HomeMy WebLinkAbout1976-05-11 Info Packettty of Iowa city*
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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
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C. ,,,:.,, 1.1 •,,:,,�, , rr
C..rrzt I l r,P E
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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,••
,
.... r, ., 0....
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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.
C n£
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AS�KrbRt►� _
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
1 Ul ,, C. 0
4 OC 0 co OC
v N C U co 1 p�
rr N .f1 N .r y C
M N Nro
C W ` I 2" (u pr 1 U+
N O O Y .-7• D.
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.
0