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HomeMy WebLinkAbout1976-05-11 Info Packettty of Iowa city* MEM07�1� @@¢j i DAT@, May 6, 1976 TO, City Council FROM, City Muiagcr RE, Parking Lot in City Park 1340 Several weeks ago the City Council authorized the creation of an additional 32 -car parking lot in City Park which was to be rock -surfaced. In preparation for construction it became apparent that the Iowa City Zoning Ordinance requires all parking spaces to be permanent and dust -free. While apparently the City may not have always followed the Zoning Ordinance in the past, evi- denced by other rock -surfaced lots in the Park, it does not appear to be a good practice for the City to ignore the Zoning Ordinance. In addition, because this is an HCDA project, an environmental assessment must be undertaken. It does not appear that a favorable environmental assess- ment statement could be prepared primarily because of the Zoning Ordinance pro- vision. Therefore, if the City Council wishes to proceed with the construction of the parking lot in City Park, I believe it would be appropriate for the City Council to adopt an amendment to the Zoning Ordinance which will exclude park facilities from the specific requirements or provide for construction of a different nature. If the City Council wishes to adopt such an amend- ment or modify the original decision, the staff will prepare an appropriate Presentation for your consideration in the near future. TO: FROMi RE: 11ty of Iowa Cit 0 City Council City NtznagerfVU Personnel DAT11 May 5, 1976 The procedures outlined in the attached memorandum will preclude the occurrence of problems similar to those which developed in relationship to the position of assistant finance director. Actually the process meets three needs: I. Provides revision, if necessary,of job descriptions at the time of vacancy. if job descriptions have been a problem. 2. Establishes a procedure for determining the need for each Position at the time a vacancy occurs. 3. Insures that recruitment, selection and placement procedures are utilized which comply with all applicable policies and laws. DAYet April 7, 1976 TO= Department Heads A� / FROM, City Manager REx position Vacancies When non -civil service vacancies occur in a department, either because of a new position or a vacancy, the following action should be taken. 1. Department head reviews with the appropriate division head the current job description for that position. 2. Any changes in the job description are made with a copy of the revised job description submitted to the Human Relations Department. 3. The Human Relations Department reviews the job description, revises the job description if necessary, and submits the revised description to the department head for approval. 4. The revised job description together with a memorandum to the City Manager requesting a position appointment and providing justification is submitted by the department head. S. The City Manager authorizes or denies the request. 6. The Human Relations Department posts the vacancy internally. 7. The Human Relations Department reviews all internal applicants together with the department head and approves the procedure for interview, assessment, and selection. In the event that a selection is not made from internal applicants, Hunan Relations will notify all employees who applied giving the reason for not being selected. 8. If there are not present employees qualified for the position, the Human Relations Department will advertise the position publicly and approve the interview and selection process for the final appointment. 9. Before any interviews are held, the responsible department head and/or division head will submit to }finnan Relations Department for review and approval a list of the subjects to be discussed in the interview, preferably with a list of specific questions. 10. All interviews will be conducted with a member of the Human Relations staff present. Notes will be maintained of the interview. City of Iowa Cit DATE, May 6, 1976 TOS City Council FROM, City Manager { /� RE: DEQ Inspection of Landfill Enclosed is a letter which Mr. Plastino recently received from the Department Of Environmental Quality as a result of an inspection of our landfill. While we certainly can be doing a better job at the landfill and will make every endeavor to meet the requirements of the Department of Environmental Quality, it is obvious that the high standards required by the Department of Environ- mental Quality cost money. While the legislature continues to prevent the City from raising resources to carry on City services, the departments of the State government, as indicated in this letter, continue to coerce the City to spend more money and hire more employees. • E iowa dchartment of environmental quality April 27, 1976 Mr. Richard Plastino Director of Public Works Civic Center 1„wa City, IA 52240 NE: Inspection 4/6/76 Permit No. 52 -SUP -1-72P Dear Mr. Plastino: RECEIVLO AP? 2 9 197J nclosed is the report of the April. 6. 1976, inspection of the Town City `unitary landfill conducted by Earl Voelker and Steven Hoambrecker of our Vashington office. :±L the time of this iu';portion, there were a number of deficiencies in the "peration of this site including: 1) (xcc:sive working facie; 2) inadequate litter control; 3) inadequate daily cover; 4) inadequate (Irainage; 5) inadequate equipment; 6) inadequate in termediatu cover; and 7) no plans ;it the site. six or Lhese deficiencies were noted during the July 22, 1975, inspection including litter, daily cover, drainage, equipment and intermediate cover. i'hc production of leachate is continuing and the litter problem is worsening. 1'he landfill's operation is increaningly deteriorating and I must have your immediate help and couperation in correcting these deficiencies. The following :tops must he taken to corrtrL the situation: 1) The working f:,ce must he reduced to its smallest practical size and surrounded by appropriate harriers to insure that dumping does n -L occur beyond the operating area; (27.i(5)"j"(3)I.A.C.). 2) Litter fencing must he set up around the working race (27.1.(5)"j" (8) I.A.C.). 3) A1.1 litter on the :site and adjacent to it most he collected and properly di5pcmed of; (27.1('.)"j"(4) I.A.C.). -19,1li) .. ..;,It' �.,- PO P)X:1t/t, .%t -I ',;pc ! Mr. Richard Plasti.no April 27, 1976 Page Two 4) Daily litter pickup must be initiated (27.1(5)"j"(4) I.A.C.) 5) Adequate dnily cover of at least six inches of compacted earth must be applied over all solid waste (400-27.1(5)"j"(6) T.A.C.). 6) Drainage must be corrected to prevent ponding, and minimize infiltration so as to minimize leachate production. (400-27.1(5) "j"(9)I.A.C.). 7) Adequate intermediate cover of at least one foot of compacted earth must be applied over all solid waste which will. not be further covered within one week. (400-27.1.(5)"j"(21)I.A.C.) 8) Adequate intermediate cover of at ]cast two feet of compacted earth must be applied over all. solid waste which will not be further covered within two months. (400-27.1(5)"j"(22)I.A.C.) 9) Additional equipment must be obtained to adequately operate the site. (400-27.1(5)"j"(l0)T.A.C.) 10) An additional set of plans must be kept at the site at all times. Given the magnitude of the deficiencies, it appears that additional personnel will. be necessary both for equipment operation and for litter control. These personnel should be hired as soon as possible. An inspection will be scheduled in thirty (30) days and 1 expect to sce cun- r.iderable improvement in the landfill's operation. Otherwise, this Department will have no choice but to take further enforcement action since non-compliance cannot be overlooked. T trust that if you have any questions or nccd any +u:sistance, you will contact me. Sincerely, LAND QUALITY MANAGEMENT DIVISION L'. Z. Karachiwala Chief of Surveillance and Compliance 1iXK: MI:kg Enclosure cc: DEQ Regional Office #6 Ted Anderson Jake Roskup 91tv of 'Iowa City • 0. e DATY, May 6, 1976 TO City Council FROW City Manager tA/% RE, Des Moines Register and Tribune Bicycle Ride Attached is a memorandum from the Director of Parks and Recreation indicating that the sponsors of the Des Moines Register and Tribune Annual Bicycle Ride would like to use the City Park on Friday, August 6, as an overnight stop. Neither the Director of Parks and Recreation nor the Manager can recommend use of the Park for this purpose since the Park is not designed for overnight use, and we certainly do not have adequate sanitary facilities for 3,000 people. However, if the City Council believes that we should be gracious hosts and make every effort to accommodate this event, the City Council should amend the Code accordingly. This item will be scheduled for informal discussion at an early date. City of Iowa 77 DATES April 29, 1976 TOi Neal Berlin, City Manager FROM: Dennis E. Showalter, Director of Parks 6 Recreation RE: Annual Bicycle Ride Across Iowa The annual bicycle ride across the state, sponsored by the Des Moines Register and Tribune, would like to stop overnight in City Park on Friday, August 6, 1976. They are expecting 3,000 riders and approximately 30 self-contained RV's. The bicycle riders would, for the most part, sleep in small indi- vidual tents. The Chamber of Commerce would like for us to cooperate and allow the participants to use City Park overnight. To do this, the Council would need to suspend Code No. 3.34.3, Section 15, which states that the park is closed from 10:30 p.m. to 6:00 a.m for the night of August 6 and the morning of August 7. I assume that if they suspend the curfew, then we could issue a special permit to allow this use of the park. Do you want this on the agenda for Tuesday, May 42 /ef To: City Council, Chairpersons of Boards and Commissions FROM: City ManageT,/1 RE: Meeting The City Council has traditionally met in the spring with the chairpersons of all boards and commissions. This meeting provides an opportunity to review any problems the boards or commissions may have encountered during the year and to focus on the events of the coming year. This meeting is followed by dinner. A room has been reserved for this purpose at the Highlander on May 20 at 4:00 P.M. A cash bar will be available before dinner. Please contact Linda Schreiber if you have questions or if you have items you wish included on the agenda for this meeting. Please indicate before May 14 if you will be attending this meeting so that reservations can be made. ffel FROM REt 911ty of Iowa City • City Council City blanagerA)A-/ Letter from Thomas R. Bpeese DAM May 6, 1976 Enclosed is a letter which Councilman Thomas Breese of University Heights . wrote to our Director of Public Works concerning the rules regulating refuse collection. The message provides further indication of the difficulty which Iowa City is going to encounter in trying to provide a satisfactory resolution of the service contract with University Heights. A meeting was held with University Heights several weeks ago. It was agreed that the University Heights City Council will prepare an alternative finan- cing proposal for our consideration. 0 T,a orl.o R. Onc[ne n o. nox n51 IOWw CITU, IOWA 6]2.D IJ 191 337 2137 April 28, 1976 Mr. Richard J. plastino Director of' Public Works City of Iowa City Civic Center Iowa City, Iowa $2240 Good Morning, Dick: 0 � RECEAPR 2 91976 As you know, I am a resident of University Heights. This past Monday we received a copy of your "Rules Governing Refuse Collection" with the paragraph on "Brush and Yard Waste" circled. 'Phe leaving and circling of that paragraph is apparently why your collection people did not remove some items from our curb site. I have researched the ordinances of the City of University Heights and the service contract between the City of University Heights and the City of Iowa City and find nowhere contained in either documents is mention that the citizens of University Heights must conform to the ordinances of the City of Iowa City pertaining to solid waste collection. In other words, the rules applying to residents Of the City of Iowa City do not apply to the residents of the City of University Heights. I would appreciate your so informing the collection people and having your secretary give me a call confirming this understanding. Sincerely yours, Thomas R. Breese Ja) i r ?975 INVITATION The officials of Washington County and the City of Washington, Iowa, cordially extend an invitation to you and your department to a special Open House Ceremony for our new Public Safety Center, on Friday, May 14, 1976. The Open House will be held between the hours of 1:00 P.M. and 4:00 p.At. We would ask that you extend this invitation to your fellow Supervisors, Councilmen, Chiefs of police, Fire Chiefs and/or Department Employees. We hope you can be with us. TO: PROMs RE: Aty o4 Iowa City City Council City Manager 1A) Survey DAM May 5, 1976 Recently I indicated in my memo to you dated April 7 that telephone interviews were being conducted by Melvin Jones and Connie Goeb to gauge citizens' attitudes of Iowa City government. Attached is a report prepared by Connie Goeb based on these telephone interviews. I believe you will find her report interesting. Attachment 011 INTRO_ D Public officials are constantly faced with the problem of providing the level of governmental services their constituents need or desire. The represeritativesmay sample their mail, hold neighborhood meetings or rely on election results as indicators of "public choice." All of these means are imperfect; it has been estimated that only 13% of the electorate have ever been in contact with a public official concerning an issue Of importance to them. In the 1972 presidential election, only one-half of the eligible voters cast a ballot. The voter turnout for state and local elections is much lower -- only one-fourth to one-third of the eligible voters went to the polls in the most recent Iowa City City Council election. Even if electoral participation was higher, few voters are issue oriented, makin.- it difficult, if not impossible, to translate election results into policy preferences. One method in which a representative opinion may be obtained is through the process of Poll -taking. Public opinion polls .have been used extensively on the national and state level, but have not been used widely on the local level. One factor contributing to its infrequent use in cities is the cost of the poll -taking process --most cities cannot afford to contract the services of a professional pollster. In conjunction with my internship with the City of Iowa City, I utilized the resources of the city and the university to conduct a survey determining the level of citizen satisfaction with city services. 0 • The results of this survey, although not of the same calibre of a Harris or Gallup poll, provide a fairly reliable indication of the level of satisfaction expressed by a cross -sample of Iowa City residents. I believe the results will prove useful to the city council and city administrators in making future policy decisions. IETH0DO_LOGy MY sample was selected from the Iowa City telephone book& using a method labelled "selective sampling." Coralville numbers and University Heights residents were not included in the 450 numbers sampled. From the 450 numbers, I completed 354 questionnaires. The remaining 96 were either "no answer", "disconnected"- or the potential respondents refused to answer the questionnaire. All of the calls were made in the hours between six and ten p.m., in the two week Period between April 1st to April 14th. There were 36 questions included in the questionnaire, but none of the respondents were asked the entire 36. The responses to the first and second questions, "What is your primary/secondary mea0s of transportation?", channelled the respondents into four different categories--car drivers, bus riders, bicycles riders and walkers. Respondents were only which related to their asked those questions primary and secondary means of trans- portation. The questionnaire covered the following topics: / (1) transportation (2) refuse collection(including recycling) (3) recreation (4) library (5) urban renewal (6) consolidation (7) questions on confidence, participation and the council. . The final four responses concerned the sex, age, student status of the respondents and the number of years lived in Iowa City. 1 TRANSPORTATION The first set of questions concerned the primary/secondary mode of transportation of the respondent and his/her satisfaction with the city facilities related to that mode. PRIMARY ODE CAR 78.2% 0 e•4% 12 BIKE 4% 9/ALK % OTHER .7% ® 2 The 354 respondents had the following characteristicsr SEX STUDENT STATUS male 41% female 59% student 43% non -student 56% ACE 18-25 58-65 YEARS RESIDENCE z6-33 z5% 4� less than one 18% over 6,5 7% 42-49 9% % 6-5 i0% over ten 30% TRANSPORTATION The first set of questions concerned the primary/secondary mode of transportation of the respondent and his/her satisfaction with the city facilities related to that mode. PRIMARY ODE CAR 78.2% BUS e•4% 12 BIKE 4% 9/ALK % OTHER .7% SECONDARY MODE 20.6% 29.8% 10.7% 27.6% i1.4% These figures indicate that eventhough the bus system in Iowa City .is well developed. the car continues to reign as Iing as a primary mode of transportation. The secondary mode of transportation is more equally distributed among the various modes, with the bus and walking rated first and second] respectively. By identifying both the primary and secondary modes, I hoped to compare the satisfaction levels of the primary user with the secondary users to determine if their use (or lack of it) was related to their satisfaction with the services. 0 0 3 ARE THERE AN ADEQUATE NUMBER OF PARKING PLACES IN IOWA CITY? (CAR USERS) Drimary users yes 52% no 43% no opinion 5% IS THE COST OF PARKING.... (CAR USERS) primary users too high 33% not enough 2% about .ri.-ht 56% no opinion 9% secondary users IS PARKING ENFORCEMENT ...... (CAR USERS) Drimary users too strict 31% too lenient 5% about right 42% no opinion 22% 36% 57% 7% secondary users 39% 0 5W- 11% secondary users 30- 10% 48% 11% The only significant difference in opinion occurred with the question concerning the amount of parking spaced available. This may indicate that the reason the secondary car users aren't primary users is because they can't find.a place to park! I used basically the same process with the bus riders. HOW OFTEN DO YOU USE THE CITY BUS? daily weekly monthly other primary users 67% 31% 2% 0 ARE TI:F. BUSES GENERALLY ON TIME? primary users yes 96% no 2°I no opinion 2% secondary users 28% 38% 26% 8% secondary users 96% 4% 0 ® • k ARE THE DRIVERS G?NERALLY COURTEOUS? rar im96% no secondary s 2% 9 no opinion 2�----_.� 2% ARE THE ROUTES CONVENIENT? primary - yes 100% seco_ ndary no 0 93/ 3% no opinion O 0 The buh system received an overwhelmingly postive response. There was little difference in opinion between the primary and secondary users; consequently an explanation of the relatively limited bus use cannot be offered from these results. The most significant differnce was in the convenience question --7„ of the secondary users thought the routes inconvenient. There has been some concern expressed by the councilm embers and the city administrators concerning the bus fare increase to 25¢. In an attempt to determine the effect of the increase on ridership, I cross tabulated the frequency of bus use with the results of the questions"will the increase to 2$¢ affect, your use of the bus?" rh YES NO - NO_ T SURE daily users 35 weekly " 20% 600 5% monthly " 27%Wy O. other 12% 7% 0 0 . Over one-third of the'"daily" users indicated they would use the bus less when the fare is raised to 25¢. I believe that figure is high. Some people would reply affirmatively to the question in hopes that a significant negative response to the • 5 increase would cause the council.and administration to reconsider their decision. Most of the respondents realized that the increase was warranted and that the 250 fare compared favorably with the cost of mass transportation in other cities. The results of the "bicycle" questions were not particularly startling. Both primary and secondary bicycle users tended to believe that the present bicycle routes in Iowa City were inadequate and they overwhelmingly supported the,proposed expansion of the bicycle routes recently outlined by the Iowa City Department of Community Development. The brochure printed by the Community Development Department concerning the proposed expansion stated,"Surveys made by the City and the University show that the bicycle is the second principle means of transportation in Iowa City." D1y survey indicated that the bicycle is used by only 2.30 of the people as a primary means of transportation and by about 151% as a secondary mode. The bicycle ranked fourth in my survey, behind bus, car and walking. The season contributes greatly to the use of the bicycle --perhaps if my survey was conducted in July, the percentage of use would increase significantly. I included a question concerning the general street maintainence in Iowa City, but the results did not prove worthwhile. The question was broadly stated --respondents would indicate that specific streets were poorly maintained while others were well maintained, but were hesitant to give an overall appraisal. DO YOU THINK THE STREETS IN IOWA CITY ARE...? well maintained 17% adequately 5/ poorly no opinion 25 0 0 6 Overall, the people were generally satisfied with the level of street maintainence. The public works department expressed an interest in the level of satisfaction with the present one -day per week refuse collection. The results of the question indicates that only a small minority are dissatisfied with the present level of service. IS THE PRESENT ONE -DAY PER WEEK REFUSE COLLECTION....? adequate 63% inadequate 7% no opinion 22% The large number of "no opinions" can be attributed to the great number of apartment dwellers and mobile home residents. The refuse collection is often contracted to a private collection firm for those residents. The questions on newspaper recycling were my "pet" questions. The council recently decided to cut the newspaper collection from once a month to a bimonthly collection. Because the service is not used extensively, they felt the cut was warranted. I believed that the lack of publicity about where and when the newspapers were to be deposited contributed to the low level of use'. ARE YOU DO YOU USE THE NEWSPAPER RECYCLING SERVICE? AWARE OF THE SERVICE? always sometimes never -- YES 29.5% 27.4% 42.3% Overall, 67.6% were aware of the service and 30.6% were not aware. Of those aware of the service, 42% never used it. The "awareness" level was much higher than I had anticipated, shooting my original hypothesis to bits. r I asked a set of questions concerning the use and quality of the various recreational facilities used by the Iowa City residents, including parks, tennis courts, poolst zoo and the city recreation center. The availability .of the University facilities complicated these results. Som8. respondents didn't differentiate between the city and university facilities. The results of the use and quality may reflect the combined city university facilities. 1,1 OFTEN IP7 SEASON DO YOU USE T}[E F0LL0WING CITY REC FACILIT7 -{O TEIvN i5 COURTS POOL z00 RFC CENTER PARKS 29% 17% 160 10% 10 often 32% occasionally 14% ,, 14% �' 19% 28% 23% 18% 25% seldom 12% 13If 55% 51% 43% 39% never n.r^nATT vnw WOULD YOU RATE THE CITY RECREATIONAL FACILITIES? EXCELLENT 17% GOOD16% FAIR 2% POOR a9 NO OPINION The city parks were used most often while the tennis courts and the pools were used by only half of the respondents. I received mixed comments on the closing of the city park zoo. The opinion was split between those favoring the closing and those who wanted it to remain open. If use was the important factor in the decision rather than cost and humane reasons, -the d the tennis courts should be.left zoo should remain open an to the crabgrass. f the respondents gave the recreational The great majority o facilities a favorable rating. I believe this rating. in part, reflects the availability of the University facilities. ® • 8 The Iowa City Public Library was treated in much the same manner as the recreational facilities. I included a question on both use and quality. HOW WOULD YOU RATE THE IOWA CITY PUBLIC LIBRARY? excellent good fair poor no opinion weekly users 50- 26% 40% 58%o SO% 13% 0 3% 0 0 monthly users 14% 49% 11% 0 23% yearly users 0 0 0 0 other 0 A large percentage (40%) of the respondents have never used the public library. This high percentage can be partially attributed to the existance of the University library system. The library got a very high rating --most respondents thought the facilities to be either excellent or good. The final page contained a potpourri of questions, none dealing with services per se. The results of these questions are particularly interesting to me and I believe they will be of value -to the council members and the city administrators. The first question was stated,"Are you generally satisfied with the progress of Urban Renewal?" I believe the question is unambiguous and the results significant. I was suprised at the number of "satisfied" responses. Satisfied w/Urban Renewal 20.5% Not satisfied 63.1% No opinion 15.2% There were numerous comments included with the responses such as, "What nrogressl?", "It's a crimet", and various derogatory remarks about the integrity of Old Capitol Associates. Typically, the response was preceded by a cynical chuckle, and follwed by an adamant "NOl". The next question concerned the consolidation of University Heights with Iowa City. A great number of people were uninformed about the situation, and many of those aware of the issue expressed "no opinion." DO YOU FAVOR CONSOLIDATION OF UNIVERSITY HEIGHTS AND IOWA CITY?" yes 23% no 7% no opinion 69% Obviously, consolidation is not a burning issue for most Iowa City residents. A greater percentage of respondents indicated they had voted in the last city council election than probably did. DID YOU VOTE IN THE LAST CITY COUNCIL ELECTION HELD IN NOVEDIBER? yes 33.1% no not eligible 58.5% The percentage of respondents "not eligible" to vote may be higher than my figures indicate. Eligibility was rather difficult to establish --some respondents would indicate that they.had not been residents long enough�to be able to register; later, they would report they had been residents for 5 years. The county auditor estimated the percentage of eligible voters who went to the polls was between 25-30%. I cross -tabulated the "vote" question with the response to the question,"How would you rate the job the Iowa City city council is doing?" EXCELLENT GOOD FAIR POOR IvO OPINION VOTER 0 NON-VOTER 35.9% 43.6% 8.5% . 12.2% NOT ELIGIBLE 303% 26.7% 40.0 6'' ' 33.2% o 30.0% • • SO The single, "excellent" vote was cast by an ineligible respondent! I believe that people are generally hesitant to rate their elected officials too highly, thus the avoidance of the excellent category. Many comments were made when answering that particular question --most dealt with the great amount of "infighting" in council proceedings. Only 8.5% of the voters believed: the council was doing a "poor" job --a fairly encouraging statistic for the council members. I also compared the "vote" response with the next two questions Do you generally feel you have a voice in the Iowa City city government?" and "Do you generally have confidence in the Iowa City city government?" VOICE CONFIDENCE yesno no OP. yes no no -o . 61% 28% 10% 66% 26% 8% voter23% 12`% 73 non-voter ►+7% 40% 12% % 10% 17% not eligible 33% 37%.27% 73% Not suprisingly, voters were more likely to feel i they had a voice in the•city government. Niany of the respondents who answered affrimatively to the "voice" question commented, voice." or "I think the council would "I think I could have a listen to what I had to say'." I believe the "voice#' question s of the city measures the perceived responsivenesgovernment rather than the participation levels'of the respondents. The confidence level is very high among Iowa City residents -- it is interesting that a greater percentage of ineligible respondents have confidence in the city government than either the voters or non -voters. The majority of the people believe • • 21 ' that their governmental officials are willing to listen to them, and an even greater percentage have confidence in the city government. The results of these questions reflect very favorably on the council and city administrators. I cross-tabulated the four final responses concerning sex, age, student status and years residence with the "vote". "council rating", and the "voice" and "confidence" questions. The differences in sex were not too dramatic,.although only 35% of the voters were male as compared to 65% female. This can partially be attributed to the greater number of females interviewed. The council-rating response was almost identical--there was no significant difference between male and female perceptions of the council members' work. Female respondents were more likely to feel they had a voice in the government--54 females and 460/0' males responded affirmatively to that question. The confidence levels were significantly different between the sexes--57% of the males and 730 of the females expressed confidence. The cross-tabulation of "age" and the other responses was fairly predictzble. There was a positive relationship between likliness of voting and increasing age; there was a sharp drop in the "over 65" category--only 39 of that age group had voted. There was no significant relationship between ago and the council rating. Respondents, age 42-49 were more likely to rate the council efforts as "poor", while persons age 34-41 were more likely to rate the coucil "good" more frequently than any other age group. . • 12 There was also a positive relationship between age and voice --much the same relationship that was found with the age and voting cross -tabulation. The feeling of having a "voice" increased with increasing age, again a sharp drop in the "over 65" category. The same relationship was found between age and confidence --confidence levels increased until age 65, then a sharp decline. Of those voting, 2%o were students and 75% were not students. A non -student was more likely to rate the council as good (34%) than a student (22%). non -students were much more inclined to feel they had a voice (60e) than students (39%). The confidence levels were not significantly different, although the non -student (70514a) is slightly more confident than the student(62%). The percentage of people voting was positively related to the number of years they had lived in Iowa City. Years in I.C. less than one one to five six to ten over ten VOTED(percentage of group voting in election) 11% 21% 524 56% A favorable council rating was also related to the number of years residence, although the relationship was not significant. There was little relationship between number of years residence and the "voice" and "confidence" levels, although people who had lived in Iowa City less than one year were more likely to feel they had a voice, or could have a voice) than the group who had resided in Iowa City from one to five years. Confidence levels decreased, though only slightly, with increasing years, • CONCLUSIONS Overall, the city received a favorable response from its citizens. The citizens sampled seem quite satisfied with the present level of services offered by the city. An especially high rating was given -Lo the city's mass transit system. Laudatory comments were the rule, although quite a number of respondents requested more extensive "evening" bus service. The fare increase to 250 was accepted calmly by most of those interviewed. Residents were also quite satisfied with the present level of refuse collection. Any proposal to expand collection would seem unnecessary in light of these results. Although the data didn't cooperate fully, I continue to be of the opinion that an increase in publicity concerning the newspaper recycling service would result in a significant' increase in use. The level of use of the city recreational facilities and the public library was much lower than I had anticipated. "Availability" may be one factor in the low level of use; waiting in line, calling for reservations and/or overcrowed facilities may put a damper on a resident's desire for physical activity. Also, the use would probably differ greatly among different age groups. (I did not breakdown use by age.) The city parks are fairly accessible and could be potentially enjoyed by all age groups --these factors may contribute to the relatively high level of use of the city park system. 0 The results of the final set of questions should prove to be interesting to city officials. Only one-fifth ofthose interviewed were generally satisfied with the progress of Urban Renewal. Although this statistic should not suprise city officials, it may expedite future decisions on urban renewal considerations. There was no clear mandate concerning the consolidation of University Heights and Iowa City. 'This issue has not been widely publicized lately, contributing to the large number of "no opinions." Unmistakably, most people do not care. There was a small relationship between voting and the feeling of "having a voice" in city affairs --confidence levels did not seem to depend on the act of voting. Generally, the non -student, long-time, older resident was more likely to vote and to feel he/she had a voice in the city government. This relationship is quite eommoni. those with "roots" in the community are usually more active and feel more politically efficacious than short-term residents and transients. The relationship between voting and age are are also comparable to the relationships found in other polls. The "confidence" ratings, when broken down by "years residence", were quite curious. Although the trend was slight, confidence in the government decreased with increasing years residence. I believe the results of this survey are generally valid, and give an excellent indication of Iowa City's success in providing the kinds and the levels of services desired by its residents. As with most things in life, the survey could have been improved upon. If I was to tackle the task anew, I would make several basic changes in the format and content of the survey. First of all. I would try to solicit more input from the various city departments# divisions and council memberse if particular areas of interest could be identified and translated into questions, the results would be much more useful in future policy decisions. I would also attempt to make the questions more specific in nature, perhaps cutting down the total number of questions and including more of the open-ended type. There are two open-ended questions which, in retrospect, would have been particularly useful and interesting. "Obviously. adding a new service or increasing a present city service would entail costs, eventually borne by your as. a taxpayer. With :this fact in mind, what city service would you most like to see added or increased?" A similar question would be posed concerning the deletion or cut-back in a service: „what city service would you most like to see dropped completely or decreased?" Because of the time limits and resources (my time especially) ns.. In future ventures of I wanted to avoid open-ended questio this type, I hope to be less limited. 0 • City o4 Iowa City DATE, April 30, 1976 TOS Neal Berlin, City Manager rKcREi vat Strabala, Director, Department of Finance RE: Newpaper Recycling Program F The following is a stmmary of the financial results of the newsprint recycling program for April, 1976 (bi-monthly pickup). NEWSPRINT RECYCLING PROGRAM April, 1976 Surplus/Deficit ( ) Beginning $(8,982.42) RECEIPTS 64.923 tons X 40% of $40.00 per ton ($16.00) $ 1,038.77 EXTSsIDITURES Labor $565.70 Equipment 254.78 Surplus/Deficit ( ) finding PJS:bac cc: Dick Plastino Julie Zelenka $ 820.48 $(81764.13) Pat Strabala Director Department of Finance CW 04 DOWUM C68v 0 DATE, April 30, 1976 TO: Neal Berlin, City 'Manager FP.OFA: Dennis Kraft, Director, Departmcnt of Community Development RE: Sanitary Sewer Service in Dean Oakes I-*irst Addition In reference to the question raised at the Council meeting on April 27th concerning the availability of sanitary sewer service to the subject addition, sanitary sewers call physically be provided to the development by tapping into the existing system. The remaining portion of the 80 acres owned by Dir. Dean Oakes, however, cannot be serviced unless a lift station and force main are constructed and installed. Shive-Ilattery and Associates, consulting engineers for Mr. Oakes, have been working closely with the 1'.ngincering Division on proposed plans for the installation of the lift station, at his expense, which would provi-.le service to future additions by Mr. Oakes. It is now a policy of the Engineering Division to withhold any final plat for consideration by the City Council until I-in:jl construction plans for puhlic improvements, including sanit:jry sewers, within Lhe subdivision have been submitted and approved by the City Engineer. Dean Oal:cs, First Addition, although recommended for approval by the Planning and Zoning Commission, has not been submitted to Council because the final construction plans have not been submitted. Should you have any questions, please contact me. Attachments /$c S[-, r_-€-afla-ti r_ -zv c, = 10(-A IWAY i .$ I.po P O !'OX 1050 ' 1011,7A CITY JOWA 522.0 11=1.FPI i0r;E C319) 354 6040 April 13, 1976 ,....-.1 'a..,. r1 •.I r. In I,,.nn �., I•I nl :: �I, Ilan 1'1' ,I_I It 1:n 1'I i ;, TT ?—I rr C. ,,,:.,, 1.1 •,,:,,�, , rr C..rrzt I l r,P E n:,,•n t �,,.• n n..y.•n•; t�ac, c.rE • • g pr - r, re �I..,,u I,r. 1.1 sQKAI�0�11-5 - Mr. Fug -uv: Diets, P.F. City Jfn,incer Re Dean Oakes First Addition City of Iowa City - Iowa city, Iowa 10 F;Ist.Vas hington Sircet lo'wa City, IOwa 52240 1z Dear G ne; C4 The pugwse of this letter is 10 review and confirm the items covered in the April 7: 1976 meeting with Dean Oakes, Frank Farmer Mike Y.olnmerer, yourself and my -,elf concerning the subject site. Origin.;lly it was the city's terlln•st that a 10 -inch line be installed in Oakes' Drive .,C a slope of 0.287, to have the capacity to carry f1011 from the proposed 001-th 01151viri flow I.iri Station. In rev itwiny I.he design nutr_s for L13, line, J 12 MGD (0.36, MCD from lift station and 0.052 MCD by gravity). An 8 -ill. -Il line at the ninimuul required grade of , resulting in the conclusion !flat a-cording0" has a ,-opacity of 0.53 11f,D cording to this design, an 8 -inch line would be sal.i�factory to carry tile_ design Flow, On This basis .bc satisfactory sizing for Ihn city. 1an 8 -inch line would Since design flow from the proposed lift station was figured on a density of eight people per acre, and since part of the involved arca is developed at a greater density then right people per acre, you staled that if an 8 -inch line is constructed, then Lp b,: Oakcs, develnnen(s I-:ould h.rae to Le it a density less ha acre, in an order that aver.;ge dell-;il-y of 8 people pr_r' ncl'e o -:0u lr1 1: -1 n le per 8 maintained LOpeopP over the. entire drainage area. You also st...11.ed thatif a 10 -inch line '::as put in, then this would open up the area and allo�:J file Oa6es' density greater than 8 peuplc per acre up to the caproperty to develop at a pacity a 10 -inch line. It rias f!:rlher discu%s,d at this w—Plinq Wit if Mr. private lift. stat 1 )•11�'s 'l- devd to put e a 1 irn .::�, I,;,Jl��lain ,t hi:,•,clf, he •.r.ulJ arca bch'i-I tile hill :which ca,�noL be >er•e start do v,::np ie the lift further developnent: would not have to wait For , an.assesslent pro)jcctiTO construct �l� a larger municipal lift station. If there is a difference in your understanding of the above_ please let us know. Yours very truly, SIIIVI--IIATTFRY 6 ASSOCIATES RDK/trJ P,ich.ird D. Kratusk:l, P.F. cc: Mr. Dean Oakes Marion R. Neely i Mr, Don Sch"Nser, Senior Planner �I ii CC DAR kArID$JJPli1TT IlI S, t - t;ll_I JI-$ DIIHUUIIE t I r.tq OlSptJ InyIA C11y VIbll nN E 1 •;t crY, u Ap ri 1 7.7, 1976 ':•ir. Richard D. Kratosi:a, 11. 1'. 1; 1..S. Shivc- Ilattery and Assoc. P.O. Pox 1050 Tcw,a City, TA 52210 Re : Dean O;ikes Pi rs t Add i t i on Dear Dick: Com._ 0(7 Your April 13, 1976, letter basically asked that recollection of our previous meetinn clmccming in Lc at ca of Dcan Oakcs First Add iIi(In . .o:: r. r.rr. I� :•: a �.: to I confirm your sanitary setters Your thot!rltts on the ',abject h;1 .icaHy al,rcc faith my rccolIecLion of the mc,-,Iing. T would offer a few ;ludiIiunal. I:orinlcnl.s that nuay or may not have been clear at the t-ime of our meeting. First of all., if 1�r. Oakes des i, res to install. a 10 inch line, that ad(Iiti.onal capacity t:,ould then be avai.labIc ror Itis use in Future development. However, I don't believe that a recapture aorecmenL lrould be proper in this type instance, since to oversize Lhe main Mould be -For his particular benefit Only. Also, the allocation of load to can over- size sewer cart be call.ulated, 1-uL wi11 cerl;linly be a lengthy process and subject to v;frying victa points. I'iercforc, I could Suggest that those decisions be made prior to construc'ii1,n operations .beginning so that there is no rlisundcrsf:Inning on 'rhe part of :myone involved. C :could I-I,rflier I i.ke Lo point (11L Ih;tt: your titat.cmunL o int:real ing the sisc of this sewer r;ould opt:n up Lite area to Jensi_1:ies I;II- than eight pc op lc pc I- acreI is noi. a fllrcgone conclusion. Currently, C believe that the area is zoned RIA and to plan for densities higher than perr.itted in that' zoning dist.rir.t, it will be necessary to request a zoning change. >;ra to,:ka/Die t z APTi.-1 7.7 ].976 PaLe 2 • iIleaot:sly, the Plaeniny and 7oning f'i>nunion ma ideas i_n relationship %o this ;roil ldhi_r.h mttkcs y specific y0nr client to tli:rt)s; Ihi.s:�holc m:�ttcr ioit:h i 1. imhor(rant Por lion Scinnci ;O r. Ov,:rsi>:ing ti,c - Senior densities i.s fcesil,le 'ani ter scion P date ti mc. from :ut ngincer>nR st:andpoi3ntomod;te higher - 1 only at this Call m,' -if you :dish 1.0 ,1isc11r,s This to I- further, EAD:mcd cc: Don Schmoi scr S.r:ior Plrnncr Sincerely yours 61ILc110 A. Rietz, P.E. Ci:ty I'll gineer • CITY OF IOWA CITY DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Neal Berlin + FROM: Dick Plastino RE: Model Traffi'd inance 41 �3 0 CLA DATE: April/i176 We will have a rough draft of the Model Traffic Ordinance done by the end of May. I would not recommend that we modify our existing ordinance since it has so many deficiencies at the present. After internal review, I would anticipate we would get this to Council by the end of June. RJP:bz cc: Jim Brachtel ® 0 -71-lo 21 1 LJ civic CEN TER 410 E. W ASMING TON f E. QM F y . IOW/(CIT Y.IOWA 6n,10i % Y '`p 13I YI ]SII OOO �qls ■ MANA oMit April 30, 1976 N.�►( MAYOR MARY NEUNAU R COUNCILMEMEERE ANN RAWER CAROLbn10W L E. EOTTm OAVIO PEA R ET MAX slam ROPRT VEVMA Mr. David Clark Clark's Carpets 510 Highland Avenue Iowa City, Iowa 52240 Dear Dave: I am glad that you came in to talk to me the other day concerning your problem with the building inspection division. Ile are desirous that all employees of the City provide courteous and as prompt service as possible to citizens. The building inspector did remember your call and felt that he had been courteous. However, he did indicate on the phone that he probably would not be able to make the inspection until the following day. In fact, he was able to accomplish the inspection on the day you called. To ensure that the employees are being courteous, the Director of Public Works has reviewed telephone procedures with them and we recently conducted a course sponsored by the telephone company. We will continue to monitor this matter to ensure that the public is at all times treated courteously. As for the report to you, it is the policy of the City that all matters relating to code compliance be reported directly to the person who is responsible for the building permit. However, it would have been approp- riate for the building inspector to indicate to you that the information would go directly to Frantz Construction Company rather than to you. The building code provides that an occupancy permit can be issued only upon completion. If adverse weather requires, a temporary occupancy permit will be issued. However, in this case inclement weather apparently was not a question. As you indicated, the building had been occupied for approxi- mately a month. During this period, we had great construction weather. At the time the building originally was occupied there were several deficiencies, including temporary front stairs. The action of the inspectors concerning the building, in this regard, certainly are in accordance with the legal requirements of the code. n U Mr. David Clark April 30, 1976 Page 2 If you have any other questions concerning this matter, please come in or call. Also, let me know if you have any other problems. siner y yours, Neal G. Berlin City Manager NGa/sd cc: City Council Public Works Director PLANT M,%TERIAL IET Tne following trees are appropriate for planting in tree islands: Small, trees -Crab Apples, Hawthornes, Ginnala and Globehead Maple, Bradford Pear; Large Trees - Green and.White Ash, Sargent Cherry, Ginkgo, Little -leaf Linden, Crimean Linden, Norway Maple, Red Oak and London Plane Tree; and Evergreen Trees - Austrian, Red and Eastern White Pine, White Fir and Colorado, Engelmann's, Norway, Serbian and White Spruce. Tree islands should be surrounded by a concrete curb six inches in width and deep enough to avoid frost heave. Surface coverage of tree islands should allow for adequate air and water. Grass, broadleaf ground covers, shrubs and river washed stone all are appropriate cover. I TYPICAL PARKING LOT SITE PIAN +4 —+4— CONTOUR O2° CALIPER TREE, X x x 20% OF EACH: CRAB APPLE X GREEN ASH "MAY, 1976 LITTLE LEAF LINDEN h, GLOBEHEAD MAPLE % I = 50 BRADFORD PEAR /*2 % X x x X O J \ k X X O n _ U Uj X x iL X x X / x U_ x _ Z U♦ X k k X k � X O X � X x x x x x x x ( x x DECIDUOUS DRIVE GUIDE TO PARKING LOT LANDSCAPING This guide summarizes the requirements Of Chapter 8.30 of the Iowa City Code for parking lot landscaping. It is the intent of these provisions to assure that trees are planted within the City in accordance with the best ecological concepts, environmental objectives and site planning principles, so that the well being of the residents of Iowa City is protected. It is required that trees be planted in conformity to these regulations with development, redevelopment, change of use or intensification of use of property. For more information about these require- ments you may call Planning 354-1800, Ext. 315 or 317. The requirements are as follows: The interior of parking areas shall be broken by landscaped islands for the purpose of temperature, runoff, pollution, traffic and glare control. Theme islands shall be provided at a minimum ratio of one (1) island for every eight (8) parking spaces and be at a minimum fifteen (15) square meters (161 square feet) in area. .Provision of islands under the provisions of Section 8.30.13C does not satisfy this requirement unless the parking area has less than twenty-five (25) parking spaces. (See illustration) in instances when angle parking is used island type B' may be substituted for island type W. (see illustration) Parking areas shall be separated from drives, buildings or as needed for safe traffic movement, f by landscaped aisle- or islands a minimum oT. three (3) meters (9.84 feat) in width. (Sae I illustration) 10 M. TM MIYT w3 k��) ..r.. Trees shall be planted in the landscaped aisles and islands in the ratio of one (1) tree for. each fifteen (15) square meters (161 square feet) of landscaped aisle or island, except for island - type 'B' Section 8.30.13C3 which shall require one (1) tree for each seven (7)square meters (75 square feet) of landscaped island. DEP RTMENr OF COMMUNITY DEVEEOPMENrI CASE OF LOST FUNDS STUNS IOWA TOWN Preston rocked by utility -bill mystery By MARGARET ENGEL 11~ She W~ PRESTON, (A. — The mystery of the mussing $59,000 in muntelpal utility money has shaken this town of about 950 to Its roots. P aria, It was shock enough last September when DES MOINES Donald Witt, a long- time resident and treasurer of the town and of Sl. John's Lutheran Church, pleaded guilty to embezzling ;20,000. from the towns only bank, which he managed. Then, when things were beginning to get back to normal, the shortage In municipal utility receipts was uncov- ered in January. It was a sterner, both because of the loss and because it was clear that peo- ple other than someone inside city gov. ernment must have known somethini was amiss. No Cancelled Checks Many people paying for their utility services by check had not been getting the cancelled checks back with their bank statements, Some for as long as four years. After Witt's guilty plea, he was given a suspended three-year prison term, put on four years probation by U.S. Dls- trlct Judge Edward McManus and ordered to pay back the money. Witt moved — just where, nobody seems to know. He and his wife were divorced. The town tried to forget It. The local paper helped by not printing anything about Wilt's difficulties. "We were asked by the bank not to publicize it because of the relations here in town," explained Jerry Mert- ens- 32, editor of the Preston Times. Then in January, Leon F. Schmidt asked,a town councilman why his can- celled checks for the town's electricity, water, sewer and gas services weren't arriving in his monthly bank state- ment. His wife. Debbie, figured their 10 uncashed checks, totaled ;400. '"There were jut getting to be so many. I thought I'd better ask," Schmidt said. The councilman asked Wayne Eggers, the former city clerk who had resigned Dec. 1 after eight years on the job. Eggers, called "Smiley" by friends, told him to check the town safe. " were piles of checks every- ' where," recalled Randy Neumann, who succeeded Eggers In the clerk's job. "I almost keeled over, I was so nabber gasted." IIt Uncashed Checks They found -112 uncashed checks, totaling $3,531, some dating back to 1972. The ensuing state audit found chaos In the accounts. Working with an agent of the Iowa Bureau of Criminal InverUgatlon, the state auditor's office estimated $59,735 that should have been collected for the municipally owned utilities since 1973 had not been. The auditalso found $2,313 in receipts for cash that was collected but never deposited in the bank down the street. "This is the mystery of mysteries," State Auditor Lloyd Smith said. "There Is more to It .than meets the eye. For one thing, people would pay cash, and Instead of that being deposited, an old check from an earlier time would be substituted. That's why It appears to me a lot of them (checks) were held." More than 100_ residents, many of m wtonow m pay substantial sums to the city, attended the audit preceata. tion, hoping Smith would sort out the mesa. Eggers Is well liked in town and peo- ple were angry the audit didn't spell out who, If anyone, was responsible. Smith, as is customary, did not blame anyone for the shortage, saying it is his job only to present the statistics. A front page editorial In the Preston Times complained: "Like most politicians who talk in circles and say very little, Smith enter- tained the crowd but satisfied no one. You left the meeting knowing that $59,000 was missing and that was about It. What was going to be done and how was not answered." Tom Peckosh, the Jackson County attorney, has given an answer of sorts. He said he will call a grand jury short- ly to look Into the case. Asked to Cover Bond And the city attorney has asked the town's bonding company to cover the ;9.000 bond on Eggers and the $1,000 "faithful performance" bond on Witt as town treasurer. "We've got to recover the money," said attorney Erwin Stamp of nearby Bellevue. "We're going to look for every avenue we can find." Stamp also las written to the firm of McGladrey Hansen Dunn and Co. in Clinton, who did Preston's town audits from 1969 to 1971, to explore its llabU- ity for not discovering the utility i accounts were awry. Oren Schlldroth, the, acc untant who performed the audits, said he doubts the firm should pay. He said "a routineaudit doesn't neceasarlly" turn up circumstances such as those figure in the Preston-cibe.-.Gary Smith. head of the stale auditor's muAlcipal division, said It's possible the-1159,000 was. not missed. because. enough was coming In monthly to cover the. town's bills, although a needed surplus was not being built. Editor Mertens attacked the, $59,000 figure for not taking into account such items as line loss early, payment dis- counts made overthe years. Clerk Neumann said. this. wouldn't' have made much difference. "I would' . have to saythe figure is prettyclose because they (an assistant state auditor and a BCI agent) figured it pretty con- servatively." .. I One of the biggest questions raised at the audit presentation was whether two recent utility rate increases would have been needed if the $59,000 had been collected. Discounts -for those'' - heating with electricity and for those using electric water -heaters' were) ended In February. Natural gas rates also rose 33 ppr cent in January, Neu. mann said. "'The rate still would- have been raised," Mayor Dennis Christopher replied, noting It's the first electric increase in 15 years. "It's because Iowa Power raised its rate to us. There's no other reason." Works as Bookkeeper - Eggers, 36,: could notbe., reached after the state audit was presented. He went into a hospital for five days for tests. He now Is working as a bookkeep- er for the Meinerz Creamery here, which is managed by his brother-in- law. Eggers has refused to comment about the situation: He has hired a lawyer; Keith Staple- ton of Cedar Rapids.' Stapleton says he knows little about the case but will rep- resent Eggers -"on whatever comet; UP,' Stapleton also said Connie Bormann, who continues to work parttime in the clerk's office; has retained a lawyer. Bormann also refused comment. Eggers and Borman aren't the only ones not talkidg:-This second blow has made most'residents of Preston close- mouthed. -�- : �,' .., There's considerable civic pride over having a municipally owned utility in a Preston's on The :state �aulomantioned Donita town slit. (The soAst the billboard welcoming visitors V that Felletµ4h"' 1. y*.of tl)a..Hoenicke the town supplies its own utilities.) Cafe; 3l :bi her checks wen found In the tate, undated and with the But of greater impedance In the minds of many is that nany residents amounts left blank. ' Fe_iler explained' knew for years' Utelr'ibecks weren't she would give Eggert a check when he being cashed. come into the cafe, trusting him to fill "Aren't these people just as guilty?" it in. • - asked Councilman Virgil Miller. "I "When I wanted.to pay my bill he wasn't'in the office," Feller said. "It know there are some people who blame the council for not knowing, but I can was just convenience." say very definitely that no one on the City Council members all have council was aware they hadn't paid." decided the problem Is careless book- Clerk Neumann added. "There's a III- keeptng and will say little zQre. tie bit of larceny In all of us. If you write a check *and no one lashes It, "Don't Know What's What" you're ahead." "rm not answering," Councilman ,Afost of thine with checks 1 Henry.NolUng replied to questions. "I - ;muting say they forgot about them as time don't let anything out because we don't went on. Others venture they knew know whaVe bat." something"was'wrong but didn't want Councilatan Bob Henningson said to.make trouble. - offliAkir worerordered by BCI agent "There certainly wasn't any scheme Bob;SghttaF*lof'Cedar Rapids not to throughout town," insisted Alta Kruse, fafk`abont ttie sltuation. Whitacker did who runs the Preston post office. "It 1 "•much of the leg work on the case. " was laxity on my part, forgetting about Whitacker denied issuing such a my check." (One of,her checks was written .In January, ;1974, for $33.16 dlraetive; "five never said they should net tailt."?%ei have come to a mutual and was found in'the town safe;) apoement � it wouldn't be right to But she wonders; "How could the be making any accusations or deroga- councUmen two know whrlt was going tory statements toward anyone at this on?" point In Ume.' Mrs. Leo Driscoll, who had live I have said I don't think it's right to checks uncashed, said, :"I thought It be mentioning names." was funny.he (Eggers) never put-them Jerry Ritenour, a council member in the bank, but as the me&ehs went by, and mayor pro-tempore until his term I first kind of forgot about•it." expired in January, commented, ''I J.E. Goodenow, the previous . city think this has been blown out of propor- attorney, sald he did not know about his Uon by the Atate auditor. ,There's no i six uncashed checks, totaling $40.3.9. doubt there's sure some grass unit- !The first one -.was written In..',-April, . Bence, bpt•nq one, made any irio4ey; on v (p: -1974. .. .. 1/.,, s a llfoney. Forward, oddly: the. council has decided to dis- miss the new clerk. Neumann said he miss "About that time we had hired a was asked.for his resignation in told- bookkeeper, hired for,the first time," AprlL The council's agreed-upon Goodenow said. "I wasn't aware of It explanation isthe)ob was too much for personally and we jus( kept carrying the 22•year-61d Neumann to handle. . the money forward." "I don't think it's any of your busi- The county auditor's office also had nets y.we fired him," said Henning-" a cbeck found in the town safe, The $32 ;son, Td,we didn't fire him. We asked check had remalued : uncashed since him to tut "Whir res lion." July, 1973. The ofllce,has begun a new gold N mann: "If I had any Idea of policy of tracing checks not .cubed the'pirob ie that We developed, I within 60 days, an employe said.- wouldirever.have taken the job at all." Evelyn Thlede, a church secretary, Anal. arodail .7@, who was town said her four yneasbgd checka.Awo of I her clerk;6nu1., 960, Bald she's "just sick" which still are' misdug, slipped over the b g�gularities. . mind. I dogOuoderstand how anything ed Wayne (Eggers) tit " Yne like tkat 6usld'happen, We tookour once .In. 1973 but got-no action," she -moo4to*bsnkevery said. "I suppose really we should have— confronted the council, but•I•thoughl I _ was the only one.•• Barbara Brown, who runs Jack N Jill Grocery with her husband, Ken, also Inquired about their $239 checkthat took &,year to be cashed. "We mentioned it several Umes to the clerk. fats of as wondered what was happening, but I thought it was poor bookkeeping,•• , .... r, ., 0.... 7 � t ;t r V i )F R a l i h T t 1 i __ 5v ..� �.s 3 �! t w f F _:. � s'. �. t ; `;£ � `: � _ c �4 y d 7 )F R a l t •' h T t 1 i f C l � �! f �_1 1 :, t a � 'i {;. �. F Y � f '- r I.. 1 � F: k �. F t L 5 i ....d � % ih t) �: _��rS': �.; .:.5°��'_44r :�s� i': iso,' _:. � s'. �. t ; `;£ � `: � _ c �4 y d 1 )F R a t •' ..' ` Z _ f�'.. i _ C � �! f �_1 1 :, t i•^ f ~G {;. �. F Y � 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£ (Np zron n,G OO'I Po i5Oc OH _ �tJ+_. NlnO rt •'NU, po rr Hyy ' O ei N t•• WV rt OYct• atn • ol � n Y• i �-. O hfi a O �.l.�. C':31) :I— y Yo�tG. K to e Ln x CD NY.j • � m S tl]^i N� �... O ~.+• 7 K O i� O �o'73 n H f rt^J w H 7' 0 rt >p7 CD> H o• C)CDkD o WV A C N~ to ' 0 7 c* 0 W V O rt ' N O H o 2aq n O CD i CC n w, 0 K� K-CDsn w yam H d yc' 7c' tn CD P. IDz� w m H Ln N rtN ft vs tst p A A A A A 'P . V N V V N V N N N N .• .. 0 o O O O O O Co 0 O O 0 0 O W W fa N to co l0 W c. O OP eW dP o,P N A to V co CO CO 00 0 p O tv vi o N O v, o u. r V 1 -+NN V+GON NN �] r ' ro d o C] NlnO � n n •'NU, po rr Hyy r� M:4 .0 O vn r. o'er i�oQ N m H.M Y• i �-. `•C . �.'� G H ro y y Yo�tG. N "-n � m S O, ` 7 V Wr i� cn y r C] NlnO •'NU, po cl r� �Y�P i ice_ i�oQ O N N O W G• I` I Imo° 1:, i.::i- /< <4 T.- 211b s>a1b 1 I I I I ult+wiM� t� Mis. I 1 New 2-6%a (Alk. %",a + 0) RecoftL4tV0V% t7f JS X%W(Apft G) • • • • • • .• qeW a- lute i�-*acc (PAhv) I 1—Lem \y-PaaL iAN. D� I W%c%M Pcu) I I I i I 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