater number of motor vehicles that use our streets and highways. As you and the members of B.I.C., Inc, are aware, violations of the law relating to bicyclists are misdemeanors. Consequently, the violation must be committed in the presence of an officer; or he/she must have reasonable grounds to believe that the person arrested (cited) did, in fact, commit the violation. I am sure the Iowa City Police Department would support your group's efforts in bringing violators to their attention. Each volunteer would have to allocate some portion of time to appear in Magistrate's Court to testify as the complaining witness against the violator. The officer, as you know, can testify only to what he/she observes at the scene of the violation. Your suggestion of volunteer witnesses to these violations, if properly publicized, should have a considerable impact upon bicyclists. I must suggest that if your organization does voluntarily agree to this program that B.I.C. or each participating' individual purchase sufficient insurance to provide substantial indemnification against any false arrest or harassment suits and liabilities that might arise. Another approach to the problem might be for B.I.C., Inc. to engage in a massive educational program. An approach such as this might be especially effective at the start of the.major bicycling season, when the University of Iowa, public and parochial schools, etc. commence their fall terms. B.I.C. members might participate in a publicity campaign through posters, public service announcements and the like. In addition, the grade schools would probably welcome additional classroom instruction on bicycle safety to supplement the instruction offered by members of the Iowa City Police Department. /051/ C� { MICROFILMED BY 'JORM MICROLAB I CEDAR RAPIDS -DES MOINES r J Mr. Shelley Plattner July 5, 1983 Page 2 Again, please be assured of the complete cooperation of the City Council and the Iowa City Police Department in attempting to make the streets of our community as safe as possible for all citizens. Thank you for expressing your concerns to me. Sincerely, Mary C. Neuhauser Mayor cc: Police Chief City Manager �.. MICROFILMED BY WORM MICRO_ LAB !CEDAR RAPIDS -DES MOINES i .bicyclists of lo—/a City, Inc,Aft POST OFFICE BOX 846 IOWA CITY. IOWA 52244 For the past several years, occasionally one or two members of B.I.C. have written to the city council, the police department or the letters to the editors department of local newspapers requesting equal and vigorous enforcement of the traffic laws. Last year three bicyclists were killed in automobile accidents in the Iowa City area and we feel It is time to initiate a more concerted effort Cc convince the city officials to direct the police to enforce the rules of the road as they pertain to bicyclists as vigorously as for automobile drivers. We do not mean a one day or one week crackdown on cyclists in such areas as the pedestrian =11 in downtown Iwa City, but rather the more serious violations such as running red lights, making illegal turns, running stop signs and wrong direction riding should result.in citations. In other words, use the same criteria for ticketing bicyclists that are used for automobile drivers. After all, a bicyclist is more likely to suffer injury from improper procedures in traffic than is an automobile driver, since bicyclists are more exposed. We of B.I.C. have offered to work with the police in developing a mechanism by which bicyclists (of B.I.C. or other volunteers) might help apprehend errant bicyclists. It is to the advantage of all of Iowa City's citizens if enforcement of the law is uniform. Automobile drivers would not feel that bicyclists get away with flagrant law violations and cyclists would be encouraged to obey the rules of the road which would result in a more harmonious traffic flow. —Thus, we petition the City Council and the mayor to direct the police to enforce the law as regards bicyclists rights and obligations in using the streets of Iowa City and Coralville. ADDRESSOT B.I.C.iNM4BER �ME 1� . B.I.C.BCMF3•igER ///0-w«v, a V/ su.� Qr�l its e� �eee.�z.,St otits fu-a-�` a3 6- h-i-�.4,�, JL 6-clP cru Ir - - T,7/� MICROFILMED BY I :JORM MICRO_ LAB i I CEDAR RAPIDS -DES 140INES r J City of Iowa City MEMORANDUM DATE: July 15, 1983 TO: City Council FROM: Robert W. Jansen, City Attorney RE: Agreement regarding Central Junior High property Attached is a copy of the draft agreement concerning the disposition of the Central Junior High matter. It is my understanding that the essential points were presented to the school board last Tuesday evening and that the proposed draft was acceptable to the school board. This is not a completed or final version since there are still some minor wording changes that will need to be made. RWJ/ds CC: City Manager T' Sb1 ( MICROFILMED BY EJORM MICROLAB 'CEDAR RAPIOS•DES MOINES l aoi I J AGREEMENT REGARDING CENTRAL JUNIOR HIGH PROPERTY THIS AGREEMENT is made on this day of 1983, by and between the City of Iowa City, Iowa, City and the Iowa City Community School District (Dis- trict). PREAMBLE The parties to this Agreement recognize that there is a bonafide dispute regarding their respective legal rights to the property known as the "Central Junior High Property" (The Prop- erty) legally described as: All of that property designated as Centre Market on the original plat of Iowa City, Iowa. Each party has carefully evaluated its position and has decided that it would be in its best interest to resolve this title F dispute by mutual agreement rather than engaging in litigation. Therefore, the parties enter into this agreement as a complete settlement of their respective rights to the property. t i ? This document is intended to set forth the terms that have been negotiated between the parties. An outline of these terms is as follows: i * The City will execute a Quit Claim Deed to the prop- erty conveying its inte;est to the District. k * The Quit Claim Deed will be placed in escrow with a third party to be mutually agreed upon by these parties. * The District will agree that whenever the property is sold a cash payment will be made to the City. j * Thd amount of the cash payment will depend upon the nature of the sale. If the sale serves a "public purpose" the cash payment will be $50,000.00. Other- wise, the cash payment will be 108 of the sale pro- ceeds. * The term "public purpose" will be defined in this Agreement and, among other things, will include the Jr r' Gj MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -`1 -2 - provision of parking spaces at the expense of parties other than the City. * The Agreement will also provide that the District will have the right to use the property until it is sold for any legal purpose subject only to the City's approval of any leases on the property that would exceed a three year term. * Finally, as an alternative to any cash payment other- wise required, this Agreement will provide that if the District conveys its property known as the Sabin School Property to Johnson County, the City will ac- cept that conveyance as adequate consideration for its delivery of the Quit Claim Deed to the Central Property to the District. NOW, THEREFORE, in consideration of the mutual promises and covenants of these parties, it is agreed as follows i 1. QUIT CLAIM DEED. The City will execute a Quit Claim Deed to the District covering the entire property described as: All of that property designated as Centre Market on the original plat of Iowa City, Iowa, r The Deed will be in standard form using the Iowa State Bar As- sociation Quit Claim Deed form, properly executed and acknowl- edged. The Deed will indicate on its face that it is being placed in escrow pursuant to the terms of this Agreement. 2. ESCROW. The executed Quit Claim Deed will be placed j in escrow—a-Tong with a copy of this Agreement. The escrow agent will be a trust department of a bank doing business in Iowa City selected by mutual agreement between the attorneys for the respective parties. The escrow agent will be required to provide a written receipt and agree to follow the terms of this Agreement. The District will be responsible for any expenses or costs owed to the escrow agent in performance of its duties. 3. CASH PAYMENT. The City agrees that the District will have the right o sell part or all of the property at anytime subject only to laws governing the sale of property by the District. Whenever the property is sold, the City agrees to direct the escrow agent to release the Quit Claim Deed to the / *sf , MICROFILMED BY I '.JORM MICROLAB I ,CEDAR RAPIDS -DES -MOINES r 1 10 -3 - District upon receipt of the cash payment required by this Agreement. Directions for release of the Deed will be in writing signed by either the Mayor of the City of Iowa City or the City Manager. 4. AMOUNT OF CA5H PAYMENT. The amount of the cash pay- ment will depend upon w ether the buyer of the property agrees to use the property to serve a "public purpose" as defined by this Agreement.If a public purpose is served, the payment will be $50,000.00. If not, the payment will be 108 of the gross sale proceeds. 5. PUBLIC PURPOSE DEFINED. The public purpose require- ment will be met if a buyer agrees to provide one (1) off-street parking place for every 2,000 square feet of the property purchased for a minimum of two years and two months after the date of possession. This Agreement by a buyer will be stated in buyer's bid for the purchase of the property or a part thereof, and, the City shall have the right to enforce this provision. This parking commitment by a buyer shall be in addition to the provision of any other parking required by Iowa City ordinances for any other use that the buyer may make of the property. A buyer would be given two months from the date of possession to begin providing the required off-street parking spaces. Both parties to this Agreement recognize that the public Purpose may be served by other means as opposed to the pro- vision of off-street parking places. However, since no other particular methods for serving the public purpose are readily apparent at this time, the parties reserve the right for each of them to negotiate and agree upon other ways of meeting this public purpose requirement in the future should this become mutually desirable. 6. PARTIAL PROPERTY SALES. Should the District sell only a part o the property, t e City agrees that it will provide Quit Claim Deeds to those portions sold as long as the terms of this Agreement are met. These terms can be met by partial pay- ments to the City for each parcel sold. If any one parcel is sold in such a manner that the public purpose requirement is met, the amount of the payment to the City will be a prorated amount of the $50,000.00 computed by dividing the square foot- age of the parcel sold by the total square footage of the en- tire property and multiplied by the $50,000.00 figure. If part of the property is sold for other than a public purpose, 108 of the gross proceeds of that sale would be payable to the City. ni MICROFILMED BY VF '.JORM MICROLAB CEDAR RAPIDS -DES -MOINES r 1 J -4- 7. USE OF THE PROPERTY. The District presently has sole use and contro o t e property and its possession of the prop- erty will not be interrupted by this Agreement. The District's rights to use the property will continue without limitation except that the District may not lease the property to a third party for a term of more than three years without first obtain- ing the City's approval and consent. The City agrees to ap- prove and consent to such a lease exceeding a three year term as long as that lease does not materially abrogate the terms and effect of this Agreement. 8. ALTERNATIVE METHOD FOR SETTLEMENT. Notwithstanding the other provisions of this Agreement, t e parties wish to provide another method for settlement. If the District conveys its Sabin School property to Johnson County at anytime within three years after the date of this Agreement, the City agrees that such a conveyance would be adequate consideration for its delivery of a Quit Claim Deed on the property without receiving any additional cash consideration. To the extent that Quit Claim Deeds may have already been released to the District and cash paid -to the City, a sale of Sabin to the County will not require the City to refund cash to the District but if only part of the property has been sold, the sale of Sabin to the County would be adequate consideration for a Quit Claim Deed on the balance of the property not yet sold. 9. MISCELLANEOUS PROVISIONS. This Agreement will be ef- fective upon a )roval by botht e City Council of the City of Iowa City and the Board of Directors of the Iowa City Community School District. Both the City and the District agree to take all necessary steps to meet statutory requirements relative to this Agreement. This Agreetent will remain binding upon the parties and their successors and assigns and will run with the land. The Agreement may be recorded in the Johnson County Recorder's Of- fice by any party. If the Agreement is recorded, each party agrees to execute a release of the Agreement to dissipate any cloud upon the title to the property at such time that any property sales are made and the terms of the Agreement met. If property sales are made in parcels less than the entire property, partial releases will be provided. Though the parties may later agree to modify this Agree- ment for the purpose of providing other methods of meeting the "public purpose" requirement, this Agreement is otherwise in- tended as a final settlement of all rights of the parties in and to the Central Junior High Property. /7-- 1. GI MICROFILMED BY I "I '.JORM MICROLAB CEDAR RAPIDS- DES 1401NES -- r a J. _.I -5- SIGNED at Iowa City, Johnson County, Iowa. APPROVED: APPROVED: 1983. IOWA CITY COMMUNITY SCHOOL DISTRICT 1983. CITY OF IOWA CITY, IOWA BY: Lynne Cannon, —Pr _eS_i c re—nt BY. Mary C. Neu auser, Mayor ATTEST: ATTEST: i La r, Secretary Marfan K. Karr, C1ty Cler l i STATE OF IOWA ) JOHNSON COUNTY SS: On this day of the undersigned, a Notary Pub is in and for the993StateeofrIowa, personally appeared Lynne Cannon and Richard A. Lahr, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said Iowa City Community School District executing foregoing instrument; the within and that said instrument was signed on behalf of said Iowa City Community School District by authority of the Board of Directors, and that A. Lahr acknowledged the execution of said instrument to be the the said Lynne Cannon and Richard voluntary act and deed of said Iowa City Community School District, by it and by them voluntarily executed. Notary Pu 1c in an or t e State of Iowa. MICROFILMED BY ;��` 'JORM MICROLAB CEDAR RAPIDS•DES�MOINES;� r I W am STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said munic- ipal corporation executing the within and foregoing instrument; that the seal affixed hereto is the seal of said municipal cor- poration; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of.said municipal corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa. /LiS.S i `-1 ib ! MICROFILMED BY t� fJORM MICROLAB I I I{` CEDAR RAPIDS•DES*MOINES r /LiS.S i `-1 City of Iowa City MEMORANDUM DATE: July is, 1983 TO: City Council FROM: Robert W. Jansen, City Attorney RE: Petition for Declaratory Relief --"Committee of Concerned Persons for Iowa City Airport Safety" On July 8, "Petition for Declaratory Relief from City Council of Iowa City, Iowa and/or the Iowa City Airport Commission" was filed with the city clerk by attorney J. Nicholas Russo. This item is scheduled for informal discussion on Monday and at that time I will discuss with the council the formal reply which is being prepared for the signature of the mayor pro tem. I. MICROFILMED BY IJORM MICRO_ LAB .CEDAR RAPIDs•DES MDINE3 r 1 �J l City of Iowa City MEMORANDUM DATE: July is, 1983 TO: City Council FROM: Robert W. Jansen, City Attorney RE: Petition for Declaratory Relief --"Committee of Concerned Persons for Iowa City Airport Safety" On July 8, "Petition for Declaratory Relief from City Council of Iowa City, Iowa and/or the Iowa City Airport Commission" was filed with the city clerk by attorney J. Nicholas Russo. This item is scheduled for informal discussion on Monday and at that time I will discuss with the council the formal reply which is being prepared for the signature of the mayor pro tem. I. MICROFILMED BY IJORM MICRO_ LAB .CEDAR RAPIDs•DES MDINE3 r 1 �J r• 4 1 ACCEPTANCE OF SERVICE I, MARION KARR, City Clerk, Iowa City, Iowa, hereby acknowledge that I was personally served With a two (2) Page document entitled "Notice and Petition for Declaratory Relief From City Council of Iowa City, Iowa, and/or the Iowa City Airport Commission" and a eleven (11) page document entitled "Petition for Declaratory Relief From City Council of Iowa City, Iowa, and/or the Iowa City Airport Commission" on ! J the "day of . 1987. MAKARR CITY CLERK IOWA CITY, IOWA MICROFILMED BY t1JORM MICROLAB CEDAR RAPIUS•DES'MOINES U' IEED JUL? IM MARIAN� LERK (j) K eek,,., . J 1. ■ CITY OF IOWA CITY, STATE OF IOWA IN THE MATTER OF ONE- I NOTICE AND PETITION FOR DECLARATORY CERTAIN LAUD USE FOR ) RELIEF FROM CITY COUNCIL OF 461 HIGHWAY 11 WEST, 1 IOWA CITY, IOWA, AND/OR THE IOWA CITY, IOWA 1 IOWA CITY AIRPORT COMMISSION MICROFILMED RY f +' .JORM MICROLAB ! CEDAR RAPIDS DES MOINES COMES NOW , the Petitioners and pursuant to Section 2-180,Iowa City Code, Chapter 170, 1983 Code of Iowa and the United States Constitution, Amendments 1 and 14, hereby petitions the City Council of Iowa City and/or the Iowa City Airport Commission in the following manner: NOTICE ! TO: MEMBERS OF THE CITY COUNCIL, IOWA CITY, IOWA AND MEMBERS OF THE AIRPORT COMMISSION, IOWA CITY, IOWA You, and each of you, are hereby notified that there has been fl filed with the City Clerk, Iowa City, Iowa, and now pending before ' your respective governmental body a petition for declaratory relief. We request the intervention and/or participation of the City Council of Iowa City, Iowa, and/or the Airport Commission of t, Iowa City, Iowa, which exercise separate and/or concurrent i7 1 .I responsibilities in regard to the subject matter contained in ; this Petition for Declaratory Relief, to respond and answer the Ing uiries and issues raised in Petitioners' Petition for Declaratory Relief. Petitioners request that each of the governmental bodies, i within respective jurisdictional limits, furnish to the Petitioners and all Iowa City citizens the requested answers and the requested. information and documentation regarding FAA regulations, grant i conditions, and records relating to any and all negotiations . -and contractual agreements between the FAA and the City of Iowa City, Iowa and/or the Airport Commission of Iowa City, Iowa. >I We respectfully request that the above governmental bodies and officials address themselves to the inquiries and issues propounded in the attached Petition In order that the Petitioners and the Iowa City citizens may be fully informed and be apprised FILED JUL 7 1163 MARIAN K. KARR CITY CLERK (1) MICROFILMED RY f +' .JORM MICROLAB ! CEDAR RAPIDS DES MOINES of the Iegal and contractual provisions, past and present, between the City of Iowa City, Iowa ano/or the Iowa City Airport Commission and the FAA. Respectfdlly submitted, J. NICHOLAS RUSSO 615 Iowa State Bank Building Iowa City, Iowa 52240 r'ii%1 M )'11RINiH JON NAMON 537 Higley Building Cedar Rapids, Iowa 52401 . N. RUSSO 236 Fischer Building Dubuque, Iowa 52001 ATTORNEYS FOR PETITIONERS MICROFILMED BY iJORM MICROLAB (.CEDAR RAPI DIS DES. MOINES �' r L E D JUL 7 1183 MARIAN K. KARR CITY CLERK (I) i J., CITY OF IOWA CITY, STATE OF IOWA ' Is ` rl L IIII''�� 77 1989 IN THE MATTER OF 1 PETITION FOR OECLARTTORY ONE -CERTAIN LAND ) RELIEF FROM CITY USE FOR 461 1 OF IOWA CITY, IOFRR HIGHWAY 41 WEST, 1 THE IOWA CITY AI RP IOWA CITY, IOWA 1 COMMISSION COMES NOW the Petitioners and pursuant to Section 2-180 et. seq., City Code of Iowa City, Section 4-20, City Code of Iowa City, Chapter 330, 1983 Code of Iowa, and the United States Constitution, Amendments 1 and 14, and hereby petitiuns the City Council of Iowa City, Iowa, and/or the Iowa City Airport Commission in the following particulars: PETITION i 4 TO: MEMBERS OF THE CITY COUNCIL, IOWA CITY, IOWA, AND MEMBERS OF THE AIRPORT COMMISSION, IOWA CITY, IOWA. 1. The Petitioners are aggrieved residents of Iowa City, Iowa; and/or federal and state taxpayers; and/or users, pilots and flyers at the Iowa City Municipal Airport; and/or users, pilots and flyers who pay federal aviation fuel tax on each gallon of aviation fuel and/or sublease hangar space at the Iowa City Airport facilities, and/or beneficiaries of the upgrading and/or improvements to the Iowa City, Iowa, Airport, created by federal grants from the FAA and from adherence to FAA safety regulations. 2. The Iowa City, Iowa, City Council is the governing body for the City of Iowa City, Iowa, and the City of Iowa City owns and operates a municipal airport within its boundaries. 3. The Iowa City, Iowa Airport Commission, pursuant to Section 4-20, exercises all of the powers granted to cities under Chapter 330 of the Code of Iowa, except the power to sell the airport, (See Section 4-20, Iowa City Code; Chapter 330.13 I,C,A,) 4, On June 20, 1983, the Petitioners filed a Petition for Declaratory Relief (EXHIBIT 1) expressly and specifically requesting that the City Manager, pursuant to the authority vested in the office of the City Manager (Chapter 8.10.29), enter a ruling as to whether the issuance of a certificate of occupancy to the building in question would violate any and/or all of the following, and prohibit the issuance of a certificate of occupancy thereby; C ; (. _ MICROFILMEO BY I ;JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES( J 1 ■ f a) The spirit and language of contractual commitments made by the City of Iowa City, Iowa, to other public authorities; b) The federal policy declared by 49 U.S.C. 2201(a)(1), that "the safe operation of the airport and airway system will .MICROFILMED BY continue to be the highest aviation priority" and/or 49 U.S.C. 2208(1)(A); f t c) Chapter 330.13, 1981 Code of Iowa; ,CEDAR RAPIDS -DES MOINES d) Iowa City Municipal Code, Preamble, Page 1, Paragraph S. 5. Petitioners requested declaratory relief in order that all interested persons may have a reasonable time and opportunity to avoid the creationOfan airport hazard or public nuisance causing potential injury or loss of life to those who may occupy the building in question. 6. Petitioners requested declaratory relief and expressly sought to ascertain whether the issuance of a certificate of occupancy would be in violation of contractual obligations between the City of Iowa City and other public authorities, or in contravention of existing and specific city, state and federal statutes. Final r inspection of the building and the result of said in had no relevance to the declaratory relief sought by Petitioners, 3 Further, declaratory relief was requested under the.administrative c. section of the Iowa City Municipal Code, Sections 2-180 et. seq. �. and the Petition asked that the City Manager declare whether a certificate of occupancy may issue in light of the City's contractual obligations with public authorities, and in light of city, state and federal statutes and the policy considerations j contained therein. 1 7. The requested relief sought and interpretation of law in { connection with the enforcement of an ordinance which is within the jurisdiction of the office of City Manager. Chapter 8.10.29 f of the Iowa City Municipal Code states: ' 8.10.29 Enforcement. A. It shall be the duty of the City Manager or his/her designee to enforce this chapter. It shall also be the duty of all officers and employees of the City and especially all members of the Police Department to assist the City Manager or his/her designee by reporting to him/ I� army new construction, land uses, or other seeming I'UfL' I ` iq�%I[ions. (Ord. No. 82-3067, Section 2F, 6-22-821 U JUL 7 1983 MARIAN K. KARR CITY CLERK (1) J .MICROFILMED BY !JORM MICRO_ LAB f t ,CEDAR RAPIDS -DES MOINES 1 J I 8, The Answer of the City Manager in letter form, deed I June 22, 1983, (EXHIBIT 2), failed to address theJUL 7 1963 grounds VARIAN D relief contained in the Petition for DecK. KARR laratory Relief, and CITY CLERK (1) the Answer denied the very discretionary authority granted the City Manager by Chapter 8.10.29 of the Iowa City Municipal Code, but the letter stated that if the building in question passed final inspection and complied with the building code, a certificate of occupancy would issue; the time of issuance being uncertain. 9. Declaratory rulings by administrative agencies on even a hypothetical set of facts have been recognized in the law. (See City of Des Moines v. Public Emo10 me t, Etc,, 275 N.W. 2d 753, 756 (Iowa 1979)), 10. The City of Iowa City, in Section 7.01(b) has precluded the right of initiative and referendum regarding "any measure of an executive or administrative nature." Within this context, the failure of any municipal governmental body to address the specific request for declaratory relief under the Administrative Code, Section 2-180, denies the Applicants the right to petition the government to redress grievances as guaranteed by the First, Fifth, and Fourteenth Amendments to the U.S. Constitution. Purther, any failure to hold a hearing and to rule an the grounds raised in this and the former Declaratory Petition constitutes a denial of Due Process of Law and bars, under the exhaustion doctrine, access to appellate relief from an administrative order by a court of competent jurisdiction, as provided by the Administrative code, Section 2-187. The failure to address the issues presented in a Petition for Declaratory Relief frustrates the Petitioner's attempt to utilize the administrative procedures, rules and regulations established by the Iowa City government itself, (U.S.C.A. 1, 5 and 14 and Ruiz v. Estelle, 503 F. Supp, 1265 (S.D. Texas 1980)), and infringes upon and denies the Petitioners' rights, privileges or immunities as secured by the Constitution and laws. (See also, Holing v, National Zinc Co., 435 F. Supp. 18, 20 (N.D. Okla. 1976); Stern v, United States SMEM Inc., 547 F.2d 1329 (7th Cir. 1977)). 11. That the high density residential land use in question, is located North of the airport in the clear zone of Runway 17. Fr MICROFILMED By +' !DORM MICROLAB j CEDAR RAP1Ds•)DE5 MOINES- r /�fSG i i I' i i 12. That the Petitioners herein respectfully request that the above governmental bodies hold a joint public hearing and enter a declaratory judgment, separately and/or concurrently, as is appropriate to the jurisdictional limits of the City Council and the Airport Commission, and as set out by the Iowa City Municipal Code and the 1983 Code of Iowa and past and present federal statutes and/ or past and present contracts between the FAA and the Iowa City, Iowa, City Council and the Iowa City, Iowa, Airport Commission, upon the following issues: a) Under existing conditions at the time of filing this Petition, declare whether said governing bodies will allow a high density residential use in the building in question. b) Under existing conditions at the time of filing this Petition, declare whether said governing bodies, severally or jointly, will enjoin the residential occupancy as a public nuisance and/or safety hazard. c) In the alternative, that the City Council and/or the Airport Commission make a declaratory ruling of its proposed course(s) of action in eliminating or abating the high density residential use of said premises. 13. Petitioners seek declaratory relief and request that the above governing bodies issue a ruling whether under the conditions hereinabove set out in regard to the building in question and its high density residential use, the use has and/or will violate any/or all of the following: a) The spirit and language of contractual commitments made by the City of Iowa City, Iowa, to other public authorities: b) The federal policy declared by 49 U.S.C. 2201(a)(1), that 'the safe operation of the airport and airway system will continua to be the highest aviation priority' and/or 49 U.S.C. 2208(1)(A); c) Chapter 330.13, 1983 Code of Iowa; d) Iowa City Municipal Code, Preamble, Page 1, Paragraph S. a) Any federal Aviation Acta, past or present. L D JUL 7 1983 MARIAN K. KARR CITY CLERK (1) 4� MICROFILMED BY y IJORM MICROLAB I CEDAR RAPIDS -DES MOINES r _J IN K 14. Petitioners seek declaratory relief and request that the governing bodies issue a ruling, under the conditions hereinabove set out in regard to the building in question and its presently allowed high density residential land use, to: (1) declare whether the high residential land use has.and/or will violate past and/or present federal law, or past and/or existing contracts between federal authorities and the City of Iowa City and/or the Iowa City Airport Commission; and further, Petitioners ask the governing bodies to (2) declare whether by allowing such residential land use disallowed by past and/or present federal law, any Federal Aviation Act, federal regulations and/or in violation of national aviation policy and interstate commerce, that the disallowance by federal law and/or that the disallowance of such land use by contract between federal authorities and the City of Iowa City has been and/or is now preempted by federal law or preempted by federal law as applied to a situation in which the city of Iowa City has contracted with the FAA to.prohibit such residential land use in the vicinity and adjacent to the Iowa City Airport. (U.S.C.A. Art. 1, Section S, cl. 3) WHEREFORE, Petitoners request that the above governing bodies consider this Petition for Declaratory Relief, set a time and date for a joint public hearing with reasonable notice, and, upon the conclusion of said hearing, enter declaratory judgment upon the inquiries and issues raised in this Petition for Declaratory Relief upon each and all grounds, contractual and statutory, and further, Petitioners re -assert any and all requested relief contained in the former Petition addressed to the City Manager. PETITIONERSt NAME: COMMITTEE OF CONCERNED PERSONS FOR IOWA CITY AIRPORT AFETY BY: J CHOtAS RUM, CHAIRMAN 615 Iowa State Bank Bldg. Iowa City, Iowa 52240 if, JON M. KINNAMON 537 Higley Building ' L Cedar Rapids, Iowa 52401 JUL 7 1983 D ATTORNEY �FOR �PETITIONERS. J NICHOLAS RUSSO /115 Iowa State Bank Building Iowa City, Iowa 52240 9 MARIAN K. KARR CITY CLERK (I) MICROFILMED By IJORM IVIICROLAB j CEDAR RAPIDS -DES MOINES t TJ W J,_ 1 r Q NAME: 'Z',4 NICHOLAS R R. N. RUSSO 236 Fischer Building ADDRESS: 020N.od a Dubuque, Iowa 52001 Iow t , Iowa 52240 NAME: �T�— W I.A. L. C�AU'T C'� FGTIT GnI IN K.'CMP L'�" PnaAr.PJ^PM Cl:'G ADDRESS: 111) Tlayaoc T%RIVc NAME: 127w-& 1 7 i .'—jj% V V ADDRESS: 1 820 Roclir, fe, eF _2- o, C; f,. 1G S-2 141c; JUL 7 1913 MARIAN K. KARR CITY CLERK (1) . q 1 I MICROFILMEDBY 11 !JORM MICROLAB I :.CEDAR . RAP IDS-DES.M019ES ( 1 I EXHIBIT I ACCEPTANCE OF SERVICE 1, NEAL BERLIN, City Manager, Iowa City, Iowa hereby acknowledge that I was personally served with a two (2) Page document entitled 'Notice and Petition for Declaratory Relief From City Manager" on the 20th day of June, 1983. ' HEAL BEAL N CITY MANAGER I IOWA CITY, IOWA j F 1 L E D JUL 7 1913 MARIAN K. KARR CITY CLERK (1) MICROFILMED BY I it JORM MICRO_ LAB '.CEDAR RAPIDS -DES MOINES-. r i --1 7 �1 r• 0 D CITY OF IOWA CITY, STATE OF IOWA IN THE MATTER OF ONE- 1 NOTICE AND PETITION FOR CERTAIN CERTIFICATE OF1 DECLARATION RELIEF FROM OCCUPANCY FOR 461 HIGHWAY CITY MANAGER 41 WEST, IOWA CITY, IOWA. ) TO: CITY MANAGER, NEAT, BERLIN, IOWA CITY, IOWA COMES NOW, the Petitioners and pursuant to Sections 2-180 at. seq. and Section 8.10.29 of the Iowa City Code, state: You are hereby given notice that the undersigned, residents of Iowa City, Iowa, federal and state taxpayers, and users, Pilots and flyers at the Iowa City Municipal Airport do hereby demand by manner of declaratory relief that you cease and desist from issuing a certificate of occupancy for a building, to -wit: 461 Highway 41 west, Iowa City, Iowa, on the grounds that the issuance of said certificate of occupancy would allow a high density residential use in the building in question and the resultant residential use would constitute,an extreme safety hazard to the occupants of the building, and further, the taxpayers of the City would be exposed to and burdened with the obligation to pay any judgment against the City by reason of the resulting harm or death caused by the creation of the foreseeable and recognized hazard described above. An issuance of a certificate of occupancy and the residential occupation of the building in question, located North of the airport in the clear zone of Runway 17, would create a safety hazard to the residential occupants of the building because of the operations, flights and landings on said runway. Petitioners seek declaratory relief from the City Manager declaring whether the certificate of occupancy will or will not issue for the building in question. You are hereby further given notice by the undersigned that the occupancy of said building hereinabove referred to by increasing the population density at said airport approach presents a patent and imminent threat and danger to life of monumental proportions. � I L E D j I L E JUL 7 1983 u JUN 2 0 1983 MARIAN K. KARR MARIAN K. KARR CITY CLERK (1) CITY CLERK (1) I. MICROFILMED BY I :JORM MICROLAB (( CEDAR RAFIDS-DES . MOINES '(- 1 J t r W You are hereby further given notice that the undersigned are demanding that you take the action of withholding the certificate of occupancy pursuant to the authority imposed upon you to grant or withhold the certificate of occupancy. Petitioners seek declaratory relief and request that you issue a ruling that the issuance of the certificate of occupancy under the condition hereinabove set out in regard to the building in question would violate any and/or all of the following: (1) The spirit and language of contractual commitments made by the City of Iowa City, Iowa, to other public authorities; (2) The federal policy declared by 49 U.S.C. 2201(a) (1), that *the safe operation of the airport and airway system will continue to be the highest aviation priority" and/or 49 U.S.C. 2208 (1) (A); (3) Chapter 330.13, 1983 Code of Iowa; (4) Iowa City Municipal Code, Preamble, Page 1, Paragraph S. This petition for declaratory relief is necessary in order that all interested persons may have reasonable time and opportunity to avoid the creation of an airport hazard or public nuisance causing Potential injury or loss of life to those served by the airport and those who may occupy the building in question. You are hereby notified that the undersigned request a public hearing upon this petition within ten days (10) and that You fix and establish and give notice of the time and place thereof. ATTORNEYS FOR PETITIONERS: PETITIONERS: ya: Nicholas Russo 615 Iowa State Bank Building Iowa City, Iowa 52240 i Jan M. Rinnamon 615 Iowa State Bank Building Iowa City, Iowa 52240 NAME: COMMITTEE OF CONCERNED PERSONS F,OR IOWA CITY AIRPM' AFETY B>615 ( Ch0 a9 Ruaao, Chair ISBiT Building Iowa City, Iowa 52240 NAME:/ Nicholas Russo ADDRES 828 N. Dodge Iowa City, Iowa 52240 .. _ ROmO o N. RUSSO 236 Fischer Building Dubuque, Iowa 52001 L E D JUL ) 1983 MARIAN K. KARR CITY CLERK (1) MICROFILMED BY tai'JORM MICROLAB CEDAR RAPIDS•DES'MOINES r - �ILED JUN 2 0 1983 MARIAN K. KARR CITY CLERK (I) /V5% -J CITY CF EXHI�i�C� , I WA Hlr 1 (.. CITY , -- ��.-. Cis. ,� _,,, =�— June 22, 1983 Mr. James Nicholas Russo 615 Iowa State Bank Building Iowa City, Iowa 52240 Re: Petition for Declaratory Relief Dear Mr. Russo: JUL 7 1983 MARIAN K. KARR CITY CLERK (1) In accordance with advice your petition for declaratory ce�lief which ved from lwas lcounsel, filed with the City on June 20, 1983. Specifically, the City Manager, has no legal authority to rule whether or not a certificate of occupancy should be issued at some future date for the building being constructed at 461 Highway N1 West, Iowa City, Iowa. 5307(c) of the Uniform Building Code, as set out below, provides the procedure for the issuance of a certificate of occupancy: "(c) Certificate Issued. After final inspection when it is found that the building or structure complies with the provisions of this Code and other laws which are enforced by the code enforcement agency, the building official shall issue a Certificate of Occupancy which shall contain the following: 1. The building permit number. 2. The address of the building. 3. The name and address of the owner. 4. A description of the portion of the building for which the certificate is issued. 5. A statement that the described portion of the building complies with the requirements of this code for the group and division of occupancy and the use for which the 6. Thepis classified. name of the building official.,, In accordance with the above provision, the building official must issue a certificate of occupancy if, after final inspection, a building is found to comply with the applicable codes. However, if and when a certificate of occupancy is issued for the building in question, a person may appeal that decision pursuant to the provisions of 5204 of the Uniform Building Code, as amended, which is set out below: 14SG P' I MILROFILMEO BY "j ''JORM MICROLAB 1 CEDAR RAPIDS- ,DES -MOINES , (- F � l i Mr. James Nicholas Russo June 22, 1983 Page 2 "Section 204. Appeals. Whenever a person disagrees with the interpretation of the building official or the requirements of the Uniform Building Code, he/she may appeal the decision of the building official to the board of appeals. Such appeal shall be in accordance with the procedures set forth in the Iowa City Administrative Code." Therefore, the City is without authority to take any action on your request at the present time. Sincerel yours, Neal G. Berlin City Manager bj2/3 cc:. City Council Airport Commission Robert Jansen Michael Kucharzak Glenn Siders Fred Zehr F O L E D JUL 7 1983 MARIAN K. KARR CITY CLERK (1) �SL rr MICROFILMED BY !JORM MICROLAB CEDAR RA m—DES'MOINES r- ---------.___ ..� J .. I City of Iowa City MEMORANDUM Date: July 11, 1983 To: City Council From: Iowa City Historic Preservation Commission �jif2LJawT '/iGuy a Re: Iowa City Historic Property Awards o In an attempt to foster pride in the historic attributes of Iowa City buildings and to reward individual(s), corporations, etc. who have either rehabilitated historic structures or constructed newer buildings that enhance historic areas, the Iowa City Historic Preservation Commission would like to implement an annual awards program. Enclosed please find a copy of the application form that will be filled out by prospective applicants. The Iowa City Historic Preservation Commission would review the applications and make nominations to City Council. A plaque will be presented to the winner or winners of this award in any given year. It is quite possible that in certain years there may be multiple awards and in other years no awards presented. The Iowa City Historic Preservation Commission would like the City Council to review this proposal and make any comments so that the Commission could take appropriate action. bj/sp f MICROFILMED BY tai-.JORM MICROLAB j CEDAR RAPIDS- 6ES'140IRES , r J. l D" IOWA CITY HISTORIC PROPERTY AWARDS The Iowa City Historic Preservation Commission is soliciting applicants to Participate in the 1983 Iowa City Historic Awards Program. Eligibility: through Projects will be selected by the Iowa City Historic Preservation Commission that Perpetuated conshechistoric anIon or d bculturalna to ibutesher of a hbuilding roorecrop or located within Iowa City. p operty Nomination: Projects may be nominated by the owner, resident or another interested person. The project may exemplify exterior, interior, grounds or other form of historic significance within Iowa City. Requirements: All applications must be completed and returned to - The Iowa City Historic Preservation Commission Civic Center 410 E. Washington Street i Iowa City, Iowa 52240 is Applications must be received by the Commission no later than All applications will be reviewed bCommission and awards will be presented on y the at j 6 { i i 1 _ S i I i I /,1s7 i4 MICROFILMED BY JORM MICROLAB j _ RAPIDS -DES MINES 'f CEDAR (jJ J .- t■ APPLICATION Check if applicable: Residential Commercial Grounds Applicant: Name: Phone: Address: Location of Nominated Property: Property Name: Address: Owner of Nominated Property Name: Phone: Address: Contractor that completed work: Name: Address: Brief description of work completed: New construction Rehabilitation Drawings, photographs (before/after) or other plans if applicable. (MICROFILMED BY 'JORM MICROLAB, f CEDAR RA P I DS•DES'MOINES ' r J., City of Iowa City ,.--- �.►�cAAORANDUM RrCREATION DIVISION DATE: July 11, 1983 TO:" Dennis Showalter, Al Cassady, Parks 6 Recreation Commission FROM: Paul Crutchfield, Recreation Supervisor RE: Swimming Pool Paid Admissions - June 1982 and June 1983 June 1982 City Park Recreation Mercer Park Total 9,482 7,382 6,358 23,222 June 1983 17,521* 13,059* 7,813 38,393 Increase 84.78% 76.90% 22.88% 65.33% *Figures used for June 17-30, 1983, Mercer Park daily from the City Park and reports are not audited. MICROFILMED BY I .JORM MICROLAB I .CEDAR RAMS -DES M01HE r 1 1 HSS FA I i July 14, 1983 Dear Members of the Planning and Zoning Commission amd City Planning Staff: The members of the Board of Adjustment request a meeting with you to discuss the proposed Iowa City zoning ordinance as it affects the functioning of the Board of Adjustment. We believe that an informal meeting within the next few weeks would be beneficial to the zoning ordinances finally adopted. We met previously with the City Planning staff on December 8, 1982, but do not know to what extent out suggestions regarding the proposed ordinance have been incorporated in specific sections of the proposed ordinance. Another meeting at this time should allow the Planning and Zoning Commission or the City Council the formal opportunity to incorporate our input into the final form of the ordinance. Enclosed please find a copy of the Agenda of the December 8, 1982 meeting. We will develop a list of agenda items and provide you with that list at a later time. j We would appreciate a prompt response to suggest some mutually ' convenient time. i i eZBar S Ottr, Chair 337-6444 I Peter Fisher 353-5001 I Robert Randal 338-1403 A,64cU'4- Slar�cc C G.v) Marcia Slager 337-3500 /ea- V. V,ud,1V Lea S. VanderVelde 353-3433 cjj Enclosure cc: Members of the City Council of the City of Iowa City HS / ))�r t•j MICROFILMED 8Y ;j !JORM MICROLAB CEDAR RAPIDS•DES*MOINES ' t ■ R�C�iVc u33 VEENSTRA & KIMM, INC. ENGINEERS & PLANNERS m wr9I HA11Y NIIII UI'If, Y9 ::'If) '.IPI1 1 IICST DCS -.101111$ P)hA vpn5 •.I::y y,Fl July 8, 1983 Neal G. Berlin City Manager City of Iowa City Civic Center 410 East Washington Iowa City, IA 52240 THE FUTURE OF VEENSTRA b KIMM, INC. V&K has been serving Iowa communities for 22 years. Bob Veenstra and Jim Kimm were relatively young men when they founded the company in 1961. Time flies and now both of us are approaching a time when we want to take a less active part in V&K. The company has developed, and will continue to develop, younger people to take over and perpetuate the firm. Arrangements are being made to sell 60% of the stock of VSK to about 20 selected employees on an equal basis. It is not the intent of the sale that any one group own a controlling interest of the company. V&K will become an employee owned company guided by the original owners for the next few years. Bob plans to stay with the company on a full-time basis for the next three years, and Jim plans to stay with VAK for the next five years. Neither Bob or Jim has any plans to sell to outside interests or to any one group. V&K will become an employee -owned company dedicated to the same principles upon which It was founded. j We have been progressing toward transferring responsibility from the original owners to younger, aggressive personnel. We have been pleased with these transfers of responsibility. You should know that Bob and Jim will not forget I you during the next five years. Both will continue to stand in your behalf to assure that the company does a good job for you. This is not a swan song. Bob and Jim aren't bailing out. This is simply to advise you of the arrangements that are being made for an orderly transfer of ownership to our younger people who have been trained in management and serving clients. Both old and new owners are excited about the transition. /1146 MICROFILMED BY �JORM MICROLAB j CEDAR RAPIDS•DES'MOINES r J Neal G.•Berl in July 8, 1983 Page 2 All of us here at Y8K look forward to working with you into the indefinite future. Respectfully submitted, t YEENSTRA d KIMM, INC. t Chairman of the Board MICROFILMED BY IJORM. MICRO_ LAB ;CEDAR APIDS.IDES MOINES vl r M1 Neal G.•Berl in July 8, 1983 Page 2 All of us here at Y8K look forward to working with you into the indefinite future. Respectfully submitted, t YEENSTRA d KIMM, INC. t Chairman of the Board MICROFILMED BY IJORM. MICRO_ LAB ;CEDAR APIDS.IDES MOINES physical abutment was a necessa n. requirement for specially assessing a road -paving. It also alleged non- compliance with City Charter requirements for judicial review within 60 days of the City resolutions authorizing the special assessment project and levying the individual assessments. Trial Court Finds Additional Dedication Fraudulent The trial court decided the case on one issue, finding that the resolution dedicating the 100 -foot strip and the 200 -foot parallelogram as additional right- of-way "was adopted by the Gainesville City Commission in bad faith, for the exclusive and ulterior purpose of attempting to impose a paving assessment on Seaboard Coastline Railroad Company by attempting to make that property 'fronting or abutting'" on the street being paved. The court invalidated the dedication and the special assessment and, through this decision, impliedly held either that a physical abutment was necessary or there was no special benefit. The court held that "the City's action amounted to fraud in contemplation of law, was arbitrary, unreasonable, resulted in the improper exercise of its police power and would be confiscatory without due process of law were it sanctioned by this Court." Appellate Court: Sole Issue is Special Benefit in reversing this decision, the appellate court held that the City's action in dedicating additional right-of- way did not amount to fraud. The Court pointed to expert testimony in the record that Seaboard's property "experienced an increase in value at least to the extent of the amount of the assessment", and held that dedication of additional right-of- way was proper for the purpose of assessing Seaboard "for itu fair share of the paving costs, commensurate with the benefits" received, provided the primary benefit from the paving was to the assessed properties and not to the public. The appellate court emphasized that a special assessment is confiscatory only if the assessed property is not benefitted by the improvement to the extent of the assessment or if it receives only in- cidental benefit, with the primary benefit being to the public. Since the trial court had made no findings as to the benefits, the appellate court re- manded with directions to reevaluate the evidence on these questions. Local Government Regulation of Newspaper Vending by Wllllam H. Forman, Jr., Esq., New Orleans, Louisiana There has been considerable litigation in recent years as to defining the powers of local governmental units to regulate newspaper vending, especially in California Such litigation has involved the police power of municipalities to regulate vending for the reasons of community safety and aesthetics. These reasons have been pitted against the freedoms of speech and the press that are contained in the First Amendment to the United States Constitution. Case Law In 1971 the Borough Council of Swarthmore, Pennsylvania, adopted an ordinance which prohibited the placement of newspaper vending boxes anywhere within the borough's boundaries. An exception to this rule permitted the placement of 12 such boxes on three foot strips adjacent to buildings in the business district whose occupants sold newspapers during business hours. The federal district court held that the ordinance and its modifying resolution wore void in that they violated the First Amendment. The court's opinion, however, added that reasonable regulations as to the size and location of such boxes may be for- mulated. In the court's words, "aesthetic considerations could justify the pro- mulgation of reasonable rngulatlons as to the size and appearance of the boxes, and the type and format of permissible identification or advertising." Also, "regulations of such character fall well within the permissible bounds of the police power of a municipality." Philadel hia News Inc. v. Borough C., Etc., Swarthmore, Jfl F.SupP. 228, 244 MICROFILMED BY '.JORM MICROLAP I CEDAR RAPIDS•DES'I401NES r TUE MUNICIPAL ATTORNEY J (E.D. Pa. 1974). The City of Rochester, Hew York also enacted an ordinance 'n 1971 which re- quired permits for newspaper stands and vending machines, The ordinance contained permit requirements for Liability insurance for personal injury and property damage, !n addition, there were criminal sanctions for violations of th Supreme ordinance. The e Court ofMonroe Gannett Co. vCounty ruled 3u; , City of Rochester, in a �2d 648 (19— 72at the ordi- nance was unconstitutional because it also violated the First Amendment, A result similar to that in th'e Remeru . City Oj-Elase ca 'ons 125cCa rein ached 116 (Ca1.APp, g79 In this case, the E1 Cajon ordinance proscribed all news- paper vending machines on Public side- walks or parkways. The Intent of ordinance was the to improve the street's safety and aesthetics. However, the District ia Court Of Appeals, Fourth stated that newspaper vem:ing boxes along Public streets and sidewalks are a constitutionally protected means of distribution ." The tour[ added that. the "freedom of the press necessarily includes a right to disseminate the products of that freedom in any rational manner. Liberty to circulate is as essential to free ex liberty to Publish.- IdpresSion as see, California N at 117, Also Association ew. a ars Publishers a R tr,Ino, v, it o Dur an , In1972 th C' O (Ca .APP. , approved an ordinance or Los Angeles size, 'eight, regulating the of e, 'eight,sraCks o appearance and placement ordinance 'ISO Provided its sidewalks. The seizure Provided for the summary retention and destructio any off Of general circulation newspapers, (3) the second priority shall be wg9ished On iven to the sale of newspaperspub- eek, and at least five days a (4) the third priority shall be given to the sale of weekly publicatl ons, The Socialist Labor Party, which Publishes the news periodical called the "1+'eekly People," brought a n action against the City, The Party contended its First Amendment freedoms and Fourteenth Amendment richt to equal protection of law were being violated, The California Court of Appeals, Second District, however, seemed to recognize the City's problem — that the use of newsracks in Glendale had expanded unchecked and that they had begun to encroach on limited side- walk space in some areas, thereby becoming a nuisance, Socialist Labor Party V. City of Glendale r 147 Ca1.Rptr, XXIII (1978), (The court's opinion was withdrawn from publication due to its own order, Also see, Manzano and Howard, "Glen- dale, California, Successfully Defends Vewsrack Ordinance," 19 The Municipal Attorney 351 (1978),) The court also made an analogy Of the newsrack problem to the same principle by which limited radio and television airways are allocated, 147 Cal,Rptr., at 352, Thus, the court reversed the lower court's S judgment and remanded the case to trial to determine whether the ordinance discriminated in favor wfdaily newspapers and against ekly' Publica tions, ending newsracks b n of ConclusionHowever, there were y city officials. hearings on the validity Provisions for In Kash Enter of such seizures, In defining the An Inc, v, City limits of local governmental !_Me s, Ceases of Los R 56�_ 2 9held partornia regulation of ve^ding machines and newspaper supremecourts that upheld that have been balancing stands,theCourt part of ordinance regulating the size, nce exercise Of for weight, appear ppearance Placer -lent of the rack., The opin'on, reasons of aesthetics Police power against the First court's stated however, stated that the visions for Amendment freedoms °f speech the the racks violated summary removal of Ruch Odural due reasonable requirend ress ments for the following and was insufficien process First Am y sensitive to Amendment D have been approved: weight, appearance, tansize, rights, In 1975,the ythf Glendale of exterior advertisisPe and format °r placement, location adopted n5ordinance and limitation number to the following; Provided for a city block, (1) no more [ than sixteen newsracks may be located It should also be noted that u^Lform enforcement of within a r, block, (2) the first is necessaryin such regulations order to r s for such newsracks shall hall be under the Eavoid challenges goal Protection Clause of the given to the sale Fourteenth Amendment. MARCH -APRIL 19,31 tt Y „ MHADFILMED DY '.JORM MICROLAB j CEDAR RAPIDS•DES'MOINES r 13 V6/ J