HomeMy WebLinkAbout1976-10-26 CorrespondenceHELP FOR OWNERS OF MOBILE HOMES
lielp for Owners of Mobile Homes ( H.O.M,H ) is organized
by Iowa City residents who either live in mobile homes,.. .have:
lived in a mobile home or are citizens aware of the problems
encountered by many who do live in mobile home courts in the
Iowa City area.
There are nine different sales outlets, 13 mobile home cgiirts!
and approximately 2500 mobile homes in the Iowa City area, z
For several years we owners of mobile homes have be,en.com
plaining about the problems in various courts to civil and city
organizations only to be told that we have no legal rigtitsto,
fight unfair evictions, arbitrary rules, harrasment, fo;�ced
"kickbacks" to managers, and other problems.
We feel that mobile home owners, after investing anywhere �f _
from several thousand to $30.000 should seek some reassurance
that once we place our investments on rented lots, we will not
be asked to vacate that lot without ,just cause.
We mobile home owners protest being subjected to the shims;
of court managers, seeing our children harrassed for trivial;
things, and living in constant fear of being evicted without
cause and on sometimes as little as three-day notice,
2
We have compiled a growing list of 23 problems that we
call to your attention. We need regulation of mobile home Courts
to prevent abuses and unfair practices. lie would like to Have,
reasonable rules. We would like to feel secure that j.usf because
a gentleman has hair over his ears and wears a beard, he w ;ll1 nqt:
be given the choice of cutting his hair and shaving his beard or,
moving his mobile home in 30 days. Is this not discrimination?
We would like rules that do not change from one day to the
next. Suppose you moved into a court because they alI'owed pets
but are told later that the rules have changed, no pets are any
longer allowed and your dog you love would have to be put. to
sleep or go to the animal shelter. The only alternative is to,
move. The cost of moving a mobile home is not cheap, It costs,
anywhere from $400 to $600 for a single -wide mobile home And.�up
to $1500 for a double -wide.
Children have been told when they may be out of their home,
!�
and when they may not. Lot renters have been told by the mznage-�
ment that their invited company must leave the court j
an.eml�az=.
rassment to the mobile home owner when he was entertaining in an .;
orderly manner.
In the last two and one-half months managers have evicted
six families. All of these people feel that they were evicted.
unfairly. They have no legal recourse„
3
We feel that one of the reasons problems exist is be'cau'se
mobile homes are restricted by zoning to mobile home parks.
City zoning in a sense gives the court: ovmers a monoply because
the mobile home owners are required to place their mobile.hotrie's
;
in a court or buya large
g quantity of land and have it rezoti'�;d;
;i
for mobile homes. As a result owners are powerless by being
"zoned into courts" unless the City Council also 'protects mobile: i
home owners against this unfair power of the court owners.
created by zoning. It is unfortunate that parks abuse, their.
power over the mobile home owners, but, never the less, our o#Ly
long term freedon from abuses will be through City Council aG;C on
I'
on a mobile home court ordinance. Therefore, since pact o,f the
problems have been caused by the zoning laws enacted by the Gity;;
h
we feel that the City Council has a responsibility to the:mobile
home owners to correct the problems.
Mrs. Leighton Passmore
President of H.O.M.H.
R.R. #5, Iowa City, Iowa
/ *problems of Mobile Homie Owners
1. No lease.
2. Eviction of lot renter with a 30 day eviction notice with no,�oaaon,.rnr insuf,
ficient reason given.
!
3• The right to appeal eviction.
4. The harassment by managers or court owners of mobile home courts for sexual
favors.
Ii !
5. The harassment by court managers or court owners because of liijestylgij.o
x
beliefs that differ from their Own.
6• The harassment because of the number of visitors at one time.
7. The harassing of children or their families for trivial or
petty things$.
8• The degrading of tenants dame or character b g li
y court managers oowners . ('
9. Evictions or harassmtents due to age or make of mobile home
home is kept up). (as long ati; mobile
10: Fear of retaliations by court managers/owners for voicingten 1
agls, opin;[pns.
11. Fear of retaliation by court managers/owners for contacting othejr mpbi];�:
home owners in park or parks, concerning problems in court or coiurts.
12. Increases of lot rent other than on a yearly schedule (continuedlincrea�es
more than once a year),
i
13. Continual changing or additions
to court rules (unnecessary or rivlal)';,.,
14. Discrimination because of marital status. k
15. Maintenance of playgrounds, playground equipment and: streets.
16. The collecting of fees by court management o;r court owners, when i?obilehome j
owners sell or transfer title of mobile home to other parties.
17. Disregarding of health codes and safety regulations iby court manaigers and
owners (sewers not hooked up properly, causing foul odors and pogjr elimj:;�acions
{,
of waste from mobile home. Inadequate wirinft from elis
with bare wires exposed.) ectrical pol'ea_ox p
18. Proper maintenance of laundry facilities when:pro.vided for by court.
i
19. Open mailboxes (no keys or locks).
20. Discontinuance of water, gas, or electricity, by management withouir propetr,
notification from office manage
panies). rs (not including iemergencys by utility cgur
21. Paying of utility bills to management instead or utility' coupaniesl (proh;l;�;ma
of severance of acrvA-•� »ecpuse of deliciquentlAs);
22. Collecting of extra lot rent or fees fo;.house guetsts.
{
23. Dictated to by management in regard to not biai'ug free to renting o,:.IE apare;i;,
bedrooms. i
•
City Council
City of Iowa City
Iowa City, Iowa 52240
Dear Council Members:
0
October 16, 1976
Iowa City's towing ordinance certainly would be of benefit if
someone parked a vehicle on a residential yard or drive unauthorized;
to a business where a motor vehicle had been left for more than
a length of time specified by the ordinance; or in a manner to be
blocking a designated pattern of traffic (including the passage
of a semi). But to authorize removal in less than 12 hours or
without attempting to notify the owner is certainly over zealous.
I hope no one has the misfortune to have car trouble in front of
Hagen's TV on South Gilbert Street --especially at night and
manually push their car against a wall out of the way even though
not in a "parking space" (it is a bit difficult when pushing and
steering by one's self). There is, of course, no parking allowed
on four lane South Gilbert. In Jess than 12 hours (a little
more than 9 hours overnight to be exact) the car has been moved
(towed away) at the request of a Hagen's owner to the police.
Consequently, if you should leave your car unauthorized, even on
business property, it will be necessary to notify the police or
call tree owner at his home at night or as soon as he arrives in
the morning. A note placed on the windshield may somehow not
remain.
In fairness to all, perhaps something a bit more specific as to
time and attempting to notify vehicle owner should be written
into the towing ordinance.
cc: Press Citizen
Hagen's Furniture and TV
Sincerely,
Elaine Shepherd
606 Keokuk Court
Iowa City, Iowa 52240.
Vic_
-Us
,•� � I 1 t�W [�� (/r F �/����� \r /��� I C �_ _: V`Ea o�JE Ma �y.Y.'- YST
<<,t a
POLICE KPARTPU F
11s" Elaine SI eph,rd
606 "00buk ;;trcet
I„wa City, I, 57240
Dear F1;. ."h },lr,-rd:
Y"ar 1"It"r, to i}„-. City'it
, .Ur,
in regard to the re-
cent t„witty or yut ^u,, i t f: "rr,
Illsllagen'
ls h, ,•n rrfe•r,•
rd tou,.tur r�"i>ly• I aard as parking lot
c•cncm"S ,and conr.'•rns .and will I, 1 wppeciate your
of your
letter to the City Att,,:lcy for 1( -View as toyposs`'ble
,amendments to the existing i,awnee.
Whilo I can und,r-5l•,nd the
WIWII Y1,111nt t ,., t r >t. }, prt•d i Lament you encountered
e n in 1 ",:nt of H. o
as11.J ,It..t -I `•n S, it appears
w.ay ,n Q,t rt "l "i' transported
tq n any
norlty ,•Ithol'a ';' ✓ ' ,ffi�•(},i.r" `IJ; !,Olfle reSponsibilltt
m,'nt :;., I},.it t, -'wing ,.i,l;, �Cr tY ,an„•e �'r the Police Depart -
With I h ^ i I, t. I .absolutely agree
y t t r i ha t ;.ug nests this
not if icAt iiri uliF I
to Poll„a.;• I ht l.,"Por cause of action
Dt ai„rL•unt ,,.,., 1, h 0 the Iowa City police
v,•d .a a th'r instance we would
hive r,•id v” Py , e• (f "c l I n„ t i ( t r
ahly : Ilr• ILI; . Y ti.a.'a•n I sm reason-
s w - I- as the Pn ice Department do
not want to ,�,! ”' if,„�.•.iy,
"101”
i, l.it i„11 of ,a I( nee janyone, even though
ty i,a nice did occur.
fop y'Jur 1, I ; r r.
j, -•'+r, p:,•{l tai Il (-,:mainly con-
, � l i t K. WA , � r•u .... I ' ,
ay .atfer_t future
�a V.j
I,J) I,:o r•Ft ,,,t
'• t• I t y Ail ".. a: y
City Council
City of Iowa City CCT 1 ? i9iG
City Administration Building
Iowa Cit r, .r.+.:. ST t7i,I'$
Y. Iowa 52240 CITY CLERK
Re: The Peninsula
Ladies and Gentlemen:
On behalf of the owners of the above Property
formerly known as the Donham faun located south and w
Country Club), w st Of ore tract
following: I am wasting to You seeking your consideration p the
i • This property was annexed to the If
decree entered December 1, 1965,
Y of Iowa City by Court
2, Since annexed to the City, this Property additional municipal services. I am sure that
the elements involved in the annexation of aY has received no
that the You are aware chat one Of
City will, within some reasonable timfu property is the understanding
property, In this case there is no City sewer furnish service
believe that City fire and or water s to the
nearly 11 years later, there
protection are minimalavAtthd and I
City services beingare no plans of which I have knowledtime,
not possible to develop
t available to the propert knowledge of
as it is subject to allProperty
therePerty under these Y• Of course, it is
quire circumstances .as long
requirements of the City's existing ordinances.
It is hereby requested that the City immediate)
furnish the nncessary facilities for development of this
reasonable cost and Y undertake and
I solicit your cooperation for such property at some
Purpose.
Very truly yours,
lIX
i iamL%�,
on
W LM/s c
s.
WILLIAM L,MEARDON
WILLIAM
MEARDON.
SUEPPEL, D OWNER
F SUEPPEL
ROOERTN
& HgYES
DOWNER
LAWYERS
JAMES P HAYES
100 SOUTH LIMN STREET
JAMES D,MCCARRAGHERIOWq
THOMAS J. CILER
CIN IOWA S?_240
TELEPHONE
MARK T, HAMER
338 -we,
THOMAS O. HODART
AREA CODIC 319
M,MARGARET LAINSON
October 113, 1976
City Council
City of Iowa City CCT 1 ? i9iG
City Administration Building
Iowa Cit r, .r.+.:. ST t7i,I'$
Y. Iowa 52240 CITY CLERK
Re: The Peninsula
Ladies and Gentlemen:
On behalf of the owners of the above Property
formerly known as the Donham faun located south and w
Country Club), w st Of ore tract
following: I am wasting to You seeking your consideration p the
i • This property was annexed to the If
decree entered December 1, 1965,
Y of Iowa City by Court
2, Since annexed to the City, this Property additional municipal services. I am sure that
the elements involved in the annexation of aY has received no
that the You are aware chat one Of
City will, within some reasonable timfu property is the understanding
property, In this case there is no City sewer furnish service
believe that City fire and or water s to the
nearly 11 years later, there
protection are minimalavAtthd and I
City services beingare no plans of which I have knowledtime,
not possible to develop
t available to the propert knowledge of
as it is subject to allProperty
therePerty under these Y• Of course, it is
quire circumstances .as long
requirements of the City's existing ordinances.
It is hereby requested that the City immediate)
furnish the nncessary facilities for development of this
reasonable cost and Y undertake and
I solicit your cooperation for such property at some
Purpose.
Very truly yours,
lIX
i iamL%�,
on
W LM/s c
i0 tl.e Uf—u:cil:
1 tave eon adviseu by the
N&nater tl_at an orainance
unnecessary health haza d
and reface,
0
,'ire i,hie£ and the City
is necessary to eliminate the
caused by burning leaves
4 peo;.le, of the +_'nitea ..testes esre beink, assessed
billions of dollars _n taxes and higher product prices
to elininate air pollution. It doesnit nake sense
that a city should continue to allow this type of
poll'Aion in the narre of ease and convenience.
The h ndreds of people in this eOmmunity who have
lung and heart problems suffer irreparable and
Irreversible danage whenever they are exposed to air
enthat ,jughsfilled witil ktrouble avoidingu�necnt:rolledttobacco have
without ueing forced by the city to inhale large
amounts of leaf anu refuse spoke at this time of year.
I tope "One 01' you are uifort,,.nate enough to be
afflictea with enphysena but if, you areyou,ll
unders[,anu the need to eliminate this unnecessary fcr>,.
of air Pollution.
I urge this council to initiate and adopt an ordinance
ban.An„ leaf atu,r refuse burning;.
Than.;; 17,: a.
Jury holm s
5J3'%lrant Jt.
0
COMMEILC L
p •� I
o f p p � CIVIC CENTER 010 E. WASHINGT.N
OSC
� � n IOWA CITY.IOLYA 53.^i0
w
_ t J 01913$1.IDDO
p am =
.ID"NCrr%.T. October 27, 1976
MAYOR
MARYNEUHAUSER
COUNCILMEMBER3
ANN BALM ER
CAROLdRPROME
L P. FOSTER
DAVID PERR ET
M SEITER
ROBERTVEVERA
Mr. Jerry Holmes
503 Grant Street
Iowa City, Iowa 52240
Dear Mr, Holmes:
The City Council received and placed on file your letter of October 15
concerning banning the burning of leaves in Iowa City, As we discussed
Previously, I concur with the views expressed in your letter that the
smoke generated by leaf burning is an irritant for persons with various
lung ailments. Refuse collection in Iowa City provides for the pickup
of loose leaves during the fall at designated times. Leaves in plastic
bags are collected with the regular refuse collection. These collections
eliminate the need for burning leaves; therefore, the legal staff has been
asked to prepare an ordinance to ban leaf burning in Iowa City,
Thank you for making your views know
the future, please feel free to call
Sin erely yours,
ea "G` e L s
City Manager
Is
CC: City COLMCiI
City Clea
me. m. If T can be of service to you in
hnson Ant,
regional planning
Center _'
City, Iowa
Commission
As you are aware
County RegionalePlanninrar.sit Advisory' Committe of the Johnson
Planning, pr°grammin g (cmmission has
improvements g' and coordination been involved -In the
mittee hav in Johnson countyiriation of public
e heen directed • Recent transportation
transit develo towards activities o{ the
area and act• pment program for the development of com-
Iowa State Levities the Iowa Cit an updated
Public Tra es urge scipPO2't city -
urban
ns it t1ssista towards the inn the last sess•
nee nitia ion of the
At its October 6 program• tion of the State
discussed 1076 meetin
transit and reviewed vee g' the Transit
fiscal yearist7nce f sous Proposal Advisor
10,7• U. that willpshortlfOT use o{mmi tee
attached The committee the
summary information has asked become available for Of
Urban and Re developedsked me to transmit the
natives for theguseal search, identifyingy Brent 0,
brief note of tate transit variousRair' Institute
explan
P nation regarding funds, and to Plan alter -
g each alternativerovide a
n page 1 of the enclosed
are listed wit material Fc' iasis
net costs, These gross costs, 'sbimIc ImproVe option
vice, addition al
p ementoptions"
men, o
for.a nal peak -hour service, otions '••e: extended even-
and
tatio Publicly operated elderl a71'` various € ser-
e sere'eti'enin
fptrly good fibs ; • the budget
I Igurf d S" --"ca ped Sor pec' concepts only estimates f-
{air how 1 tra
improvements 1s for initial coeT they probably
i'mProvement
w:,ich could be funded y constitute a
unded with of alternative tra
On page alter the state assts nsit
identified for native combinations Lance money
state assistance {fiscal year 1,),7 of these improveme
3f the fund. budget of $150 I'rOgram based on a nts are
ted b g level f ,000• This is w• n assumed
Y the Iowa DOT officialsity °f Iowa Cit ithin the range
However, ) initially identi-
nothing prohibits the
(z)
0
City of Iowa City from submitting an application for state funds
based on a program with a higher dollar amount, and the Council
may wish to consider this possibility.
Plan A: This program provides for initiation of an extended
evening service, with a relatively high level of service -
half hour headways to approximately 9:00 p.m. and one hour
headways to midnight. This program relates to the objective
of making Iowa City an area in which it is possible to live
without a private automobile.
Plan B: This plan provides a combination of improvement
options within the assumed budget limitation. Included is
limited evening service (one hour headways until midnight),
an elderly and handicapped service operating five days/week,
and additiohal peak -hour service on one route of the Iowa
City transit system. A relatively small budget is provided
for marketing and promotion. An advantage of this plan is
that it provides an opportunity to do something in each of
the priority improvement areas identified in the recent up-
date of the transit development program. A disadvantage is
that by spreading the funds too thinly, the improvement pro-
vided in each specific area may be less than optimal. For
example, limited evening service with one hour headways may
be far less of a success than providing evening service with
a level of service more comparable to current service during
the day.
Plan C: This program provides for the initiation of a publicly,
operated elderly and handicapped service as does Plan H, but
provides more funds in order to provide additional operations,,
for example seven days/week. Also, substantial increase in
the provision of additional peak -hour service is included.
The provision of additional capacity during the peak -hour is
an improvement which is related to maximizing the impact of
the public transportation system on the reduction of auto travel.
demand (congestion, street widenings, parking requirements, etc.)
I hope this summary of the transit improvement options open to the
Council with the state transit assistance funds, is helpful. If
the City Council feels it would be useful, the Transit Advisory
Committee has asked that Brent. Bair and I be available to discuss
this information at the time the City Council takes up consideration
of the State Transit Assistance Funds application.
As part of our study of the special transportation needs of the
elderly and handicapped, the staff of the Johnson County Regional
Planning Commission is currently preparing information dealing
with various operational alternatives for the initiation of
elderly and handicapped transportation service within the urban
area. This report will include a review of alternative funding,
operational, and organizational requirements for the expansion
of elderly and handicapped service currently provided only in
(3)
rural Johnson Ccunty. As indicated in the discussion of either
"Plan B" or "Plan C" the state transit assistance funds could be
used to fund this extension of elderly and handicapped service.
Our report will provide a specific proposal for review by the
Council and our Subcommittee on the Special Transportation Needs
of the Elderly and handicapped by October 25, 1976.
Additionally, the preapplicati.on submitted by Johnson County for
the Office of Human Development Coordination and Consolidation
Demonstration Grant program, has been selected as one of the ten
finalists nationally. Technical and consultant services will be
provided by f[Ew in the development of a final application to be
submitted by January 31, 1977. This grant could provide monies
over a two-year period to finance administrative, planning, and
programming costs required to integrate the nine existing providers
of specialized transportation within JohnsonCounty. The staff of
the Johnson County Regional Planning Commission will be working
closely with the consultant and the elderly and handicapped sub-
committee in the planning for and develop
tion. ment of the final applica-
Please let us know if you have any questions at this time.
Sincerely,
AI �
i
Dorothy Douglass
Chairperson, Transit Advisory Committee
cc: Neal Berlin
Steve Morris
Brent 0. Bair
DD/db
Attachment
-1-
f
.
Bre 10 Bair
Ins rte of Urban and
Regi
ial Research
10/5/76
Alternative Iowa City Transit Improvements
Gross
Estimated
Net
Description
Cost
Revenue
Cost
1.
Extended Evening Service
i hr. hdwy. to 9:00 p.m.
1 hr. hdwy. to 12:00 p.m.
$203,000
$ 50,000
$153,000
2.
Limited Evening Service
1 hr. hdwy 'to 12:00 p.m.
$135,000
$ 40,000
$ 95,000
3.
Additional Peak Hour Service
(5-6 hours)
12 min. hdwy -- 4 rtes.
15 min. hdwy -- 6 rtes.
30 min. hdvey -- 2 rtes.
$180,000
$ 90,000
$ 90,000
4.
Elderly and Handicapped Service
2 vans (1 with lift), 25G fare
a.) 8 a.m. - 5 P.M.
5 days/week
$ 45,000
$ 2,500
$ 42,500
b.) 8 a.m. - 5 p.m.
7 days/week
$ 63,000
$ 3,000
$ 60,000
c.) 8 a.m. - 10 p.m.
6 days/week
8 a.m. - 5 p.m.
Sunday
$ 91,000
$ 4,500
$ 86,500
-1-
f
• Brent 0. Ba'S;r
titute of Urban land
5`n61 Reserach
10/7
Alternative Combinations for Using
State D.O.T. Money
(APProximate Budget -- $150,000)
Plan A
Plan B
Extended Evening Plan C
Service Limited Evening
$153,000 Service Add'i Peak Hour
$ 95,000 Service
$ 90,000
Elderly and
Handicapped Elderly and
Service (a) $ 42,500 Handicapped
Service (b) $ 60„1)06
1 Add'1 Peak
Hr. Bus $ 9,000
Marketing and
PromotionMarketing and
$ 2,000 PromotionMarketing and
Total $155,000 _3,500 Promotion$ 3 .5100
$150,000
$153, CRO
wa
N
0
L]
( W n 11F.-+� • CIVIC CENTER AIO E. WASMING10U ST.
• Y y// (/v'/,IOWA CITY. IOWA 51240
13I9A 06A 1800
November 8, 1976
MAYOR
MARY NEUMAUSER
COUNCILMEMEEAS
AHN BAWER
CAROLGPROSSB
L P. TOTTER
DAVID PERRET
MAX SEDER
ROBERT VEVERA
Ms. Dorothy Douglass, Chairperson
Transit Advisory Committee
Johnson County Regional Planning Commission
22k South Dubuque
Iowa City, Iowa 52240
Dear Dottie:
The City Council received and placed on file at its regular meeting,
October 26, 1976, your letter concerning Transit Advisory Committee's
recommendations for public transportation improvements in Johnson
County.
I would like to thank the Transit Advisory Committee of the Regional
Planning Commission for its in-depth study of the transit development
it
program for Iowa City and Coralville. Shortly the Council will be
reviewing goals and objectives for City functions as we enter into the
next budget cycle period. Your recommendations for transit expansion
will be evaluated and carefully considered at that time.
If you have any additional questions, please feel free to call me.
Thank you,
Sincerely yours,
Neal G. Berlin
City Manager
enc.
cc: City Clerk
City Council
'Ictober 3, 19;6
Towa City Coll' < i 1
City of I<wa c' ty
Civic Cent '-f
At tri: Mat ti N, fAi iu ;,•, M.J ;,
Dray May(-,t a, 0 -!, :l Morl,,•i
I r•ar, r:irat ri,I that Pat r-i -,k More• t, appointed to the
E]r-rtt i_i,al F;x c i,,,Jl ion Roat ! ac; fh,• ii,urrieyman electrlcaxi.
1 hav- r;.i.i F,..,r::•.�zial ,,.!!tact wi`.h Mr. Moore, he has work-
ed on inarr•, „f ry pr-.ejects, arid tie has be,n very courteous and
helpful, al,;,. ::aFm:; tc• know -.odes :,r %riw to check them with-
;'lJt' an`; 1Co.1 f ( it"r• f O '-,l:Jr "rnC .
w i ho a r'-'at as.;.•t r the board.
Cnry truly yours,
,
T„rr. Alberhasky
i
i�
r
i
i
'I
it
t
m:,
�•r
Uctober 9, 199E
I via Cir
r?i Vic c'r•rt e -r
At tri: h,ar v :;:•i:i,au.:r r, May's
Dear PIayur arr: r_'nur' it til«ami, •r;
I leaa;n '-vt11., !'arnthF bmrn•,Yman electrician rir`i' Mnr're •c r
theor, thf1c•, r r•.. ,-r1 F,xan:ia! ,n r,
ar.f.
I have' 1<u ".rrr F.rrri k f r a ruamb r' rr years and he has clone
work un my ;e t ;;. (1e [- vert euerr;et is arni willing and helpfl.rl.
H.- i cor,:x tent nt;: about tri:: wcrk ar 1 knows all about the elect—
'111 1 brr ,j Meru=!'it to the board.
.incerely,
I ` n
riald Schiotler
S
NOTICE
CIVIC CENTER 414E WASHINCTGH: S7;
IOWA CITY. IOWA 52240.
�19a5p-15(10 '
The City Council, of Iowa City is considering an appointment tof,
I
the following board:
BOARD OF ELECTRICAL EXAMINERS AND.APPEALS
One Vacancy - Four=year term
October 26, 1976 - October 26, ¢980
This vacancy must be filled with a persoA who Is a journeyman
electrician and a current carrier of a jouineyman,catd.
Iowa City appointed members of 'boards and comniss,'ions must be
qualified voters of the City of Iowa City.
This appointment will be made at the October 26, ,1976, Council;
meeting at 7:30 P.M. in the Cotmcil(Chambets. Peisons interested
in being considered for this position should contact the City
Clerk, Civic Centex., 410 East Washington: Application kbrw are
available from the Clerks office upon request.
1 bo'Qa4l�chewt Qh .
City of lawn t
n�EMORAn
DATV
TO: City Council
7F
fROM: City Manager
RE: Perpetual Trust Fund
October 211 1976
On October 6, 1976;, the City staff met with mWstersr morticians, andotherpersons interested.in the revised propose& ce'metery ordinance. At that �ieet-
ing a question was raised concerning, the st
trust fund. atus of the cemetery perpetual can
7"n 1972 there was a; balance of $79P674.77' in the perpetual carq' trust
In FY 1972 $30,631, 00 and in FY 1973.$49,043,.77 was transfe fund,
budget for cemetery,maintenance TTed to'the:opeiati
ual care trust fund,; purposes. These transfers depleted the p6ipet
Attached to this memorandum is a legal opinion which
have the authority to .dispose of'a e t
stales that. the City does
P ?Pe I , care trust fund,
In 1971 a State law requiring
cemeteries was changed to make
change did not relieve cities
Also, this legislation did not
Pal care trust £unds�
cities to maintain, cemeteries as.
perpetual. care optignal., {bweY,
of'the responsibility for mainta:
provide a method for disposing c
Chapter 3,6.4 0£ the Iowa City Code continues tolprovide: ItPe
municipal cemeteries ishall be, perpetual cam cemeteries and all ,l
maintained as such,, The City Council shall1. determine by resoluta
of the purchase price o£ a lot shall beset aside for a Perpetual
IL
since ttovi he decision was made in 1971 to dispose o£ the pI
tribof
ution has bsenncrossed.ouhe teon allenew deedsPre des for a perj
The Manager has discussed, this matter with the former finance.diYe
Pugh, who indicates that at the time the decision was made to fug"
of the cemetery with the perpetual care .trust;£iuid the matter was
the City Council. The former .city attorney, fr. Jay Honohan, recd
With the Former city .manager concernin the transfer of the cemete
perpetual status, However, Mr. Ffonohan states, that he was ,not et,
an opinion concerning :the disposition of the, perpetual care; trust: is
of the formal records of the City Council. by the City Clerk!, does iii
discussion o£ this matter, The enclosed budsCt ndtes. of the Final',(
seem to indicate that the discussion probably ,took place at an anfc
discussion, The difference between the casK balances discussed in
Department notes and the figures mentioned in this; memorandum resri]
figures being prepared ;at different times,,
,4
kl�
this:
care,
c a;
to'
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¢i: care.
!care 4
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City Council
October 21, 1976
Page 2
There are several alternatives for Council consideration: 1) Acceptithe previous
action as appropriate in ..that the City still is obligated to maintain the de'w yiy;
2) seek Court approval of the previous action. (Howevet^, the .City Attarneyls°staff
believes that approval of'such request would be unlikely.).; or, 3) recrreate.the
perpetual care trust fund'. The problems involved in finding $80,000,,in thgroperatii
budget for this purpose are obvious.
The Manager believes that the City has a legal and moral obligation.,ko maintain the.
perpetual care trust fund. Therefore it is reGamiended that the fund be rec ted
In the amount of $79,674.77 in a timely and prgdint #wmper.
TO:
FROM:
Cift nf Ir%UL#--JM 4*42&-*
DALE: 'October Is,
;976
Neal Berlin,
City Manager
Angela Ryan, Asst, City Attormy
RE: Cemetery Trust Pund
PACTS
Prior to 19711 the �Cemetery
Cemetery contained the. following PDIMXYVdl Of Oakland; Municipal,
and agreed that �ion: !'it is IvIdLerstOC4.
consideration is Paid for------ dollars of the ;above
for
pezpetuaa care of s to be. kept in a fund .
cessors said cemetery, and that the City and dts:suc�--
are ihe bound at all tig� + I
care for keep sai lot and the gave lwxpafter and fojey"�6r, tx
In 1971, grave thereon
city
Cut; this: in good or,der
chan provision of
la Perpe 0 4 the deed d and
I carelt Non-pxerpetual Care 6&mtery;,�
MMION PRF%MEP
Must the City continue to M. t
separate from the geperaI fun& I a�n the perpetual cafefur4
for those; lot; already
sold?
CCNCUISICN!
Section 566.14 states that the
set aside for I?Ortiojj of ceme
te
xy ]Ot sales
perpetual c< -ire shall 'be used in carin f
Property of the donor and for no o g or.thLe
Perpetual care fund other Purpo
Must be maintained; seTherefol*,r the
with this , provision in ane"Or the -lots alredClY sold,
cemetery.deed
Howe,,,,
aside i 'since section 566.14 states; that
Money shall be s64
n accordance with the agreement for sale, U�.e City." '
cemetery lots Without, a Provision f6r " City." sell.
Perpetual . s6tt, .1 ,
care. The perpet Ing aside a por.tum. f,'
to those lot 1. 9;1
s in which it care xx 'reme'nt would apply oply'
a tem Tmthe deed.
DISCUSSION!
1
"Ie mana9ement Of 'cemeteries by,the Iowa co7Utnicipalities is govi 1 6�
the following sections in de.
566-14
ciPal corporation as trustee.
tO* a are I herelbyfreated trustees in Countio citI66
accept, receive, and e*xpend.aal, pexpetuity.1f are leguil
e.
MMXYSI and ---- --
Or left toj them by bequest, and that
sales Or per Mitnent charges made a -c '- portion Of cere ry ipt'";,
lots,,
has beemis;et aside I anetexy dlidl
caring f I or thetnei� in
3-n a Perpetual:CiIrP fun,d, tobe
Property, Of the d9norpr Or lot owner
who; by
• 1
is
Purchase or otheerwiinse hzo Provided for the
of a cane aoY caiovi Perpetual carie
terms of such donation o or a`OD ''!Wlth the;
Purchase of a 'Wiest, or acgreemeht for s 7e and. l
received shall be lot, AN the money or property thus
for no other Purpose.
566.15 Authority to, invest #ul,
visors, mayor and council or The board of'=per `
may board of taus case
Y be, shall have authcrity'to receive and ` as the
l.
and property, :so donated ;or k7e�Neathed invest ;all moneyis _
ofnetery lot sales .;and peiinarient"and that Portion of
cemetery lots which has charges ` against
fund in such authorized'i'rives,tmenIde in a perpetual care JI
scribed
in section 662uchi.23, or as, the sand >h thu manno-4. pre-
ter 9
such securities �Y must' be !invested at thame e it e f Ii
investment in car �y'shall use the inama f�,s li
cemetery, or as shallfor
the Property of the donor" in, any
or donations ora Provided in'the ten* of sucji gift
lot. agreement for ;sale and Purchase Of a,6ane
terY,
566.16 Resolution of acoeptanpe _interest. BefprE',dri
of ;the principal�'
may be so, invested or used, the said,countY,"rtl
Y, board of trusties of'.,cities'to wham the x ;t. of
nnuiicipai cameteriesihas been transferred
civil township shall, by o? din4nce or
law as now provided ''resolution, in accords with the
accept, said
that portion of tery
cemetery 'lcit sales ortion�or bequest, ;and t
care of ceainst �perpetual
t lots which is to 'be used. for t � Moe
Provide for the Paymelotsnt of ll' by 'said-resolution duly
tereest thereon, payable annually, U
to the o�teyY general fund or to the thereon
cemt
to the Person having charge�of said tenet ter?' associations o%
caring for or maintain �?'� to used in
m1 't4�e individual
in said cemetery; or lots :wliich have pl' 'of the donor
sale; Provision was made fob-.the been sold iihere, i# said
to be in accordance with forthe. PE`�tual care thereof; all
or the terms of the sale or, t",Of the: donation, or befit
Purchase of a.cemeteiy lot.'
Since both the terns of a
city to maintain the trust 'ink deed an a the
566.14 regua e,the
still exists, it is tustPL the, PurP?se,for the titt9t�
unlikely that the, Court would allow its,I'
temina
Therefore, a separate perpetual care fund
the city for the lotsin
therefrom most be sold with ;this term andtrust 2FI,
must. be held ?fiterest
used in car the inane or. f
ing;for the,prop� , of the donors.
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cc: John. Hayek, City Attorney
� I
Rosemiiy vitosh Finance Dept.,
i,
C.
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CITY OF I,OWA CITY
1972 -BUD(&
NOTES
1. A transfer of $30,631 has been made to the, Municipal Enterprise Fund
from thePecpetual' Care Escrow Fund to,assist in providing Cemetery
services. It has been determined that the,State code does not require
a Perpetual Care Fund for municipal cemetery operations, and At is
proposed that a portion of this fund be transferred each year.;, The
balance in this fund is now $79,294.
2. Contrary to previous years a salary reserve equal to 2kT: of approved
1971 salaries has been allocated in each fggd. Previously salary
reserves were budgeted in the Liquor'Profits'Fund'.
3. The balance in the Liquor Profits Fund is 'budgeted to be trandfeied
to the General Fund to offset tax collection in that fund.
4. In 1971 the Council will be asked to approve the transfer of $235,000
from the Street Construction Fund to,AAsessiaent Construction io provide
a revolving construction fund for 391A ptoject's. This transfer has 6aen
given consideration in developing the 1972 budget.
5. Because of the need for capital improvements and projected debp service
in the three revenue funds, amounts transfe'red.for administrative
purposes in 1972 are not as large as, in previous years. Amounts tran-
ferred represent actual administrative outlays', and no attempt, had been,
made to abate taxes:
6. In proposing the '$200,000 in Park Bonds the following items we're delet-
ed from approved expenditures in the Park & Recreation Fund for 1971'.
Purchase of Southwest Park $50,000
(Carry over project)
Park Road Project 35.000 a
Total $85,000
The beginning 1972 balance reflects the addition of this $85,QTbo.
Department of Finance
June, 1971
MOTION CONCERNING WILLIAM KIDWELL LEGAL EYPE,NSES
I move that the City of Iowa City assist Iowa CityPolice Officer
William Kidwell with legal expenses, if any, incurred by him in connection
with the pending investigation by federal authorities of the actions of the
Iowa City Police Department and other law enforcement agencies. Any
bills submitted to the City by Mr. Kidwell for payment will be subject,
to the review of the City Manager and other appropriate City officials
before payment. Hourly charges in excess of $40. 00 an hour will hot
be paid. The assistance provided in this motion is subject to being
withdrawn at anytime by motion of the City Council. The Citydlouncit
by adopting this motion shall not be considered as having expressed any
opinion as to the merits of the controversy which is the subject of the
investigation.
f
A
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ZUCHEL!-I, HUNTER & ASSOP'IATES, INC.
URWAN ECONOMICS DKv rLopMENT PM60RAMMIN 7 q FINANCIAL ANALY618
SUN LIFE BUILDING', CHARLES
CE 1W
BALTIMORE, MARYLAND 21
:539-59.0(
September 30, 1976:
Mr. Harold, Baxter
Lawrence Halprin and Associates
1620 Montgomery Street
San Francisco, California 94111
Dear Harold,
I enjoyed meeting you and our brief discussion earlier th"
week. Following our discussion, I have had an opportunityt,
P
review the contract between Zuchelli, Hunter & Associ&tes, 4�pd.
and Iowa City, Iowa, and related materials made available, from
Iowa City staff. Consistent with our contract and the Iowa. "Citi
urban renewal objectives as I perceive them, I have structured a,
role for Lawrence Halprin and Associates which I believe ma�i*iz.es
your firm's contribution to the study in light of your urbao,clesigr
and planning strengths. I would appke�iate'it if
you 'Would, review
the proposed scope of services which follows and then contakot �,me
by phone with your comments.
Because the budget limitations are rather severe,
we propose
to concentrate your time on those items within the work ptogam
which are directly relevant to your exper:ieftce and caA,mostllbenefitl
from your expertise. While we, would like to have you i.nvolved,i,n jj
every aspOdE-6f our analysis and di!§06sition strategy„ r.,bel*eve
your budgetary resources are best utilized on a few task items.
The city staff in Iowa City recognize your limited role
in the averr
all process and should not make undue demands on your time,
e
The scope of services, which is s,e,t forth immedia-�ely blow, I's
intended to respond . to the task elements in �our contract with" Iowa
City. For your information and futurerefetence, I am,enclo4ing
a copy of our contract %-Iit-h Iowa City,
ZUCHELLI, HUNTER• ASSOCIATES INC • _2_
I
Dir. Baxter September 30, 1976 1
SCOPE OF SERVICES �F
�i
i
The scope of services is divided into three phases consist-
ent with the contract between ZHA and the City of Iowa City, Iowa.;
References as to specific phases or tasks relate to tide ZHA c'
tract with Iowa City.
11 on -
PHASE I: DISPOSITION METHOD 1j
Phase I calls for ZHA to prepare work schedule, assess
the marketability of the ,current plant structure dispopsition '
tions, and recommend a site dispositionmethod. Iaithir;,Phaon,I, wei
would expect Lawrence Halprin and Associate's (LHA) to revieia,the
work schedule we formulate and to further review Iowa :City abjec
tives as they relate to downtown renewal efforts and as portxaXed
in documents such as the Urban Renewal! Plan, the
Old Capitol . B,usi- f
ness Center Company submission, and interviews with key -�
:per
city, �.
sonnel. Based on this review and a visit, to Iowa City., LHA.-perd
establish land use relationships between parcels and wand
prepared to set forth design and development standard
s,as required
in later phases.
PHASE II: DISPOSITION/REDEVELOPMENT PROGRAM {
In Phase II, ZIIA has responsibility for the•follow:ing 1
tasks: (5) Prepare Project Development Program, (6) Di,mensi6n I�
Reuse Plan, (7) Prepare Execution Schedule, (8) Undertake
analysis, pr(? forma
y , (9) Estimate public improvements costs, (10) jComplete
financing program. Within Phase II, we would expect LFA towork
with ZHA in developing a staging plan for public improyTementslcon- I
sistent with the private development execution plan. T„he,staging I
of public improvements would reflect the market findings.of:ZHA'§
work in Phase I,- the schedule of private. development as prepared
by ZHA in Task 7, and downtown aestnetic considerationst.
LHA would work with Iowa City staff in costing out.publ;i;c
improvements within the plan and would work with both, city staff
and ZETA in establishing a funding schedule for the city,.. Wik'hin
Phase II, we would expect LHA to attend,. a'workshop to d!imenss:on, and
coordinate public and private improvements over the length• oft bhe
proposed development period.
LHA would also set forth desired development controls includ- _
ing FAR controls, setback and height limitations, parkibg and, :open
space requirements and similar guidelines to ensure health aii
and
safety Provisions and a high quality of development. These
dards would be set sgan�
forth in a memorandum format to ZHA.
it
ZUCHELLI, HUNTER•,Ei. ASSOCIATES, INC.
Mr. Baxter
PHASE III: DEVELOPER SELECTION
September 30, 1;9176
Phase III points to the establishment of - develop
controls, solicitation of developers, and selection of the a
priate developer(s). Within this overall process, we would
pect LHA to work with city staff and ZHA to develop design.c
and controls to ensure the selected developers and the city
create a vibrant downtown environment consistent with the;ob
tives of the urban renewal program. The primary output of P.
III would be a memo to ZHA indicating proposed design contro
criteria ,:or evaluating potential developers,
It
&Iz
:eria �I
ild
e.
and,
LHA would also assist in the preparation of solicitation doc-
uments in a review and comment capacity.
LHA might be required to participate in solicitations and othe#I
il
wise review developer responses and assist in the sel.eq,tion process,,,
However, any participation in the solicitation and selection ,pro,-
cess would be invoiced on a per diem basis; over and above the cur-
rent contract and subject to approval of Iowa City.
BUDGET, MEETINGS AND REPORTS
The total budget for the above scope of services is $7,840-00 1
inclusive of all professional staff time, clerical;. time and: :expense.
In addition, out-of-pocket expenses such as air travel,, hotel
accommodations in Iowa City, Long-distance telephone calls, eaq.,
would be billed on an actual cost basis with the total hot to, exceed
$1,900.00. LHA will invoice ZHA for reimbursement dire ctly. in.
turn, ZHA will invoice Iowa City. LHA will be reimbursed for time, II
and expenses after ZHA is reimbursed by Iowa City., IIi
I�
Lawrence Halprin and Associates will pa;ticipate ih At ,least
une formal worxshup session antl will Fie available for a, additional
meeting with the City Council or city staff representatives
date to be determined later. Of course, LFIA would be expected :to �
meet informally with ZHA and city staff members during .the course,
of the study. 1i
I.
LHA would be responsible for at least four memoranda. Tbe:
first would set development standards for 'both public aiid priy+ate
investment in downtown Iowa City. The second memo wouli,,set de-
sign cLi Leria aiid iudivaLC preferred laid use relationships Gil; l
critical parcels within the urban renewal plan. The third Me,Ma
would assemble costs of the proposed public improvement;i util!?`rincF i4
the previotis experience of LILA and cstdmat.es by city sltoff. '1lhu
fourth memo would be a recommended schedule of publ.ic i(pprovements
closely keyed to the disposition strategy as determined by zli4..
i
-4-
xU CH ELLI .
September 30, 1976.
i•Ir. Baxter
the four would be consistent with
of
to f p s utually agreed upon by
mi
The specific tin4 rep
area a aas m
the work schedule
LILA and ZHA.
RELATIONSHIP TO CONTRACT WITH IOWA CITY
Of the Contract:
under Section (6�Urban Renewal
All terms and conditions City -University City, lo`"Ia,
the City of Iowa 19761. are
for Technical Servicesbyornd between (geptember 7,
project I (Iowa R-141 Associates,
and Zuchelri, Hunter
applicable to this contract. the above scope of
the basis of one.
proceed On ssg as' below and, returning If you wish to P sbb•ect to the
lease so indicate by fur ] any ques;-
services, pleas
This contract ilpaa. If you 'have
copy for of the City of Iowa notYhesitate.to call me.
approval ents, please do sincerely,
tions or commSinc.
APPROVED:
TITLE:
DATL:
ZUCIIELLI,
AUNT. & AAS/pSI►
$ Ott
D.
Associate
�� FWPJ- I.,
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