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1974-12-10 Regular Meeting
:�i BRANDT CZARNECKI DAVIDSEN dePROSSE WHITE 0 R 0 L L CALL Regular FETING OF 7:30 P.M. December 10, 1975 PRESENT ABSENT v e >.w The 10th'•:d4y I at the. -.0 Pie that_ KXI broh:dc ' ad, and , in, --n It the -m-inU' minutes` sub je,ct_-�! problem:' _street the �,-";.prob .next: /wee -(Ste . (railroad to`_ conte :declarir (1I HUTES,WF:MrA'52_4 REGULAR -'COU H Cif LlMEET [N&'.'' -1INV DECEMBER -A,0 I Iowa City City Council met'in Session on the of ;December,, 1974 at 7:30 PM in, the Council Chambers v cCenter 'ddProsse, White. none;-Mayor'"ECza-rrie"cki.,..'prdsng-...1-.,The :Mayor; noted � -_Ridro: ation �th'6.%t,meeting:,': ~<it\ k u113 oc ffr#¥M : Rv d b �� #/� ev e{¢ / Jla� }&§% Acting ?6i k ƒ{ %at #ke \c3inic1 que do a i field: Minutes " tT ijon .10!, 19 7.4 11 referred to him. Mi.nutes ,-Minutes- 15. ib ibex 10„ 1974 Y, r.epare=an amendment to asonable fee. to cover dvi. sed Council of staff. ; .port on the policy to be sion.. . Or'6quested by Council ort would be in mid - ures to be taken -to 1 SJ - Iowa`River meet the ideliries for ollution arv�enQineering report /JP ;for interviewing of d by. Brandt' and seconded er=;to.p-roceed with the or'thestudy. Motion k:Plastino, outlined rocesses. City- in • the March referred to him. Ptter After discussion, osse that' the City r.epare=an amendment to asonable fee. to cover ,ried, 4/1, Czarikecki public restrooms) in ; ;ori': problems: in was` made -that it should ari,.Ren(iwal':=Pro jec t. -recommended that ris Preucil) that the erty;adjacent to .,the sio`ri .of" :the use of ie City Manager was9. that the(legal services z ted the- _Cityt�A'the aary, and thassistant City- in • the March L;Code`ordinance)was. that 'it would adopt s Hynes; Chairman' of ered.several-minor. first 'draft.- It was ,to,.approve 'the editorial rii es and give all three N N - 6,4 W, 1 t 4 D readings--- of-ti-e Ordinance Amending MunicipalI Code of City by,_ -Ad Iowa Cio tin ,th6---,l9.75,_Editibh ;'o �-.the National .9 Io - dil- 1.111, 1 -,;title t ons:., an Amendments with X6ktAih`tAd d !Am dm nts Thereto: Electrical _td- :20-.,-�iiid�'�'Enactih'g3., New `Chapter in Lieu. Repe lih D 4V i6en, deProsse,. White 0 It e.�.,on y Wo Thereof, za i and -.all; t three a h readings the, Brandt-":an j-, ayq- e-,-.on y. rdinAncet, were �r was move e and 0 d by Whit con t �.tli&Zl idina'fice, and-,'t e ro6se'.�.�to r '& " se de y ado 0 Lpon roll call E�'&oZ Whiteq,_ Davidsen voted 'aye'. -�'7-.BiAridt ;�,Czarneckt,"An se 0 Motion ,carr e - t'-was;move .-,by,':deProsse that the D h te!;-'and..-seconded Y'�, , .4 t I- 7Z I ul6s bee--suspend and a-111 three cz�,U_Q Amen in the '--tkuni -1 -7 C Ddl--, Code�' br, ioll._.callt Brandt, Vhite L on e,-- title 1. '-aye': .' - M6 dti6n carried, -Czarriecki---.-DdvidE;,eri,-,�.dO-P-ro..ssei,.�vote _.,,�j,-, �t - three , rdd d in se 6 -th 'Ordinance tv re given -- -fi,e b title and oall".2. f Ay It wasmovedded-by.Davidsen-to WC only. 1 bYd6P.i 6 s s e -and seconded n the-Ordinance. Davidsen,- e Xpon'�-Yollzcal- 'Bran t-t C ado Ojdijiiaffice carried, d Czarnecki, 5/0. rr ed Motion _deP r Lt was moved by White';andiseconded,_by'BrAndt,that� the `the Ordinance ---,,rspehdeA' ;in f to rules be d1--the'"" rs V, o High Rise Provi lof `�th 'Zoning Code be given Am6nd-thek sions) K v -�tltle��fo b Arneck-i,,--,Mavidsen,. -deProsse '" ' r Motion carriedand first reading ite;-Brandt 7. :g v_e'r�' by_-," tit e dr�dra t Al. !-` ' - draft for the Ordinance Code b -Re eali Ch" X- -12'"6f _n a) Amending apter---:, e unicip I 3—Z— d-z',�2369,it,��:�,i�ht'6W,,�'iiiO-lu'ae'a��'amendment to Section Ord! n-anc6b-t. 121509''' con e Y�deProsse :L was move _.PYL�.,Davidsen t.-anditse ce 'to- Lsus -a 1 -3--.and -. j-,jthji-f`fVrst- readina of the Ordinan pen the_-.-_,rules, title resentied'-' bV only . _11'Da�iidsen, deProsse'j carried and -1-ayd— 'CzArneckL.5,'v 'd'I_ Motion White voted ``first 'by title only. given,n *,.rea ance, V, 0 a o '&:t6&c6fide t`,was�_t'moved ,-bY,B-rAy `�by T)avi s prk, t d t d S_ ,�Arcefitinii Stkedt'.'.?Improvem S�) in the Court Hill- Scott i 1- the-Resolution ,11) orie'� b, Scott'�:,Boulevardi�-�Additi�on-,--,�Patt"t d V4etro Pavers. Upon: Davidsen voted Czarnecki, r_o_I_1_-_ call -;UePIT7_ "osse; YI.White P_randt;,s.,Pz I'd aye Motion carried.' e&,�-b_ "deP secon ded,.by'.White t adopt_ I t :,,was ��2mov!a 7, y eptihityt the Re h so utf6zti'Acd wer-I ement,91in rs C actin Oa oods-.-Adal-t-fo—n,-;---.-'PELrt,�'iViII.� ddn6,,: :Knowling:Brothe on& -_roI.L'.,, -, _ite.*,�':` Davidsen cipProsset rneckiv: t', Co. U on�_ Brandt, sa Motion,,Zt voted' t 1, _Code , a g re by d2--C __w d e .L'_of _-Iowa�%Cijt. U p e 1110 adopt r.t =Hi v Pe and S- wer _Im rov 3 ' tar -'� rX___ done bff� f W., It w the =Resol: n ssocfatii Gtr x F` <tCouiicil'=Minutes ,;? December. 10, :'1974 srmoved by avids,en and seconded-by';deProsse.to Re'solutiont `' "..the`'Ac n Cit < Manager n "1 .Document Rel'atin -- td�'+the F 4 eral Assistance ms .Under'` -the: Drsaster- Relief Upon roll call .r. ite-! t_Braridt,` Czarnecki,;`Davidsen voted aye' :vied. s;moved Dygbaviasen ands conded.by deProsse. to Resolution Approvin the Final Plat of 0akwoods. Part 6B for-�.one week = Mo ion carried. asrmoved bq,Brandt and=seconded by Davidsen to adopt ution.'A ith- tin the Ma or- and < the 'Director y :eve o went •to' re a e >' xe ute r� and 'submit the proc a er.<zcert cates to: HUD Upon roll call O ,arnec av sen, deProsse, ite;voted''aye'. is moved by Brandt and cseconded by deProsse rto ; Resoliit on `Autiho ' tin 't'Ado 'tion of : Amended (Deferred .ow - an witt e nternt ona Ci.t -Mann ement m>=Retirement Co oration Upon:: -roll call Czarnecki e rosse, ite, ';:Bran t voted ' aye'-. Motion carried 1 is`moved by Davidsen and sec ded by White to, aaop_t ` it ao =Remov -` our °metered arkin ' s ace `imm- ecTiatel )ubu u °` Street -r a kin ...f acklityw,•entrance as faras thin. ono Bur n on .and Dubu uei,-Street._;. Upon roll call a roese, te,� rant, zarnec voted aye':`. :vied _ as ;moved, -by Br and seco" ed by Da idse to_ �adop �t ition A odn =En ` eerin" =A reement with Tri zeerin _Co ` an r=for hotoma in of Ralston' "C a ree lewaters e s Upon ,troll call-`deProsse,_. White,' c�S zarnecki, Davidse deProsse voted ',aye'. Motion as?moved byBrandt'and seconded,by Davidsen to approve Eication of`E1 ction ResultO6f ;the <Iowa City olice '-s"Associat'on NMot on carried.`Wh to abstaining. as,moved byFdeProsse an seconded by Da id o the -Mayor -"to Execute a Ground`Riiles:`Agreement between �f-Iowa='City:}and,ahe Iowan=`Cites. Police Patrolmen's z City_Manage= t was" let ;from t e u rc: . carried. .; .. I was ., ORi6v 1074` D6jjej�nl .777 LLS NV;a b v- 7D dvLsen -, &:.- seconded ,by,,,White to- ad opt tiRefund= for ina Upbn'.'ro -,ca Bran to -;Davi asen, `�,.AO-Pr66s e" White ��'voted',� - Ave Motion LSmovedd6d . b-y�.�AePro sp et adopt" v av --i' y-�,.--Ditvi Lri 'Ap-provip" Refund P* 314 Upon roll call" Czarnecki, voted t6d aye, Mot .deFrosse;-:,White,'t ion,carrie . L :movd'&'by;!�-� ePrb"-"s 'd' d S se.and seconded to approve,l. amount13 audit ISPM n iii:�fiei'i-,"i,. 727 .subject�to rkid )aD1Dear`6d'-`c 6rrimekitifik".6n- the: M or's announcement .rease. n.,leiititldrneiitindiii6-q--- rain' thek Housing an ,Act��-L'of;��-.1974:1-�,--froni-.--z$452��'.���000��to'*'060--000 a year fa =Councilankin `the t rts '�f6k� their J�ersis ten effo' it. Magor Czarriecki7 stated; he wished to publicly ;e=.the support --- enators.;Claiirk 'afidlllughes', and ---- --- ttive-., eivinsky-,,,and note k4,,thjit."th6 City Staff had � Amei"nj d' t ;.,-we ocumen ed.compilati6n* of data;. s ed' c&durd' for, ,'the -pub lic meetin .isirig'i'Commigsiolil..��,�-artresentations from. developers of 'i " )r '=.the -6elderly.'-jahO had,submitted-bidson the Cit UAI ch, would -be-, helm onurs day' :evening. It was thee' oft7 -h--dsCo- uid8 il---t11h.-a, -t 1- , thdyicould attend, ,-the -presen tations .scuStfie"?Houpi'gI as onrecommpnat on and �mmendation &t--.- --theA meeting on could be E thi'y'-'t"ch oo`s-e" IS.T. movedrSy,Whiteand�,--,seconded ;'-by -Davidsen to adjourn LV6�4e s �%n-!-vri,7da-v.�December 13th1'--at 7-:30 P.M. and iter dates ,-4iE0- may -be decided --:at. that' time.- to discuss tion l`of a •City Manager; _UpAony roll call Brandt,: kdsen'&Prosse aye' . Motion P vor aray 7N Ov �J I IOWA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF DECEMBER 10, 1974 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON DECEMBER 10, 1974 7:30 P.M. Item No. 1 - Meeting to order Roll Call Item No. 2 - Reading of minutes of regular Council Meeting of November 19, 1974. Item No. 3 - Public discussion. Item No. 4 - Receive minutes of Boards and Commissions. a. Housing Commission minutes of November 20, 1974 meeting. b. Planning and Zoning Commission minutes of November 26, 1974 meeting. Item No. 5 - Consider setting a public hearing for January 7, 1975, on a proposed ordinance amending fence and shrub height requirements of the Zoning Code. Z-7420. Item No. 6 - Consider setting a public hearing for January 7, 1975, on a proposed ordinance amending fence and shrub height requirements of Chapter 3.38 of the Municipal Code. 74-1556. Item No. 7 - Consider setting a public hearing to vacate the alley in Block 86 of the original Town of Iowa City. V-7407. Item No. 8 - Public hearing on the rezoning of certain parcels in the R-14 Urban Renewal area to a CBS Zone. Z-7314. Item No. 9 - Public hearing on the plans and specifications for the 1974 Sanitary Sewer Improvement Project. Item No. 10 - Public hearing on the Resolution of Necessity for the 1974 Sanitary Sewer Improvement Project. Item No. 11 - Business from the City Council. Item No. 12 - Report on items from the City Manager and the City Attorney. Item No. 13 - Consider adoption of ordinance amending the Municipal Code of Iowa City by adopting the latest edition of the National Electrical Code with certain additions and amendments thereto: repealing Chapter 9.20 and enacting a new chapter in lieu thereof. Item No. 14 - Consider adoption of ordinance to amend the Municipal Code of Iowa City by amending Section 9.20.1 and to adopt by reference the 1975 National Electrical Code. Item No. 15 - Consider ordinance to amend the high rise provisions of the Zoning Code. Z-7417. (First Reading) Public Agenda Page 2 December 10, 1974 Item No. 16 - Consider ordinance amending Chapter 7.12 of the Municipal Code of Iowa by repealing Ordinance Nos. 2150A and 2369. (First Reading) Item No. 17 - Consider resolution accepting street improvements in Court Hill -Scott Boulevard Addition, Part III. Item No. 18 - Consider resolution accepting sanitary sewer improvements in Oakwoods Addition, Part VII. Item No. 19 - Consider resolution authorizing the,Acting City Manager to sign documents relating to the Federal Assistance Applications under the Disaster Relief Act. Item No. 20 - Consider resolution approving the final plat of oakwoods Addition, Part 6B. 5-7412. Item No. 21 - Consider resolution authorizing use of Urban Renewal Proclaimer Certificates. Item No. 22 - Consider resolution authorizing adoption,of amended Deferred Compensa- tion plan with the International City Management Association Retirement Corporation. Item No. 23 - Consider resolution to remove certain metered parking on Dubuque Street. Item No. 24 - Consider approval of Engineering Agreement with Tri-State Aero Engineer- ing Company for photomapping. Item No. 25 - Consider motion approving the certification of election results of the Iowa City Police Patrolmen's Association. Item No. 26 - Consider motion authorizing the Mayor to execute a Ground Rules Agree- ment between the City of Iowa City and the Iowa City Police Patrolmen's Association. Item No. 27 - Consider approval of Urban Renewal Disclosure.of Interest Statements from new employees. Item No. 28 - Correspondence to the City Council. a. Letter from Bruce R. Glasgow, 601 S. Gilbert St., regarding the Davis Building and Gilbert Street Paving Program. b. Letter from Vivian Buchan, Library Board, regarding a tour of the Public Library. c. Letter from Ray Wombacher, Iowa City Association of Professional Fire Fighters Local 610, regarding the annual Fire Fighters' Benefit Ball. Item No. 29 - Issuance of permits. a. Consider resolution approving application for Class C Beer Permit for Randall's'Foods, 1851 Lower Muscatine Avenue. ■ Item No. 29 - Issuance of permits. (cont'd) b. Consider resolution approving refund for Class C Beer Permit for Suds and Snacks, 314 E. Burlington. C. Consider resolution approving refund for Cigarette Permit for Suds and Snacks, 314 E. Burlington. Item No. 30 - Approval of bills. Item No. 31 - Public discussion. Item No. 32 - Adjournment. E AGENDA REGULAR COUNCIL MEETING DECEMBER 10, 1974 7:30 P.M Item No. 1 - MEETING TO ORDER - NI.su r✓[ �1 (�'i J7 ROLL CALL A r t, r ,.1♦ r-t_lz. Item No. 2 - READING OF MINUTES OF REGULAR COUNCIL MEETING OF NOVEMBER 19, 1974. PUBLIC HEARING FOR JANUARY 7, 1975, ON A PROPOSED Ae,l Qea- Item No. 3 - PUBLIC DISCUSSION. Item No. 4 - RECEIVE MINUTES OF BOARDS AND COMMISSIONS. �4 a. Housing Commission minutes of November 20, 1974, meeting. Action: Item No. 5 b. Planning and Zoning Commission minutes of November 26, 1974, m2eet n� g �+ Y1 A J Z S - 0 o e, Z Comment: The Planning and Zoning Commission on November 26, 1974, recommended by a 5-0 vote approval of a proposed ordinance to amend the require- ments for the height of fences and shrubs at street intersections. V The Commission noted that a related ordinance concerning trees and Dv shrubs, Section 3.38.8A of the Municipal Code, should be revised to -ti incorporate similar provisions. Action f4.`. —1, r Item No. 6 - CONSIDER SETTING A PUBLIC HEARING FOR JANUARY 7, 1975, ON A PROPOSED ORDINANCE AMENDING FENCE. AND SHRUB HEIGHT REQUIREMENTS OF CHAPTER 3.38 OF THE MUNICIPAL CODE. 74-1556. Comment: Chapter 3.38 of the Municipal Code is amended to incorporate similar provisions recommended.by the Planning and Zoning Commission for fence and shrub height requirements. 1 ' - NI.su r✓[ �1 (�'i J7 "-'? L -' lA%+ia t, r ,.1♦ r-t_lz. - CONSIDER SETTING A PUBLIC HEARING FOR JANUARY 7, 1975, ON A PROPOSED (f/:5',. ORDINANCE AMENDING FENCE AND SHRUB HEIGHT REQUIREMENTS OF THE ZONING CODE. Z-7420. �4 Comment: The Planning and Zoning Commission on November 26, 1974, recommended by a 5-0 vote approval of a proposed ordinance to amend the require- ments for the height of fences and shrubs at street intersections. V The Commission noted that a related ordinance concerning trees and Dv shrubs, Section 3.38.8A of the Municipal Code, should be revised to -ti incorporate similar provisions. Action f4.`. —1, r Item No. 6 - CONSIDER SETTING A PUBLIC HEARING FOR JANUARY 7, 1975, ON A PROPOSED ORDINANCE AMENDING FENCE. AND SHRUB HEIGHT REQUIREMENTS OF CHAPTER 3.38 OF THE MUNICIPAL CODE. 74-1556. Comment: Chapter 3.38 of the Municipal Code is amended to incorporate similar provisions recommended.by the Planning and Zoning Commission for fence and shrub height requirements. h$10J. A Ic I Item No. 7 CONSIDER SETTING AOFUBLIC HEARING V7o VACATE SHE ALLEY IN BLOCK 86 OF THE NAL OWA CITY Comment: The Planning and Zoning Commission on November 26, 1974, recommended by a 4-0 vote and one abstension vacation of the alley in the block bounded by Clinton, Market, Capitol and Bloomington Streets subject y to either the establishment of a utility easement within said alley or provisions for relocating existing utilities within said alley. ity of Iowa for future developmental The request was made by the Univers purposes. Action: W 1p /J - 05 , •_ I. )63 7s Item No. 8 - PUBLIC HEARING ON THE REZONING OF CERTAIN PARCELS IN THE R-14 URBAN RENEWAL AREA�tO A CBS ZONE. Z-7314. Fro..ca , 1�34 0-3 .4 M i zr%� Comment: The Planning and Zoning Commission on October 11, 1973, recommended by a 5-0 vote that certain parcels identified in the R-14 Urban Renewal plan be rezoned to a CBS Zone. A CBS Zone will enable development of a high-rise building as provided in the proposed ordinance amending the Zoning Code above. Action: P• I� 2�^ . e ti,s a _ C�l'o-�. r � � ) ' • '.hyo-'-s�.ee�.�-'2 .ice... I-l-f'o�41/� J3 °" .t..�. j '� f� " �''''�,,1 'b Item No. i' - PUBLIC HEARING ON THE PLANS AND SPECIFICATIONS FOR THE 1974 SANITARY SEWER IMPROVEMENT PROJECT. A. CONSIDE RESOLUTION APPROVING PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE 1974 SANITARY SEWER IMPROVEMENT PROJECT. Comment: Due to problems in obtaining the easement for the sanitary sewer to be constructed under this project, it is recommended that these plans and specifications not be approved. This project was previously considered during the regular Council meeting on November 19, 1974, as Item No. 16. It is anticipated that this project will be re -bid during the month of February of 1975. Action: q -4-ze PUBLIC HEARING ON THE RESOLUTION OF NECESSITY FOR THE 1974 SANITARY Item No. - `'j� SEWER IMPROVEMENT PROJECT. W A/' L CONSIDER RESOjLUTION OF NECESSITY. Fe c)A. Due to in obtaining the easement for the sanitary sewer to be ® Comment: problems under this project, it is rec mmended that this Resolutioxi constructed of Necessity not be approved. This project was previously considered 1 - C t ci ti•w. a F t r. �-� .- � '{ :..tom, _.: T ✓�_ t. e-.-, � r_ "�' ` i� �J✓� 'nn'{{r � J A k,ell nzj�... • • Item No. 10 - (Continued) during the regular Council meeting on November 19, 1974, as Item No. 16. It is anticipated that this project will be re -bid during the month of February of 1975. Action: GA t.cr- � (1 . `r GCo R Q . f2 -, i-� �.._r. Da- Item lG Item No. 11 - A, FROM /'THE CITY IA�v,F,en (- rte .t P,n N Stet . , we et, b -,t c .{ J r - .c --r. ! Lr 1- lr C. f'S Ill.-. �� n O/f/ c N /i1N,--' et r,, C. S it t -t r7i �n e w f ✓4� xti V �l�w k_c In., t �Pri ^CAP�t'� I /� a 15',Ilafr ® ` C D (� G r '/l� D \`E•- 1�,? C� t' ^ (, !M ' Q��( C1D-t-. C 1 It/l �r S -.a L.t C� A n � _! r y V" f,'O C- � / Item No. 12 - REPORT ON ITEMS FROM THE CITY MANAGER AND THE CITY ATTORNEY. C.`n_C11. 0 " .:.''.> VF.'{ f v V ry 0 ------------------- - ---------- T........... 40l.!_"+. JL—L e4 4V. . r .�--!g,-- FA- (7 s, // J //////�� ,✓ (//J q r '47 ORO -T �7 I L-il I ---A Pi...G-1--�e� AAI---- rLo- - - -21_ 1 i fir/ 2 a_ r7� t� c — - - �- — -- a. ��, r,,. A_•t _ C -r W= Item No. 13 -1117 Comment: Action: CONSIDER ADOPTION OF ORDI ANU AMENDING THE MUNICIPAL CODE OF IOWA CITY BY ADOPTING THE 1ATEST F -SHE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 AND ENACTING A NEW CHAPTER IN LIEU THEREOF. The purpose of this Ordinance is to adopt the latest publication and subsequent publications, published by the National Fire Protection Asso- ciation, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto. In accordance with the recommendation of the two Electrical Boards, this Ordinance consoli- dates the two boards into one, four member, Electrical Board. Third reading was held at the November 26, 1974, Council meeting. The City Manager will be prepared to comment on the ordinance. n D 0-A - wt ..r_ ®U Item No. 14 -CONSIDER ADOPTION.OF ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY BY AMENDING SECTION 9.20.1 'n TO AMPT AV ATAT`FDFN F muc _��T_�NAL %411f Comment: Both'of the Electrical Boards have recommended that this Ordinance be adopted with the deletion of "three -wire single-phase residential services". Third reading was held at the November 26, 1974, Council meeting. The City Manager will be prepared to comment on the ordinance. Action: Item NO. 15 - CONSIDER ORDINANCE TO AMEND THE HIGH RISE PROVISIONS OF THE ZONING CODE. Z-7417. (First Reading) Comment: The Planning and Zoning Commission on October 24, 1974, recommended by a 6-0 vote the adoption of an ordinance to amend Section 8.10.19 of the Zoning Code. Changes proposed include: 1. To allow high-rise development in the High Density District within the CBS Zone; 2. To exclude the high-rise High Density District from the R3A ® Zone, 3. To provide for one and one-half (hi) parking spaces for each dwelling unit for high-rise development in the Medium Density District,and old _t a, (^.= e i� � _��t..✓•„-�~-e- `� -a-- --- - '_t--1Z�/'`•'"ar--�" t�'..C.,-1 f L.GSC..__,:_e?irt_.'"�._-Y--d--�`-'�._ ____ . ! -I I.:�j� L n �-�_'�..c t[1:_ .---- FI ^ / 1 I 0,_. l T�. Agenda December 10, page 5 Item No. 15 - (Continued) Action: 4. To increase the yard requirements for high-rise development in the Medium Density District: for every foot in building height above 45 feet, the yards to be increased by 2.2 feet. Public Hearing was held at the November 26, 1974, meeting. Item No. 16 - CONSIDER ORDINANCE AMENDING CHAPTER 7.12 OF THE MUNICIPAL CODE OF IOWA BY REPEALING ORDINANCE NOS. 2150A AND 2369. (FIRST READING) Comment: This amendment to the Municipal Code specifically abolishes the prohi- bition of being intoxicated, simulating intoxication or consuming any intoxicating liquor upon a public ground or in a public place or being found in a state of intoxication other than in a public place within the corporate limits of Iowa City. � �?_.t � �<<, ! uc.- �e2 Action: 7�d fi�� c ,. Item No. 17 - CONSIDER RESOLUTION ACCEPTING STREET IMPROVEMENTS IN COURT HILL -SCOTT BOULEVARD ADDITION, PART 1-1-1 1= ,�3 2 Comment: This resolution accepts the work done by Metro Pavers, Inc. of Iowa City, Iowa, for the paving of Ravencrest, Raven and Ravencourt Streets. These streets have been constructed in substantial accordance with the City's specifications. Action: U Item No. 18 - CONSIDER RESOLUTION ACCEPTING SANITARY SEWER IMPROVEMENTS IN OAKWOODS ADDITION, PART VII. `�- Comment: This resolution accepts the work done by Knowling Brothers Contracting Company Iowa City, Iowa, on the sanitary sewer in Oakwoods Addition, .of Part VII. These sewers have been constructed in substantial accordance with the Citv's specifications. Action: Item No .219 Comment: Q JAA - CONSIDER RESOLUTION AUTHORIZING THE ACTING CITY MANAGER TO SIGN/ CUMENTS RELATING TO THE FEDERAL ASSISTANCE APPLICATIONS UNDER THE DISASTER RELIEF ACT. This resolution would authorize the Acting City Manager to execute the final application for obtaining federal financial assistance under the • Item No. 19 - (Continued) Action: Disaster Relief Act (Public Law 606, 91st Congress). F41 Item No. 20 - CONSIDER RESOLUTION APPROVING THE FINAL PLAT OF OAKWOODS ADDITION, PART 6B. S-7412. Comment: The Planning and Zoning Commission on November 26, 1974, recommended by a 5-0 vote approval of the Final Plat of Oakwoods Addition, Part 6B, a replat of a portion of Oakwoods Addition, Part 6 located in the vicinity of Amhurst Street and Marquette Circle (renamed to Hastings Avenue). Approval of the subject plat would allow a connection between Amhurst Street and the future extension of Westminster Street northerly. Action: Item No. 21 53S Comment: Action: CONSIDER RESOLUTION AUTHORIZINGUSE 01-URBAN-RENEWAL_PROCLAIMFR CERTYF-ICATES. This resolution authorizes the Mayor and Aon Director of Community Development to prepare execute Dd submit--t-he—necessaryy_procla_____ime_r_— certificates to`HUD ,on behalf of the City of Iowa City in accordance with the 7egulations, policies and requirements set forth. f Item No. 22 - CONSIDER RESOLUTION AUTHORIZING ADOPTION OF AMENDED DEFERRED COMPENSA- TION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIRE- -`+S3 MENT CORPORATION. Comment: The ICMA Retirement Corporation has requested that the City amend the Deferred Compensation Plan currently in effect with that organization by substitution of a new Deferred Compensation Plan in place of the Trust Agreement currently in effect. The purpose of this request is to provide certain amendments to the plan which will ease the administration of the program and clarify certain procedures. The major changes in this new plan can be summarized as follows: (1) Simplification of technical language; (2) consolidation of most of the provisions of the previously used Deferred Compensation Agreement into a single master plan document. Employee participation in the future will be accomplished by use of a Joinder Agreement to the plan; (3) the incorporation of an option by the employee to request investment in variable or fixed income funds. 40 This option was previously not available; (4) some modification of the Corporations investment powers and duties to accommodate the above. Action: Agenda December 10, page 7 0 Item No. 23 -- X37 Comment: Action: Item No. 24 Comment: Action: - CONSIDER RESOLUTION TO REMOVE C METERED PA-RKING-ON-DUBUQUE- STABBT-- With the opening of an additional entrance to the attendant controlled parking facility on College Street a certain amount of traffic conges- tion has resulted. This traffic congestion is occurring immediately south of the Dubuque Street entrance and it }is����r�e�uested �ha,t.ithe four metered parking spacesilnmediatel LI �}trakr �`` ~ south -."Q a rale .� as_far _as the intersection of Burlington-and-Dubuctue-Street be removed. �e S. - CONSIDER APPROVAL OF ENGINEERING AGREEMENT WITH TRI-STATE AERO ENGIN- EERING COMPANY FOR PHOTOMAPPING. This resolution would approve an agreement for technical services with the Tri-State Aero Engineering Company for the aerial topographic mapping of the Ralston Creek and Willow Creek watersheds. This work is being done in conjunction with -the Corps of Engineers and Soil Conservation Service studies for Ralston Creek as well as the prelim- inary flood plain studies on Willow Creek.t- Item No. 25 - CONSIDER MOTION APPROVING THE CERTIFICATION OF ELECTION RESULTS OF THE IOWA CITY POLICE PATROLMEN'S ASSOCIATION. Comment: Action: See attached election.results. Item No. 26 - CONSIDER MOTION AUTHORIZING THE MAYOR TO EXECUTE A GROUND RULES AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY POLICE PATROLMEN'S ASSO- CIATION. Comment: A copy of the Ground Rules Agreement is attached. Action: 'r—' ��p. C, � �t ',...-Y.[..c ..fy)--e. . ,.. ' '.. ( :v. .tom r ;f . P._ • n t' ) - U V Item No. 27 - CONSIDER APPROVAL OF URBAN RENEWAL DISCLOSURE OF INTEREST STATEMENTS FROM NEW ,EMPLOYEES,. Action: • V +N.a.+". - ' " ,.G{w2-i'l ✓t��M..Q.� k�v--�Ld.4r-..Jff v�.� � ✓K Item No. 28 - CORRESPONDENCE TO THE CITY COUNCIL.cF_ a. Letter from Bruce R. Glasgow, 601 S. Gilbert St., regarding the Davis BuildingandGilbert Street Paving Program. Action: ��s{_ I /� ! l� mac. ✓ _ , i .... A- b. Letter from Vivian Buchan, Library Board, regarding a tour of the Public Library. Action: JI C. Letter from Ray Wombacher, Iowa City Association of Professional Fire Fighters Local 610, regarding the annual Fire Fighters' Benefit Ball .�J r Action: G' • 0L.1—t , P" C Item No. 29 - ISSUANCE OF PERMITS. —%'-�' „ rO.rYl 1 _ a. Consider resolution approving application for Class C Beer Permit for Randall's Foods, 1851 Lower Muscatine Ave. Action: ® b. Consider resolution approving refund for Class C Beer Permit for 5 Suds and Snacks, 314 E. Burlington. Action: -- E c. Consider resolution approving refund for Cigarette Permit for Suds and Snacks,314 E. Burlington.-. Action: C{ _ v Item No. 30 - APPROVAL OF BILLS. Bills in the amount of $421,727.13 are submitted for approval. Action: Item No. 31 - PUBLIC DISCUSSION. Item No. 32 - s I �.I.,�C Ii. C I r ZTP-�. -I eL, J- I I r Tlie _Io the 19th da Chambers' at Membei White ADE noted that -,be: broadca4 and in ;no �I��UTtS °OF A��REGULAR} COUI�CLLj i�Er� �`�� , h 5' I�OVEMBEZ X19; ti1974 = y r �{ r wa'. City City,,; Council m'et an regular session on No:vemb`er, 1.974 at 7:30.P:M.::, in the Council -the Civic �Cen,, s present:r;Brandt, Czarnecki, Davidsen,.deProsse, ent =none.': Mayor Czarnecki presiding Torthe Monsor to KXIC Radio Stai on recorded the `meeting, p ,t ,,later are,: at the disc`ret_ion 'it of the radio _station ray'coritrolled by the City ;or the.Council. r_ movedby deProsseYand seconded by.Davidsen that the id thus;; far constitute': a fulh.reading of the minutes ter=X5,'1:974 ,and that Council: approve them subject to , Motion carried`: ayor proclaimed,'the week of.,November'24th through 1974 as Na conal Bible Week-. t'Vevera, Presd- of. the<'Iowa City„Policemen's Assoc - cal 16 that appeared and read_theirletter concerning pay t_was ;moved=°by'Davidsen aridaseconded by deProsselhite i;cation be ..'received and filed. was moved by le;d'by dePor_sse,that the City .Manager be authorized and o nde u.rtake..formal'recognrtion:procedures consistent utilzed'on theprevious two occasions, and the reT also be-:authorz.zedand directed to en ter in- 7otiatons withf.the Iowa+Clay Policemen's Association pending completion of formal. recognition procedures. rri,ed-. - ' J eared,' concerning rt Rowe;, 6Q8 ,South Madison,:. app ;f,romNagle Lumber Company'ready-mix trucks at Harrison . ori Streets'. It was moved by -White and seconded by that itle mit'atter' be referred .;to the City Manager for Motion carried as- moved byt,Brandt and seconded''by' Davidsen that the f'=the meetings of Parks +arid ;Recreation Commission, and Airport: Commission of be received and lotion-carried. The Mayor�,noted'that concerning Parks ;axion-,Commi_ssion:..recommendation N1, -;.'That` Council ;the inmediatepurchase ofr_a proposed six to seven acre ided` by Mt<.RVernon Drive aril including frontage along xntain ;Drive;' , theCouncil 'had directed the Staff to ?praisal of the six ac"re2, !That Cofnthe`Parkil be handed iderations and accepting the majority o { onCommssion!sZr'equests for scal Year 1975 Budget, althoughxtrce planting and, City. Park improvements ng� pooi` liglits were deferred, the Commission hoped that Y YJ - R ` � =-1.-d , x._ . ;} ,, z ,.. �� $.. .. •.>t ,:r,4 sX,a ” ...c. c <, i. .. . < nazi-. kou i s n ƒ\at= h \ \ian }D v /s \ft \fot d n ƒ � e 16 to fu es \, e .e. d \ o %\e C § ( a\ao,.j � d /alb � e\off k\d ƒoff \am ƒ s kndt / of b n /fe / A f \{ks- � /� �/f ; 1 -t ', 5 :rte Page 3 sponsored by t and I- r May . wh( mission'memher; willbe_ _at -the: questionsra-s on -the- :26th, _pi Relations _,Boar) The mayor- -Commissions =co: appointments:w master_plumber on the ,Boardo Commission, <_tl and One=vacanc Counc1Ima Planning commi to discuss` com City shouldbe flagpole. The and 'a Bicenten should be erec Councilwc in meetings.,., Technical .:meet designee,;,., e a '_staff'; persor also Th'e ques i status -'of': then Kraft Teportec the maj or, worl pointed'..out;I forthestudy' funding would' Mr. Krif, had fi1ed,a p rates by Iowa' City Att Short sand . BeT suit, he note extent'`of .ins the Short F,_ B appearance ,iii an appli'catio d and. seconed; S. Page 4 It :was•, me rules be 'suspi, Rezone a Trac given by. title Czarnecki, Da, reading :given It- ;was m rules be susp the Old< Olks :; only. Upon r Czarnecki.vot and secondedl: Hayek advised advised`- that: zone they-,-tho' anything duri discussed.thc for, the".appli appeared. and` permits for ;t to be dispos,c ® of the Ordrnz 'no.', and,Br� It was r the Ordinanc4 ing the Late Certain Add 9.20 and .Ena to Amend the - Adopt :by Ref carried'. Brandt, __Cza , Council Minutes November'`19, :1,974 ped by deProsse and by Davidsen that the -seconded ideaand _;the s'etond reading of the. Ordinance to of Land Owne'd;by Alvin Streb to `an Ml Zone be only. Upon roll 11 deProsse !-White, Brandt, ids.en voted '=aye'.;° Motion. carried and second �y ,otitle only:: ved_by deProsse and seconded:.by Davidsen that the the nded and`-theahirdreading',of _-Ordinance to rezone ountry Club from R1A to;R3.Zone be given by title 11 _call Davidsen, ;deProsse, White Brandt. and d '_aye'.; Mo tion :carried Tt was moved by deProsse y Brandt:that-,the Ordiance be adopted. Attorney that in his written report',of November 8th, he had he Gounc-11 was fre'e to;zone,the property to whatever ght;_was`most :appropriate,,, and had not discovered g.� further investigation, to .chang`e", his -view. He bukldi.ng'permit issued. -Attorney Dan.,Boyle appeared ant_: hy,_le FsherJohnson County Health Director dv`sed the Council that,he could -not. issue sewer to 18:units,for septic tanks,; that sewage would have l of municipally The vote,was taken on adoption ice;; Czarnecki, %deProsse and White voting idttvoting 'aye' Motion did not carry 1/4. wed; by White -ind seconded ,by'.Davidsen_,to .defer Am_endirig theMunic;ipal Code :of Iowa City by Adopt - t Edition of ;the. National_ Electrical Code with ets Thereto.::` Repealing Chapter ions dnd�Amendmn ting a New Chapter'in L'eu.,Thereof and the Ordinance Municipal Co'd'e by _Amending. Section 9. 20. L and to rence the 1975 Natio halt^11ectrical Code. Motion owed by;Brandt and: seconded by, deProsse to adopt n ` ihorizing the.,Mayor„!s,S_ignature on Agreement J -,Hayek and.MarJorxe B Hayek and the City of viding for Cray_use;of,I.Hayek property by the City rkng for.* --City s,ponsored.Brown.Street playground ro 1..64.11 .Czarnecki,.,.David.sen, deProsse, White, ' aye' Motion carried <- ,initiate owing resolutions the 1974,Sanitary Sewer Toct It was moved by. Brandt and seconded by adopt the`Resolutio.n Setting Public Hearing: on the :11.Necessity for December;: 10, 1974: at 7:30P.M. 1 :chambers. .Upon,;roll :'cal l,_Davidsen,-deProsse, White, iecki voted 'aye' "Motion carried'. It was moved by - z Page 5 Davidsen and :; 'A. -, ... ...... Z, Page� Co.unciT-�Minutes ovem.b er 9 1974 they have -relocated their driv eway,.on, oAradf ord. He noted that. insta 't1 b fi of the. s r_*Mus,catine and First Ave. be would Create -traf. ic, gaps;,,,_--bu't signal uipment,,would not d -f months & by Brandt and seconded receive e by ij��:.thatA'h ty - Mdnage� s truct-ed to investigate e'.,,,'.In,, r; _Czar'ne-c ,he for a11ocat-ion-of% funds -for a. crosswalk guard 'b ,- ,C7i at Firs venue.ard -Bradfordan ; Up r"vback to: Council. It was m ove-d e an seconded c 6,nded`by_-eProsse..to amend the motion to direct e 'yc i_tyM n_ag_erEo,-Tr.for. -tle hiring of an adult _ovxC - Avenue and Bradford immediately crosswalk.guarUfor dutyat F rst ' ..th and report- 'and mak-e1�.. r.'ec-ommendarecommendation-to,'th e Council on the fund transfer. M-ot,ion;,cJa rried zaJrn4ecki�_',� -and D.avidsen voting 'no'. " was 4/1, The vote-ona option-df,thefirst,mo lon,Las amended, -,v voting Davidsen 1)� 9 I-P 0 I t wa:s m6yed'-�byABf6h tVand-'seconded by deProsse that the -letter '.from ;Aft6 kney- Marion ng a sign on Victor Metaj,;.proper.t zte..x6ceived ands'-filed. Motion carried. i sen- an de y:deProsse that the. Itwas".moved by _bAV - d se - c on d b -letter---fr'om -.-J oan';., and .'4ia,ar1'.o;A'd` fti� IrC- 131 Mt..Vernon Drive, Wi, iam s o regarding a`nei'gnb'6'i,h-6o'd-:p.ark_. :-,..nor.t e. ast Iowa City be re- i'-n. teived-and"filed:_ Motion Ft-was moved and -.--:seconded by,•Pavidsen that the .,,b�y'lt'iaii'dt,'..-- - 'Riverside `re-`. letter =,from William E:v Fischer, ;2650 S'Riversi _,,�rezoning" , ana��anxiexation o Russell garding�th e,proposed,f Gordon property. 13 e _'.re ce ived and filed and made.part.of the Public Hearing. Motion,.carrie di was moved -,by�, Brandt ;in& ;seconded by, eProsse that the. .it r . 11fl. Johnson -�,tounty-.. Regional Planning l6tte Rb. 6,rt, . .....law enforcement e join C reso .14,t:kql h t ommission�fi:r..eg r ing; - center_architecturdL.," e received"and filed and referred s'tu j d -,p t I the C.-6,_ f t. Motion carried. nag , er--and, Attorney o--r,reor Itwasmoved by Brandt and -secofid6&-by deProsse that the -National League -letter:fio m., -All'eh'�'Pr'itchar of. Cities, brenc.e of Mayors, regarding an intern .afi:d"-�U f la _:and filed. Motion carried. programprogramb' 6_'r rel'ati:on5�-.,,.L)e,�,,�r�e'ceived ded. e that the ivt-:46s�.'move by_Brandt:,�and,,'-secon 'by.:dePross letter;: from' LloydR Smitl; Midi for ofStat .�:e,,z regarding the D cember, Johnsonlk e 1973 be received �1 d i t-- ----"f o r. -Y.'ed r end in g :- and filed-., -:MoAibm cajr.xied'�..-, ' ",-Jconded by: Brandt that the -.-:-,, I-t.,,was,-'.-�mov'eii.-,.-by Di!Vids'en,and se 'and filed. Motion Action World Hlunger,,-,:� c Coalition be received carried . { 1 Page 7 was::moved ';Uy- l the lu Resotion Approvi Application.,. -for BMF_, Upon roll --'call Davidse voted ' aye' ".. Mofiion ;c It wasymoved:by D the Resolution Approvi Applca ion _;for .Ken '0': Court. 'Upon -roll call voted ''aye',<:Brandt- It_was moved=by,;d adjourn•ihe_meeting-;at } A -v 4"fl'te I -0 EDCOU HC I • EMBER 13G 19 Af ter.:'.1-11-f visors at4: 0 0 _4-9'00: Re adjourned seas 15 P.M- .ssionwith thd 'Board -of, Su er- p Counc:Llme me in -16wa-cityCIty :Councll t sent 7,13thz.-Aay of November,. .l9.74 at Hay ek, Stolfu.Q ice: Room the iCivic, Center. meetinga. d? -be meeting ;,fo, r--- i; BrandtdeProsse Czarneckir date:for the 4 i. f _-fin6hbers present: Kraft, lenka. The or n.otedthat the Attorney ' .ay �d-:from November 12th Mr. Sheri dac ii -Iii -oh"': of the extension 'of the bid hadtt61A sect. - day. period',Va. advised Ghat -he had visited with. e---! HUD :of flce;�,.:yno-.verlf led' that :he these -con . ai.ti( 6e---�'-De - s Mo , i:jje:s'7,,,office that a'28- , ..2) ,s6nd'l-e-t,te: for' =:'notice ofy;bids but an extension 3) provlde`,-__an* without _the 28 day':: requirement under L�Mayor-,Xz, bl2:sh>`_notice '-o-f ;the, extension -d'bid -�- Nov6mber_�_ 20th hose --who have' receive kits, and seconde&byl,'_d OPXRion. ber, 2 1974 `:` White vbt6dj,,.,� - gesteild,.teixten.4 ing:,he -,bid date, from M6tioncarrie . It wa's moved ;by' White and Acting- �C tt�, th . eb be -extdnded. to Decem- i '3.d time rigid I ia]6 call e rosse; and -- So review.A3y_,.. It yoted'r_- h61�j.*,,Davidsen, absent. plete d Sale i Dehnis-Kra t: pointedout that a TheMayc LV62-.'t6-.'-be adhered to H6nryl from ,P] L� . H - 6 us . ifig Commission. - - -could be com- -the,. 304.daype the of-,-.-!Bl6ck'-,,A3,_-'wAs discussed. He dlBOrepoi tol.recalbulal uncilbf-'the .,.:iresignation of Lyell muni y.Develc ,Zonifig','C6 d, noted that �mmissi o n -j an zbeen. deve op( I'vertis in' -g-,,* the%', ancy would. start. iecietary...-,anc statistician who was to Washirli4. 01 sallocation fr6n,Housing the Com that the �Citl advised him that a., policy position had �co uit:iorthl review will by':. the Under - tat -y-. Heques.tioned.. I -,the trip It was:i reconsidered:, was suggested e ' adjourn.;Mo, Asz_ WK - A -v -0 EDCOU HC I U"MEET EMBER 13G 19 _4-9'00: Re .ssionwith thd 'Board -of, Su er- p me in -16wa-cityCIty :Councll t 7,13thz.-Aay of November,. .l9.74 at ice: Room the iCivic, Center. BrandtdeProsse Czarneckir i. f _-fin6hbers present: Kraft, lenka. The or n.otedthat the ' .ay �d-:from November 12th ii -Iii -oh"': of the extension 'of the bid sect. advised Ghat -he had visited with. e---! HUD :of flce;�,.:yno-.verlf led' that :he 6e---�'-De - s Mo , i:jje:s'7,,,office that a'28- , for' =:'notice ofy;bids but an extension without _the 28 day':: requirement under bl2:sh>`_notice '-o-f ;the, extension -d'bid hose --who have' receive kits, and OPXRion. - gesteild,.teixten.4 ing:,he -,bid date, from . It wa's moved ;by' White and tt�, th . eb be -extdnded. to Decem- call e rosse; and It yoted'r_- h61�j.*,,Davidsen, absent. i Dehnis-Kra t: pointedout that a LV62-.'t6-.'-be adhered to L� . H - 6 us . ifig Commission. - - -could be com- of-,-.-!Bl6ck'-,,A3,_-'wAs discussed. uncilbf-'the .,.:iresignation of Lyell ,Zonifig','C6 d, noted that �mmissi o n -j an I'vertis in' -g-,,* the%', ancy would. start. statistician who was sallocation fr6n,Housing the Com advised him that a., policy position had review will by':. the Under - tat -y-. Heques.tioned.. I -,the trip reconsidered:, was suggested e ' giv-e"so,m,e-Etlioii4ht to, - the District ,U.S. Distrlc`f.of Iowa for lawsuit: '-" o ' dzarnecki to Pross'e'-. la n-d,,:'sec' seconded by- �A. 3 IS 0 The Honorable Robert Rai/ Governor of Iotira Statehouse Des Moines , Iowa 50319 Dear Governor Flay: As you are aware, conditions on the Rock Island Lines tracks have so far arever_ted the re-establishment of railroad passenger service to Iowa City and Des Moines. Last year, then -chairman OIL the Rock Island, Theodore Desch, told the Ener p7y Crisis Study Committee of the Iowa Legislature that about $6.,3 million for track repair would be necessary before 70-m.p.h. passenger train service could be operated between Davenport and Council Bluffs. While his estimate may very well have been exa7gerated, it is apparent that track repairs on the line will be necessary if pas- sen�er (and f reig'nt) trains are to operate safely at reasonably high speeds. The Rock Island, as you know, has requested a $100 million loan guarantee under the Regional Rail Reorganization Act of 1973. Because the Union Pacific -Rock Island merger will p_^obably be delayed for at least two ,years, or rejected altogether, this loan seems the best hope for assuring the improvement of the :lock Island tracks across Iowa. The Secretary of Transportation, in passing upon loan requests such as the Pock Island's, may attach whatever terms or conditions he sees fit. We believe the Rock Island should be required, as a condition of any loan, to upgrade its line between Chicago and. Council Bluffs to Federal Railroad Administration Cla=ys 4 star_d.a.rds, 7 and to maintain it to those standards. Such standards would permit the operation of 80 m.p.h. passenger trains and o0 rg.p.h. frej�zht trains. We believe passenger service could be established readily if track conditions are improved. Amtrak service on this route across Iowa could be established by the Legislature through a two-thirds subsidy or through Congressional mandate (the Sin Francisco -Bakersfield "San Joaquin" and three international services were established by Congress). It should also be noted that freight trains are now operating at speeds of over 40 miles per hour on much of the Chicago -Omaha line. According to law, the track s'qould measure up to Class 4 standards if freight trains are operated at speeds of between 41 and 60 miles per hour. The Rock Island, which crust maintain such speeds to maintain its share of the intensely com- petitive Chicago -Omaha market, may very well have substandard eds involved. Therefore, safety considerations track for the spe dictate Class 4 standards whether or not passeng:nr service is restored. We therefore urge you to contact the Secretary of Trans- -oortation and declare your support for a loan guarantee to the Rock Island on the condition that the track between Chicago and Council Bluffs be promptly upgraded to F.D.A. Class 4 standards, and that it be maintained to those standards. Respectfully, Edgar Czarnecki for the City Council r] MINUTES IOWA CITY HOUSING COMMISSION NOVEMBER 20, 1974 DEPARTMENT OF COMMUNITY DEVELOPMENT CONFERENCE ROOM MEMBERS PRESENT: Branson, Bosserman, Claypool, Sheets, Fountain. MEMBERS ABSENT: Retish, White. CITY STAFF PRESENT: Seydel, Hillis. GUESTS PRESENT: ® Jim Mullendore. RECOMMENDATIONS TO CITY COUNCIL: None. REQUESTS TO THE CITY MANAGER FOR None. r.TST OF MATTERS PENDING COMMISSI 11 None. ION OR STAFF ASSISTANCE: IL DISPOSITION: SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: 1.. Branson called the meeting to order. Bosserman moved that the minutes of the November 6, 1974 meeting be approved as written. Fountain seconded the motion. Motion passed unanimously. 2. There was no public discussion. • -2- 3. Coordinators Report. Seydel reported that 3 new applications and 1 resubmission of an application have been received since the last meeting. Four leases will be available as of December 1. Seydel is presently negotiating on 2 units. Seydel discussed.the 62 units of elderly housing and actions that will be required on the 62 units. Seydel contacted the 7 persons who bought developers packets, as a result of the extension,and asked each of them if they would be submitting a proposal. Seven proposals cannot be expected since 3 of the purchasers are involved with one firm and 2 purchasers are involved with one firm. Two of the purchasers will probably not submit proposals. The proposals are not to be opened until 2:00 P.M. December 2, 1974. After they are opened,February 25, 1975 is the next key date. February 25th is the day that application approval expires. An agreement must be entered into with the selected developer by this date. The proposals will be analyzed here and the Commission ® will have to make a recommendation to the Council. The Council will consider the proposals and make a recommendation to FHA in Des Moines. FHA will analyze the proposal and get back to US. After approval the developer will be notified that he has been selected. After this notification the developer's architect must certify that the plans will comply with city zoning, codes, etc. Seydel suggested that the Commission go ahead immediately after the proposals are submitted and try to have a recommendation to the City Council within 10 days so that they could consider it before the Christmas holidays. Seydel also -suggested that the developers be invited to present their proposals to joint sessions of the Housing Commission and City Council. Branson suggested special meetings be set up to consider proposals. The first meeting wassetfor December 4, 1974 at 7:00 P.M. in the Community Development Conference Room. The regular Housing Commission meeting will be held that morning for regular business. Other meetings will be scheduled as needed. E E 4. Old Business. Branson reported that she attended the Governor's Task Force on Housing meeting in Davenport on November 12. Also attending the meeting were Seydel, Claypool and Fountain. Branson reported on her meeting with University officials and student representatives concerning housing in Iowa City and generally what. students are going to do next fall. Branson was most interested in discussing with them their long range housing plans. The university is only interested in next fall. The University's stand on housing is that the University is a University and not a housing agency their attitude is that they are not interested in expanding housing for married students. As a result of the meeting members of the student senate have decided they are going to conduct some type of survey with the students regarding the housing situation as it affects students. Branson suggested to them that she would like to appoint someone from the Housing Commission to work with them. Claypool has agreed to serve in this capacity. Thea Sando ha"s asked to be appointed as a citizen to work with them. She feels the students could gain by contact with the elderly. Branson suggested at the meeting that next fall the Housing Commission might work as a clearing house for some of the students and elderly citizens who might want to get together and work agreements mutual to each other. For example, students who might want to do work for elderly persons in exchange for cheaper rent. In regard to units lost in Iowa City: 365 units in all will be removed by Urban Renewal. 42 of these are still in existance. As of June 8, 1970 the University had 1,109 units of married student housing. As of October 8, 1974 the University had 759 units of married student housing. Discussion on response to Mayor Czarnecki's Memo of october 15, was deferred until next meeting. 5. New Business. The sale of a portion of Chauncey Swan plaza was briefly discussed. Branson will attend the public hearing on November 22. E -4- 6. Sheets moved and Bosserman seconded the motion that the meeting be adjourned. Motion passed unanimously. The next regular meeting will be December 4, 1974, 8:30 A.M. Special meeting to discuss Developers Packet --December 4, 1974, 7:00 P.M. Approved �,��"""� MEMBERS PRESENT: Madsen, Henry, Ogesen, Cain, Larew MEMBERS ABSENT: Galiher and Horner STAFF PRESENT: Wollmershauser, Schmeiser, Child RECOMMENDATIONS TO THE CITY COUNCIL: 1. To adopt the ordinance amending the Zoning Code regarding fence and shrub heights (Z-7420). 2. To approve 5-7412, final plat of Oakwoods Addition, Part 6B; a replat of a portion of Oakwoods Addition, Part 6. 3. To vacate the alley in Block 86, Original Town of Iowa City (V-7407), subject to the establishment of a utility easement located in the alley or agreement with the utility companies for relocation of the utilities. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: ® None LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION: 1 1. 73-1526. Provision of Neighborhood Parks in New Subdivisions -- Final report dependent upon outcome of a steps and procedures report. 2. 72-04. Board of Adjustment Appeal Amendments. 3. C-7403. Dr. George McCormick's letter regarding lot restrictions for multi -family zoning. Council referral: 10/4/74. 4. C-7404. Madison Street closure. Council referral: 10/17/74. SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Chairman Madsen called the meeting to order and asked if there were any corrections or additions to the minutes of the November 14, 1974 meeting. Mr. Henry suggested that the minutes be amended on page 3, first, paragraph, to read: "Mr. Henry cited as an additional objection instead of "Mr. Henry voiced his objection". A motion to approve the minutes as amended was made by Mr. Henry and seconded by Dr. Ogesen. The motion carried unanimously. } -2- Z-7420. Ordinance amending Zoning Code regarding fence and shrub heights. Also includes amending Municipal Code Chapter 3.38, in particular 3.38.8.A. Council referral: 9/11/74. It was moved by Dr. Ogesen and seconded by Mr. Henry to recommend to the City Council adoption of the ordinance amending the Zoning Code regarding fence and shrub heights (Z-7420). The motion carried unanimously. Z-7424. Rezoning of lot approximately 80' by 80', R3B to C2. Request made by St. Mary's Church for the purpose of constructing a parking lot. Date filed: 11/11/74. 45 -day limitation: 12/24/74. A motion was made by Ms. Cain and seconded by Ms. Larew to refer the request made by St. Mary's Church for the rezoning of a lot approximately 80' by 801, R3B to C2, to the City Attorney for a legal interpretation concerning accessory uses and whether the Board of Adjustment has jurisdiction. Notice was made of the 45 -day limitation and it was requested that an answer be received from the City Attorney prior to the December 12, 1974 meeting. • The motion carried unanimously. S-7412. Final plat of Oakwoods Addition, Part 6B. A replat of a portion of Oakwoods Addition, Part 6. Originally filed: 7/11/74. 45 -day limitation: waived. Revised plat filed: 11/8/74. A motion was made by Dr. Ogesen and seconded by Ms. Larew to recommend approval of S-74121 final plat of Oakwoods Addition, Part 6B. Ms. Cain stated that the P&Z Commission had noted in their informal meeting on November 25, 1974 that Oakwoods Addition, Part 6B, is located in the Ralston Creek Watershed. She said it was her understanding that the City Council had not yet taken any action on the request for a moratorium on future development in the Ralston Creek Watershed. The motion to recommend approval of 5-7412 carried unanimously. V-7407. Vacation of alley in Block 86, Original Town of Iowa City (block bounded by Clinton, Market, Capitol and Bloomington Streets). Requested by University of Iowa. Council referral: ® 11/8/74. , • C A motion was made by Dr. Ogesen and seconded by Ms. Cain to recommend the vacation of the alley in Block 86, Original Town of Iowa City (V-7407), subject to the establishment of a utility easement located in the alley or agreement with the utility companies for relocation of the utilities. The motion carried 4-0 with Ms. Larew abstaining because of a conflict of interest. C-7405. Objections to prohibited and non -conforming signs in sign ordinance. Council referral: 11/6/74. It was moved by Ms. Cain and seconded by Mr. Henry to ask the City's legal staff for an opinion about the amortization of signs in regard to the letter submitted by Attorney William Sueppel. The motion carried unanimously. Chairman Madsen indicated that there would be no Planning and zoning Commission meeting the week of December 23-27 unless a need should arise for a special meeting. The meeting adjourned. r f.c�c.�-Q.cJ A?• Louise B. Larew, Secretary MEMBERS PRESENT: Rogers Bolnick Matson Baum Amidon Winder Dalrymple Sando MEMBERS ABSENT: McCall Moorhead OTHERS PRESENT: Julie Zelenka Jim Sangster Faith Knowler (Parks & Rec.) (Social Services Committee, JCRPC) Carol Spaziani ( ti 11) Mary Neuhauser (Riverfront Comm.) SUMMARY OF DISCUSSION & FORMAL ACTIONS TAKEN: ® Carol Spaziani, Chairone of the Social Services Committee of the Johnson County Regional Planning Commission, presented that Committee's recommendation for Title I funding for a human needs analysis and comprehensive human needs plan. The proposed one year analysis and planning process would be designed to comple- ment the proposed Iowa City Comprehensive Plan, which Ms. Spaziani referred to as "environmental", rather than human needs oriented. Julie Zelenka submitted to the commiteee the November 21 minutes of the Riverfront Commission, urging this committee to give highest priority to the development of a Comprehensive Plan. Ms. Zelenka also answered some informational questions pre- viously submitted by the committee to the city staff. Materials were distributed describing the City's urban renewal plans. Zelenka agreed to have the staff further investigate city plans regarding Ralston Creek, estimate the costs of a recycling facility for Iowa City, and secure a summary of projected major sewer projects. Specifics regarding the Comprehensive Plan proposed by the city staff would, accord- ing to Zelenka, be forthcoming on December 10. Zelenka also distributed the survey of community goals completed by Citizens for a Better Iowa City, as requested by the committee. Sharon Neessen Matson submitted a draft of a letter to community and student organ- izations, in which the committee requests each group's analysis of community needs and ideas for possible projects. (Each group asked to poll its members, and to send a representative to the committee's December 11 public meeting and/or submit its recommendations in writing to the committee, c/o the City Manager.) The letter ® was accepted with minor revisions. Ira Bolnick reported on his compilation of some 75 community and student organiza- tions designated to receive said letter. Minutes ® Citizens' Steering Committee for the Housing and Community Development Act November 25, 1974 Page 2 Julie Zelenka reported that a preliminary random sample needs survey of individual citizens would be impossible in the limited time available, and that such a survey (if possible) would only duplicate the more complete survey called for under the city's Comprehensive Plan. The committee decided that a preliminary survey was desirable, inasmuch as it would reach people not represented by the groups being contacted by letter. Several members volunteered to work with Ms. Matson and members of the Urban and Regional Planning Dept., U. of Iowa, in drawing up and pretesting a questionnaire. In addition, the committee decided to request copies of existing needs surveys and statistical data from the groups being invited to the December 11 public hearing. The committee also designated a need for a publicity campaign to make known the committee's task and activities, and particularly to publicize the December 11 meet- ing and encourage all citizens to attend. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: It was agreed that the committee shall request $200.00 from the City Council (or ® from discretionary funds of the City Manager) to cover the possible costs of: 1) 5,000 handbills to be distributed in shopping areas by volunteers, to supple- ment a publicity effort through the local media; and 2) computer analysis of survey results. Unanimous. The committee also discussed its role in sponsoring neighborhood meetings and helping to set up a structure of citizen participation in the future administra- tion of Community Development funds. This was seen as a future task of the committee. Finally, Harry Baum reported that Willard (Bud) O'Dell has agreed to join the committee, filling the position left by Cathy Young's resignation. Respectfully submitted, Ira Bolnick Committee Member E MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: ® SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: Rogers Bolnick Matson Baum McCall Dalrymple Sando Winder Amidon Moorhead Carol DeProsse Julie Zelenka Pat Hanrahan Jeannie Williams (United Way Planning Division) Sarah Fox (Parks & Recreation) Jim Sangster ( 11 it ) Mary Neuhauser (Riverfront Comm.) Jim Shank (Goodwill Industries) Harry Baum reported that Bud O'Dell will be unable to participate as a Committee member. Pat Hanrahan submitted recommendations on behalf of the United Way Planning Division. United Way advocates funding under Title I, if possible, of: (1) the Mark IV Social Service Center, (2) the Mayor's Youth Employment Program, (3) the Johnson County Infor- mation and Referral Service. All three are presently funded in part or whole by other sources, but will be in need of additional funding this year. The Committee discussed the general question of whether social services could be funded under Title I (viewing Iowa City as an "impacted area" perhaps), and agreed that a test case such as the Mark IV Social Service Center or the Mayor's Youth Employment Program would be appropriate. In addition, the question of alternative funding was raised: How thorough must the advocates of a project be in seeking alternative sources before they are eligible for funding under Title I? Mr. Hanrahan agreed to research both questions with respect to the proposed projects. Also, Julie Zelenka offered to report to the Committee on the status of General Revenue Sharing Funds. The Committee was amenable to the inclusion of funding for the Information and Referral Service within the realm of city and county comprehensive planning. Mr. Hanrahan also reported the endorsement by the United Way of the development of a social services coordinating and resource center (using, for example, a renovated old ® Post Office), as discussed at an earlier Committee meeting. Jeannie Williams, from the United Way Planning Division, informed the Committee of a resolution by the United Way that Title I advance planning funds should be used to hire a human needs planner as early as possible. Furthermore, the planner should be added to the staff of the Johnson County Regional Planning Commission, and should coop- erate closely with City staff in the development of its Comprehensive Plan. said that a letter of resolution would be forthcoming. Ms. Williams Sarah Fox made a presentation on behalf of the Parks and Recreation Commission, in which she listed recommendations for possible expenditure of Title I funds. These included: (1) Funding of evaluation and planning studies, specifically: a comprehensive community development plan, a human needs analysis and comprehensive plan, a River Corridor study, and an outside -consultant study of Ralston Creek. (2) Funding of acquisitions of parks and open spaces and their development was recommended for the River Corridor, Hollywood Manor Area, and Northeast Neighborhood. (3) Funding was recommended for development and rehabilitation of existing park and recreation facilities, including public tree plantings, neighborhood park improvements, City Park improvements, and several other needed improve- ments (bikeways, etc.). (4) Funding of improvements which would remove barriers to the elderly and the handicapped was recommended. (5) Funding of recreational programs and services was also included. In her report, Ms. Fox included specific proposals within each recommendation. Ms. Fox suggested the need, in each instance of proposed projects, to run through the pro- cess of application for alternative funds prior to application for Title I funds. The Committee wondered aloud at the lack of centralized information and effort in the area of applications for State and Federal funding. Mary Neuhauser presented the recommendation by the Riverfront Commission of funding for ®an outside -consultant study of Riverfront Corridor acquisition and development. The amount requested is $30,000, and alternative sources of funding have been explored. 11 The Committee will discuss at a later meeting the materials submitted in support of each of the presentations. RECOMMENDATIONS TO THE CITY COUNCIL. The Committee decided unanimously to recommend that the City Council request Iowa City's 10% advance Title I funds from HUD immediately. In addition, it was agreed to endorse the recommendation of the United Way regarding the hiring of a human resources staff person with the J.C.R.P.C. REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE: The Committee asks that the City staff compile a list of attempted applications for human needs to date. Such a list will help the Committee in designating those projects which have fairly well exhausted alternative sources of funding. Respectfully submitted, Ira Bolnick Committee Member IB:mbm Btisi:zess Off ice IOWA CITY, IOWA 5224E October 14, 1974 City Council Civic Center Iowa City, Iowa 52240 Dear Council Members: The University of Iowa has a contract with the First Presbyterian Church to purchase its property located in Block 86 of the Original Town of Iowa City. The contract calls for possession to be given on or before December 31, 1975. I am forwarding with this letter a copy of a letter written to Mr. Sierk requesting concurrence from the Church in a request from the University to vacate the alley in Block 86. I am also enclosing a copy of the favorable response to that request. It is requested that the City of Iowa City vacate the alley in Block 86 of the Original Town of Iowa City to the State of Iowa for the use and benefit of the State University of Iowa. Very ttrulyyours, .111 er Ray B. Mossman Business Manager & Treasurer RBM:jld Enclosures cc: Mr. Gibson Mr. Richard E. Peterson b / L Va aVuuly ilLKlq 11\lr Notice is hereby given that the City of Iowa City proposes to rezone from R3B, C2, CB and M1 Zones to.CBS.Zone, the, -,'following described property to -wit: Commencing at the intersection of the center lines of Burlington Street and Gilbert Street, thence south along Gilbert Street to the intersection of the center lines of Court Street and Gilbert Street; thence west along Court Street to the intersection of the center lines of Madison Street and Court Street; thence north along Madison Street to the intersection of the center lines of Burlington Street and Madison Street; thence eastward along Burlington Street to the point of beginning_ as requested for the Urban Renewal Project, Iowa R-14. Notice is further given that pursuant to Section 414.4 of the 1971 Code of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said proposed rezoning will be held at the Council Chambers in the City Hall of Iowa City, Iowa, at 7:30 PM on December 10 , 19 74 , and any person having objections to said proposed action may appear and file objections at said hearing. Dated at Iowa City, Iowa this 18th day of November 19 74 City Clerk Publish once , November 18 , 19 74 TO: Planning and Zoning Commission Attn: Don Madsen, Chairman FROM: Iowa City City Council RE: Referral December 12, 1974 At their regular meeting on December 10th, 1974, the Iowa City Council adopted the motion that the area zoned C2 in Block 83 be referred to the Planning and Zoning Commission for.recommendation. Ze' Abbie Stolfus City Clerk 0 W -M m I NOTICE OF PUBLIC HEARING Public Notice is hereby given that a public hearing will be held by the City Council on December 10 , 19 74 , at 7: 30 P M. CST, in the Council Chambers of the City Hall, on a proposed Resolution of Necessity for the construction of 1974 SANITARY SEWER IMPROVEMENT PROJECT within the City of Iowa City, Iowa. At said time and place, last above mentioned, any interested persons may appear and file objections thereto. Dated this 23rd day of November 1974 . Abbie Stolfus, CityZilerk PUBLISH ONCE November 23 . 1974 RESOLUTION OF NECESSITY 1974 SANITARY SEWER IMPROVEMENT PROJECT WHEREAS, plans, specifications and form of contract and an estimate of the total cost of the following public improvement, 1974 Sanitary Sewer Improvement Project are now on file in the Office of the City Clerk, and WHEREAS, notice of this Resolution of Necessity was duly published as required by law, and WHEREAS, the following objections have been filed to said Resolution of Necessity, IOWA: NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, 1) That it is deemed advisable and necessary to construct certain street improvements, hereinafter described on the following streets, avenues and alleys, or portions thereof, within the City of Iowa City, Iowa, to -wit: 2) The type of improvement will be as above set out. 3) The method of construction will be by contract. 4) The cost of the im rovement shall be paid for by such funds of the City as may be legally used for such purposes RESOLUTION NO. 74-530 It was moved by White and seconded by Brandt that the Resolution is read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed and approved this 10th day of December 1 lg 74 Mayor ATTEST: C�W-c City Clerk TO ALL TAXPAYERS OF THE CITY OF IOWA CITY,.IOWA, AND TO OTHER PERSONS INTERESTED: Public notice is hereby given that the City Council of the City of Iowa City, Iowa, will conduct a public hearing on plans, specifications and form of contract for the construction of 1974 SANITARY SEWER PROJECT #1 in said City at 7:30 o'clock p.m., on the 10th day of December , 19 74, said meeting to be held in the Council Chambers in the Civic Center in said City. Said plans, specifications and form of contract are now on file in the office of the Clerk in the Civic Center in Iowa City, Iowa, and may be inspected by any -persons interested. Any persons interested may appear at said meeting of the City Council for the purpose of making objections to said plans, specifications or contract or the cost of making said improvement. This notice given by order of the City Council of the City of Iowa City, Iowa. r. Abbie Stolfus d City Clerk of Iowa City, Iowa PH -01 PH -1 WHEREAS, on the _�orh day of November 1 19 74 plans, specifications and form of contract were filed with the City Clerk of Iowa City, Iowa, for the construc- within the City of Iowa City, Iowa; and WHEREAS, notice of hearing on plans, specifications and form of contract was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications and form of contract are hereby approved as the plans, specifications and form of contract for said 1974 Sanitary Sewer Improvement Project It was moved by White and seconded by Brandt that that the resolution as read be adopted, and upon roll call there were: AYES: NAYES: ABSENT: Brandt X Czarnecki X Davidsen X deProsse X White X Passed and approved thia 10th day of ATTEST: City,,Clerk December 19 74 r I ,ice �: LIfis. r DATE: December 5, 1974 `� TO: Iowa City Council Members FROM: Dennis Kraft, Acting City Manager RE: Newsprint Recycling Program Attached is the latest information summarizing the financial results of Iowa City's Newsprint Recycling Program for the months of October and November, 1974. 11/27/74 MEMORANDUM To: Dennis Kraft, Acting City gQ; Newsprint Recycling Program Manager The following is a summary of the financial results of the newsprint recycling program for November, 1974. Newsprint Recycling Program November, -1974 Surplus/Deficit ( ) Beginning Receipts 65,785 lbs (32.89 tons) X 40% of $16.00 Expenditures Labor $476.08 Equipment 134.76 Surplus/Deficit ( ) Project to Date cc: Richard Plastino Julie Zelenka VJ.B. Pugh' Lr Director Department of Finance $(2,892.04) 210.51 610.84 $(3,292.37) 11/27/74 To: Dennis Kraft, Acting City Re: Newsprint Recycling Program Manager The following is a summary.of the financial results of the Newspring recycling program for October, 1974. This is the last month under our arrangement with Capitol Oil Company and the proceeds from the sale of paper delivered, was just received. Newspring Recycling Program October, 1974 Surplus/Deficit ( ) Beginning $(2,273.18) Receipts 73,190 lbs. (36.595 tons) X 400 of $12.50 182.98 Expenditures Labor 635.77 Equipment 166.07 801.84 Surplus/Deficit ( ) Project to Date $(2,892.04) cc: Richard Plastino Julie Zelenka a; �i �"I Z. B. Pugh, Ji. Director Department of Finance AN ORDINANCE AMENDING THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY ADOPTING THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION I. PURPOSE. The purpose of this Ordinance is to adopt the 1975 Edition of the National Electrical Code published by the National Fire Protection Associa- tion, commonly referred to as the "National Electrical Code" with certain additions and amendments thereto to provide for the protection of the health, welfare, and safety of the citizens of Iowa City, Iowa. SECTION II. AMENDMENT. Chapter 9.20 of the Municipal Code of Iowa City, Iowa, shall be amended to the following: Chapter 9.20 Electricity Article I. Electrical Code Division I. In General 9.20.1 Adoption of Electrical Code. The National Electrical Code, 1975 Edition, National Fire Protection Association, for electric wiring and apparatus hereinafter in this Chapter referred to as National Electrical Code, is hereby adopted in full except for the portions that are deleted, modified or amended by this Chapter. A copy of the National Electrical Code as adopted and a certified copy of this Ordinance shall be on file in the Office of the City Clerk for public inspection. Sections: 9.20. 1. Adoption of electrical code. 2. Amendments and additions. Division 2. Scope and Title 9.20. 3. Title 4. Purpose 5. Scope 6. Application to moved buildings Division 3. Organization and Enforcement 9.20. 7. Electrical inspection division and supervision 8. Electrical inspectors --Powers, duties, authority 9. Electrical board --Creation and authority 10. Hearings 11. Decision 12. Appeal 13. Membership 14. Vacancies 15. Meetings 16. Quorum 17. Voting 18. General rules 19. Legal Counsel 20. Violations --Penalties 21. Electrical Board --Responsibility Division 4. Licenses and Certificates 9.20.22 License applications, licenses and renewals 23. License Fees 24. License expiration and renewal 25. Required license with the City 26. Issuance to individuals only; cessation of membership in firm 27. Contractors' insurance 28. Journeyman License 29. Maintenance electrician's certificate --required Division 5. Permits and Inspections 9.20.30. Permits --required 31. Issuance 32. Non -transferable --permit restrictions 33. Double fee for failure to obtain permit before starting work 34. Home owner 35. Type "M" permit, restrictions and record of work 36. Revocation of permit; expiration of permit 37. Fees; fee exemption 38. Collection of fees for examinations, licenses, certificates and permits; refund of permit fees 39. Inspections 40. Covering or concealing work 41. Removal of covering 42. Correcting defective work 43. Annual inspection --notice of defects, failure to remedy defects Division 6. Miscellaneous 9.20.44. Conformity with standards 45. Iowa City amendments to N.E.C. 46. Definitions 47. Temporary electrical work 48. Metal conduit work 49. Services and circuits --separation from communications conductors 50. Furnishing current prior to approval of wiring 51. Existing buildings 9.20.2. Amendments and Additions The sections in this article are and represent amendments and additions to the requirements contained in the National Electrical Code, and where they conflict with those of the National Electrical Code, the requirements of this article shall prevail and be controlling. Division 2. Scope and Title 9.20.3. Title. This article, and all provisions incorporated herein by reference or otherwise, shall be known as the "Electrical Code", may be cited as such, and will be referred to herein as such and as "this Code". Where the Municipal Code of the City of Iowa City is the subject of reference in this article, it will be referred to herein as "Iowa City Municipal Code". 9.20.4. Purpose. The purpose of this Code is to provide minimum provisions to safeguard life or limb, health, property, and public welfare by regulating, licensing and controlling the design, installation, quality of materials, location and maintenance of all electrical installations and uses within the City. 9.20.5. Scope. The provisions of this Code shall apply to the electrical conductors and equip- ment installed within or on public and private structures and other premises; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises; also mobile homes and travel trailers. -3- 9.20.5. Scope. (cont.) Additions to, alterations of, and repairs to existing electrical equipment, if covered by this Code, shall comply with the provisions of this Code; and, further, the electrical inspector may, when such additions, alterations, or repairs are made, order further reasonable additions or alterations in a building, structure, or on premises, when a danger to life or property may result if such further additions or alterations were not made. Installations which were in compliance with the Code in existence at the time such installations were made shall be presumed to be safe and proper, which presump- tion can be rebutted by evidence that the installation may be dangerous to life or property. For the purposes of this Code, the term "electrical work" shall apply to all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. The term electrical equipment shall include all electrical materials, wiring, conductors, fittings, apparatus, devices, appliances, fixtures, signs, or parts thereof used in electrical work. 9.20.6. Application to Moved Buildings. Structures moved into or within the City shall comply with the provisions of this Code for new structures. Division 3. Organization and Enforcement 9.20.7. Electrical Inspection Division and Supervision. The electrical inspection division of the Division of Code Enforcement shall be under the supervision of a Chief Electrical Inspector who shall be appointed by the City Manager and responsible to the Building Official for the enforcement of the Electrical Code and regulations of the City. 9.20.8. Electrical Inspectors --Powers, Duties and Authority. Electrical inspectors shall have the right to enter upon any property during reasonable hours in the discharge of their official duties, and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the Fire Department. The electrical inspectors are hereby authorized, directed and empowered to inspect any and all electrical installations within the City, to condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life, all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the dispo- sition and arrangements of the same so that persons and property shall not be in danger therefrom. The electrical inspector and his/her assistants shall not engage in the business of the sale, installation, or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. They shall hold membership in the International Association of Electrical Inspectors with the consent of the City Council and shall serve on any electrical committee of those associations to which he/she may be appointed. 9.20.9. Electrical Board --Creation and Authority. There is hereby created an electrical board, referred to hereinafter, as "The Board", with authority to: (a) Periodically review the Electrical Code and make recommendations thereto to the City Council. (b) Prepare and conduct written examinations, and examine the qualifications of applicants for the licenses and certificates required by this article. (d) Act as a board of appeals to hear grievances arising from a decision of the chief electrical inspector and to provide for reasonable interpretations consistent with the provisions of this Code. Any person may upon written request appeal a previous decision of the chief electrical inspector to the board for consideration. 9.20.10. Hearings. Any person affected by a decision of the chief electrical inspector may request and shall be granted a hearing on the decision, provided that such person shall file in the office of the Division of Code Enforcement a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within fifteen days after the day that the person received notice of the decision. Upon receipt of such petition, the Division of Code Enforcement shall set a time and place for such a hearing and shall give petitioner written notice thereof at least three days before the date set for such hearing, unless such three day notice requirement is waived, in writing, by the petitioner. At such hearing the petitioner shall be given an opportunity to be heard to show why the decision of the chief electrical inspector should be modified or withdrawn. The chief electrical inspector shall have the opportunity to be heard to show why his/her decision should be affirmed. The hearing shall be commenced not later than ten days after the day on which the petition was filed, unless, for good cause, a postponement of the hearing is granted. 9.20.11. Decision. After such hearing, the board shall affirm, modify or withdraw the decision of the chief electrical inspector. The proceedings at any hearing before the board, including the findings and decision of the chief electrical inspector, if applicable, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Division of Code Enforcement. Such record shall include a copy of every notice or order issued in connection with the matter. 9.20.12. Appeal. In the event any person shall feel aggrieved by any action of the board, he/she may appeal from such action to the City Council by filing written notice of his/her appeal within ten (10) days from the date of the action. The Council shall give the appealing party and the examining board five (5) days' written notice by certified mail of the date, time, and place of hearing. All interested persons shall be given an opportunity to be heard at such hearing and the City Council may affirm, modify, or overrule the action of the board. 9.20.13. Membership. The board shall consist of four members, all of whom shall be appointed by the ma:or with the approval of the City Council. All members of the board shall hold office until their successors have been qualified and appointed. The term of each member other than the electrical inspector shall be four years, provided, however, that the original appointments to the board shall be made as follows: one member shall be appointed to serve for a period of one year, one member for two years, one member for three years, and one member for four years. The board shall consist of the following persons: One representative of the public who is qualified by technical or professional experience or training in electrical work. One licensed (active) electrical contractor and one (active) electrical journeyman, who shall not be members of the same electrical business or interest. One professional engineer (electrical). The chief electrical inspector of the City of Iowa City, who shall act as permanent secretary to the board. The Electrical Board shall elect annually one of its members as chairman; he/she shall preside at all meetings of the board. 9.20.14. Vacancies All vacancies occurring on the board, by removal, resignation, or death, shall be filled by appointment as determined previously. Any member of the board may be removed by the City Council for malfeasance in office, incapacity, or neglect of duty. All appointments made under this section shall be for the unexpired term of the position vacated. 9.20.15. Meetings. The board shall conduct regularly scheduled meetings for examinations during the months of January, April, July, and October of each year. Special meetings may be called at any time by the chairman of the board or the chief electrical inspector or upon the written request of two members of the board to the chairman or the chief electrical inspector. The Council shall provide suitable space in which the board may hold its meet- ings, and all necessary equipment and facilities for holding examinations. 9.20.16. Quorum. A quorum shall consist of three members of the board. In proceedings relative to the suspension or revocation of licenses or certificates, at least three members must concur in such suspension or revocation. 9.20.17. Voting. All members of the board shall have one vote on any and all matters coming before the board, except that no member of the board shall vote on any questions in which he/she is engaged as a contractor, material dealer, designer or consultant, or in which he/she has any direct interest. The chief electrical inspector shall not vote on any question involving an appeal of his/her previous decision; and, in the event of a tie vote, said previous decision shall be affirmed. 9.20.18. General Rules. The chief electrical inspector shall keep a full and correct detailed record of the official proceedings of the board and preserve all documents, books, and papers relating to examinations for licenses and certificates and hearings of complaints and charges. 9.20.19. Legal Counsel. The board shall have the right to request legal counsel from the City Legal Department when such counsel is desired, or other legal counsel as required. 9.20.20. Violations --Penalties. It shall be unlawful for any person to install, alter, repair, maintain, improve or use any electrical equipment, or to perform any electrical work in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. 9.20.21. Electrical Board --Responsibility. It shall be the responsibility and duty of the board: (a) To prescribe rules and regulations for the conduct of examinations of applicants for licenses and certificates and to prepare the subject matter for examinations suitable to determine the qualifications of applicants for licenses and certificates herein prescribed. (b) To rule upon the qualifications of all applicants and certify qualified applicants, together with their respective examination ratings, within thirty days after the date upon which such examination is held, after which the chief electrical inspector shall cause such license or certificate to be issued. (c) To adopt a responsible method whereby the chief electrical inspector is authorized to conduct qualifying examinations for a home owners' permit as described in this Code. (d) To revoke or suspend any license or certificate herein prescribed for violations of this Code, but only after the person charged therewith has been given notice and an opportunity to be heard in his/her own defense as provided herein. Said -6- • hearing shall be held at the earliest convenience of all parties concerned, but in any case, shall be within five days„ excluding Saturdays, Sundays, and holidays, after written notice has been served on the person charged with the violation. The board shall hear all interested parties who have pertinent written or oral evidence or information to present for consideration. Suspensions shall be for any period, up to six months, and during the period of such suspensions, the license or certi- ficate of the offender shall be void, and said offender shall not perform any work for which a license or certificate is required. After the termination of such period of suspension, such license or certificate shall be re -activated by the chief electrical inspector, provided that renewal fees which have become due thereon, as herein set out, have been paid. Division 4. Licenses and Certificates 9.20.22. License Applications, Licenses and Renewals. Any person desiring to take examinations for any of the licenses or certificates required by this Code, shall make application thereof to the chief electrical inspec- tor on blanks furnished by him/her and each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter, which fee shall be paid for each examination, or re-examination. The examination shall be practical, written or oral, or a combination thereof, and shall be of such a nature as to test the capabilities of all applicants for the same type of license uniformally. The applicant shall clearly demonstrate to the board his qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the Electrical Code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he/she may apply for re-examination after the expiration of six months and upon payment of another examination fee. 9.20.23. License Fees. The fees for examinations and licenses as shown in the following table are hereby authorized and required: MASTER ELECTRICIAN LICENSE JOURNEYMAN LICENSE MAINTENANCE ELECTRICIAN'S LICENSE RESTRICTED ELECTRICIAN'S LICENSE 9.20.24. License Expiration and Renewal. Examination Annual Fee Fee $75.00 $10.00 $15.00 $ 5.00 $15.00 $ 5.00 $15.00 $ 5.00 All licenses shall expire on January lst of each year. Any license that has so expired may be renewed within sixty days after the expiration date upon payment of the renewal fee plus ten dollars. Upon the expiration of the aforementioned sixty day period, no license or certificate shall be renewed except upon recommen- dation of the board and payment of the renewal fee plus ten dollars. 9.20.25. Required License with the City. No person shall engage in the activity, or represent himself/herself to the public as engaging in the activity of installing, altering, maintaining, or repairing any electrical equipment within the scope of this article unless such person shall have first obtained from the City a Master Electrician's License, except that the holders of current Master Electrician's licenses granted by the City prior to passage of this Code shall issue renewals of their licenses without taking the examinations herein provided. Such licenses shall be issued, however, without examination, in the case of any person holding a Master Electrician's license from another Iowa municipal corporation recognized by the board as having similar licensing standards, upon payment of the required license fee. Nothing contained in this section shall be deemed to exclude the performance of maintenance work by Master Electricians. Before a person can apply for a Master Electrician's License, he/she must carry a Journeyman's license for one year. -7- -e. • Either a licensed master or a journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: 1. The electrical work of a public utility company, telephone or telegraph companies, nor the persons performing electrical work for such companies, where such electrical work is an integral part of the plant used by such public utility company or telephone or telegraph company in rendering its duly authorized service to the public. 2. A regular employee of any railroad who does electrical work only as a part of that employment. 3. The service or maintenance of warm air heating equipment by any person who is licensed as a warm air heating contractor, provided that such service or main- tenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of such warm air heating equipment to an existing individual branch circuit. 9.20.26. Issuance to Individuals only; Cessation of Membership in Firm. Whenever a Master Electrician's license is issued, it shall be in the name of the person who has qualified for same. No license shall be issued in the name of a firm or corporation. In the event of a firm's or corporation's licensed members ceases to be a member of the firm or corporation, then such firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be continued and finished. A Master Electrician who terminates his/her association with a firm or corporation shall notify the chief electrical inspector of such termination. 9.20.27. Master Electrician's Insurance. Each Master Electrician or the firm or corporation employing a Master Electrician doing electrical work under this ordinance shall furnish with the City "Electrical Inspector" a copy of insurance stating the liability and completed products in the amount of $100,000 and $300,000. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termination of the policy by the insured or insurer. 9.20.28. Journeyman License. Before a person can apply for a Journeyman's license, he/she must have a minimum of one year experience as an apprentice under a Master Electrician, in the general building area. 9.20.29. Maintenance Electrician's Certificate --Required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical equipment within a building, or group of buildings. A main- tenance electrician's certificate shall be issued to any person who shall satisfactorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be reissued renewals of their certificates without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. Division 5. Permits and Inspections 9.20.30. Permits --Required. No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing from the electrical inspection division a permit therefore; nor shall any alteration or change be made in the wiring of any building, or in any electrical installation therein or thereon, either before or after inspection, nor shall any electric current be connected to any wires, or apparatus, without notifying the electrical inspector and securing a permit therefore. A separate permit shall be obtained for each structure. L After proper application on forms provided by the chief electrical inspector, permits shall be issued in the name of the person holding an active Master Elec- trician's license and the name of the firm he/she represents. All applications for electrical permits shall be signed by the licensed Master Electrician, or the home- owner doing his/her own work. 9.20.32. Non -Transferable --Permit Restrictions. Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the Master Electrician securing such permit, his/her firm, or corporation. 9.20.33. Double Fee for Failure to Obtain Permit Before Starting Work. Except in emergency situations, as determined by the electrical inspector, where work for which an electrical permit is required by this Code is started or proceeded with by any person prior to obtaining a required permit, the regular fees as specified in the Code for such work shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person who owes the City the double fee described in this section. 9.20.34. Home Owner. In cases where an owner -occupant of a single family dwelling desires to install wiring or electrical equipment, or perform any electrical work in his/her single family structure, he/she may appear before the electrical inspector and show that he/she is competent to do the specific work for which he/she desires an electrical permit, and after such showing, may obtain an electrical permit by paying the proper fee. For purposes of this section a single family structure shall mean a detached residence designed for or occupied by one family only. 9.20.35. Type "M" Permit, Restrictions and Record of Work. Before any maintenance electrical work is performed by a maintenance electrician under the provisions of 9.20.38 of this Code, an electrical permit shall be obtained from the electrical inspection division by the person or persons owning or controlling the building or group of buildings in which such maintenance electrical work is to be performed. This shall be known as a type "M" permit and shall be valid for one year from the date of issuance. The name of the person or persons holding a maintenance electrician's certificate and performing work as provided in this section, shall be filed with the electrical inspection division of the Division of Code Enforcement and in the event a change is made, the new name shall be filed. Each maintenance electrician performing work under the permit required by this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement of the work performed during the preceding three months in such building which statement shall be made under oath. 9.20.36. Revocation of Permit; Expiration of Permit. Any permit required by the provisions of this Code may be revoked by the chief electrical inspector upon the violation of any provision of this Code. Every permit issued under the provisions of this Code shall expire by limita- tion and become null and void, if the work authorized by such permit is not commenced within sixty days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced a new permit shall be first obtained, and the fee therefore shall be one-half of the amount required for a new permit for such work, provided that such suspension or abandonment has not exceeded one year. 9.20.37. Fees; Fee Exemption (a) There shall be paid to the Division of Code Enforcement for the issuance of each electrical permit the sum of the following unit fees: -9- 1. One meter setting Two meter settings Each meter setting in excess of two 2. Outlets, switches, light fixture openings 1-30 31 & over each 3. Electric range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them $2.00 each 4. Fluorescent per running ft. 5. Electric heat per kilowatt 6. Motors (exclusive of circuits) Less than 14 hp. --one through ten motors . . . . . morethan ten . . . . . . . . . . . . . 1i hp. to 1 hp. --one through ten motors. . . more than ten. . . . . . . . . . . 1 hp. to 6 hp. --one through ten motors. . . more than ten. . . . . . . . . . . 6 hp. or over --one through ten motors . . . morethan ten. . . . . . . . . . . 7. Minimum fee for any permit .03 .50 . . 0.25 each . . . 0.20 each 0.50 each 0.25 each 1.00 each 0.50 each 1.50 each 0.75 each $5.00 Master Electricians performing electrical work for political subdivisions of the State of Iowa, or the Federal government may obtain permits for such work without paying the fees described herein. 3.50 .10 In the event that an electrical permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized on such permit, the permitee shall obtain another permit to include all such additional work and shall pay only the unit fees prescribed in paragraph (a) of this section, provided that no such permit shall be issued for less than five dollars. 9.20.38. Collection of Fees for Examinations, Licenses, Certificates and Permits; Refund of Permit Fees. All fees due the City of Iowa City for examinations, licenses, certificates and permits shall be collected in the Division of Code Enforcement and paid thereafter to the City Treasurer. If, within thirty days of the date of issuance, the holder of an electrical permit decides not to commence the work described in said permit, he may, upon application to the Division of Code Enforcement be refunded that portion of the permit fee which is in excess of five dollars. The refund of any fee of five dollars or less shall not be made. 9.20.39. Inspections. It shall be the duty of the person doing electrical work, for which a permit is required, to notify the electrical inspector that said work is ready for inspec- tion. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this Code, post an acceptance tag on or near the work approved. Said tag shall contain the date and results of such inspection. Work that has no tag attached shall be considered unapproved. No tag or tags shall be removed by any person other than an electrical inspector. When the electrical work is completed, the person doing the electrical work shall notify the electrical inspector that the work is ready for final inspection. 9.20.40. Covering or Concealing Work. No electrical work for which a permit is required shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding, or other obstruction which may prevent the proper inspec- tion of wires or electrical equipment. 9.20.42. Correcting Defective Work. When an electrical contractor is notified that defects exist in his/her electrical work, he/she shall make corrections promptly. Corrections shall be made within thirty days after notification, and if not so made, the electrical contractor shall not be issued any other permits until said defects are corrected, and approval given by the electrical inspector. 9.20.43. Annual Inspection --Notice of Defects, Failure to Remedy Defects. The electrical inspector is hereby empowered to make an annual inspection of all electrical wires and equipment in the City, and shall keep an accurate record of inspections and the condition of electrical equipment, and whenever it shall be ascertained by inspection, as provided in this section, that any electrical install- ation or part thereof in any building is so defective as to render the same dangerous to person or property, the electrical inspector shall at once cause notice to be given served upon the owner or person in charge, or the occupant of the same, to remedy the defects within a reasonable time, to be stated in such notice, and if defects are not remedied within the time fixed by such notice, the electrical inspector may cause the electric current to be disconnected from such building and the electric current shall not again be turned on until all defects or improper conditions have been removed, or repaired in conformance with the provisions of this Code. Division 6. Miscellaneous 9.20.44. Conformity with Standards. Conformity with the standards of the Underwriter's Laboratories Incorporated as approved by the United States of American Standards Institute shall be evidence of conformity with approved standards for electrical equipment. 9.20.45. Iowa City Amendments to National Electrical Code. A. In all wiring installations, special attention shall be paid to the mechanical installation of the work. The placement of raceways, cables and conduc- tors; the connecting, splicing, soldering, and taping of conductors, and the securing and attachment of fittings in a proper, neat and workmanlike manner is mandatory. B. All bathroom fixtures, switch boxes and outlet boxes shall be properly grounded. All fixtures and receptacles in bathrooms shall be controlled by a wall switch or switches commonly located near the door. At least one receptacle shall be installed in each bathroom. All receptacles in bathrooms shall be out of reach of tub or shower. If a fixture is used with an outlet, the outlet will not be connected. C. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. D. Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred square feet of floor area. Stairway lighting shall not be included as lighting when figuring gross floor area of basements or cellars. E. Stairway lighting shall be located so that stair treads shall never be shadowed by persons using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. F. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous temperatures or conditions arise. New work and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units to be properly grounded. All wiring on the heating units shall be in electrical metallic rigid, emt or greenfield raceway. G. Exit lights. The exits from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electri- cally illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuit for exit lighting shall be installed in raceway "separate from any other raceway" or circuit of the building. Such circuits shall be connected ahead of main disconnect and controlled independently. H. When it is found that tampering or overloading of circuits is evident, it will be mandatory that all circuits be fused by a non-tamperable fuse or device. I. All wiring for electric light or power hereafter installed in churches, schools, theaters, hotels, lodges, multi -family dwellings, nursing homes, fraterni- ties, sororities, retail stores and any building classified as commercial or indus- trial and places used for public gatherings, warehouses, store buildings, factory buildings and their basements shall be in rigid or electric metallic tubing. J. If any of the above occupancies also have a dwelling unit or rooming unit this portion of the building shall also be wired in conduit. K. Tandem type circuit breakers shall not be used in new installations. Mini breakers are prohibited. L. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. M. No service drop shall parallel or be located so as to prevent raising a ladder to the window. N. Services on ranch type buildings where service entrance goes through the roof must be not less than two inches (2) rigid steel and extended above the roof not less than thirty-six inches (36) complete with service head and thirty-six inches (36) of wire extending from service head. Pipe to be secured on the wall with two - hole straps or the equivalent and weather proofed where it extends through the roof. 0. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by at least two inches of masonry construction. P. "For installations in residential occupancies", the main service entrance shall not be smaller than one hundred ampere. Individual homes with over 2,500 square feet of floor space, including the basement but excluding the garage, shall be served with not less than 200 ampere three pole solid neutral entrance switch or equivalent, using dead front equipment. Q. The minimum service in a two-family duplex shall be of 200 ampere capacity or may be run as two 100 ampere services. R. Power services. Three phase services shall be classified as power services and may be used to supply power appliances and shall comply with all provisions of other types of services and shall not be less than 60 ampere capacity. All metallic equipment used in conjunction with such services shall be effectively ground. S. All service entrances locations in the central business district shall be approved by the Electrical Inspector before installation. T. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. U. The main switch shall be mounted in a readily accessible location as near as possible to the point where the conductors enter and not more than six feet inside the building. V. All circuits shall be continuous by means other than attachment to the wiring devices. W. Receptacle outlets. In all dwellings, there shall be not less than one (1) twenty ampere three wire circuit (220 volts) grounding type supplying receptacle outlets in the kitchen, dining room, family room or kitchen dinette. Refrigerator receptacles shall be on a separate circuit. Permanently installed dishwasher shall be supplied by a separate 20 ampere circuit. X. All exposed wiring installed in dwellings shall be in metal raceway. Y. Flexible conduit may be used where conduit must be fished into concealed places and where subject to vibrations. A maximum length of flexible metal conduit of 72" may be exposed. When flexible metal conduit is used a grounding conductor of equal current carrying capacity to the largest current carrying conductor shall be installed. 9.20.46. Definitions. For purposes of this Code the following definitions shall apply: Dwelling, single family: A detached residence designed for or occupied by one family only. Dwelling, two family: A detached residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. Dwelling, row: Any one of three or more attached dwelling units in a contin- uous row, that are separated from one another by an approved fire wall or walls having a fire resistive rating of at least one hour. Dwelling Unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together in a dwelling unit. Structure: Is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Type M: Is in reference to annual maintenance permits and maintenance electrical licensed personnel. 9.20.47. Temporary Electrical Work. Temporary electrical work shall generally be construed to mean that work which is obviously installed for the convenience of a contractor or builder during construc- tion. Such work shall be the complete responsibility of the person who installs it and shall require the inspector's approval prior to being used, provided that the inspector may require corrections in such writing to eliminate any hazardous or unsafe conditions. A permit is required and fee to be paid is $5.00 unless total permit for rest of the job in question is submitted in total and the permit then is $2.00. 9.20.48. Metal Conduit Work. All electrical equipment in or upon buildings within the City shall be of the class known as rigid metal conduit or electrical metallic tubing work, except where concealed in single family structures or two-family structures, including their garages, and except in locations subject to corrosive action on metal, in which case the standards set forth in the National Electrical Code shall apply; provided however, that all wiring that is located below grade (as defined in the Building Code) shall be of a type approved for installation in wet locations. Basements and cellars (as defined in the Building Code) shall be of a type approved for install- ation in wet locations. Basements and cellars (as defined in the Building Code) that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. 9.20.49. Services and Circuits--Sej2aration from Communications Conductors. All service entrances in and upon buildings within the City shall be of the class known as "rigid metal conduit or electrical metallic tubing", except as herein provided. Underground service entrances for all buildings except in single family, or two-family, structures shall be of moisture resistant wire installed in rigid metal conduit or approved nonmetallic raceway enclosed in concrete. Underground service entrances for single family structures or two-family struc- tures, including their garages may be of the approved type U.S.E. direct -burial cable installed thirty inches below grade and properly protected from mechanical injury at the point of overhead attachment and termination. -13 - Other provisions of this section to the contrary notwithstanding, that portion of an underground service lateral that is installed by an electrical contractor, but is owned and maintained by a corporation licensed by law to engage in the business of supplying and distributing electricity, may be of a type used by a corporation for such an installation. Underground circuits under driveways and where there is vehicle traffic shall be installed not less than thirty inches below grade. 9.20.50. Furnishing Current Prior to Approval of Wiring. No person or corporation generating current for electric light, heat or power in the City shall connect its system or furnish current for electrical purposes to any building or premises which has not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from the electrical inspector to do so, immediately disconnect such building or premises from its source of current. 9.20.51. Existing Buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of 50% or more of the wiring equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this Code for the new type of occupancy. SECTION III. REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as is Chapter 9.20 of the Municipal Code of Iowa City, Iowa. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of the National Electrical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or of the Ordinance, adopting same as a whole part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as requred by law. It was moved by White that the Ordinance as read be adopted, AYES: NAYS: ABSENT: Brandt Czarnecki deProsse Davidsen White ATTEST:__-`=�� City C1 k First Reading Second Reading 12-10-74 T.O. 12-10-74 T.O. Third Reading 12-10-74 T.O. Passed and approved this 10th and seconded by deProsse and upon roll call there were: day of r December 19 74 ORDINANCE NO. AN ORDINANCE AME DING -THE MUNICIPAL CODE OF IOWA CITY, IOWA, BY r ADOPTING THE A kCATION OF THE NATIONAL ELECTRICAL CODE WITH CERTAIN ADDITIONS AND AMENDMENTS THERETO: REPEALING CHAPTER 9.20 OF THE MUNICIPAL CODE OF IOWA CITY, IOWA, AND ENACTING A NEW CHAPTER IN LIEU THEREOF. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA. SECTION,I. PURPOSE. :The purpose of this Ordinance is to adopt the -- publicetyon-artd-subsegnexi* ^� l *��Tc published by the National Fire Protection Association, commonly referred to as the "National Electrical Code"swith certain additions and amendments thereto to provide for the protection of the health, welfare, and saf4y of the citizens of Iowa City, Iowa./ SECTION II. Ak4ENDMENT. Chapter 9.20 of the shall be amended to `the following: Chapter 9.20 Electricity icle I. Electr LRivision I 9.20.1. This article shall consist o the Code and subsequent publications, p 1 ciation commonly known as and referrd a copy of which is on file in the of which National Electrical Code is in as though set forth in its entirety. Sections: Code General ipal Code of Iowa City, Iowa, test publication of the National Electrical ed\by the National Fire Protection Asso to he�ein as the "National Electrical Code", e of tte City Clerk of Iowa City, Iowa, porated\herein by this reference as fully 9.20. 1. Adoption oftional cde. 2. Amendments d addition Division 2 Scope and Ti e 9.20. 3. Title 4. Purpose 5. Scope 6. Applic,tion to moved buildings Division 3. Organization and t 9.20. 7. Electrical inspection division and supervision B. Electrical inspectors --Powers, duti s, authority 9. Electrical board --Creation and autho ity 10. Hearings 11. 6ecision 12. ./Appeal 13./ Membership 14.; Vacancies 151' Meetings 16. Quorum 17. Voting 1`8. General rules ,19. Legal Counsel X20. Violations --Penalties 21. Electrical Board --Responsibility r Division 4. Licenses and Certificates 9.20.22. License applications, licenses and renewals 23. License Fees 24. License expiration and renewal C� E Division 4. Licenses and Certificates (cont.) 25. Required license with the City 26. Issuance to individuals only; cessation of membership in firm 27. Contractors' insurance 28. Journeyman License 29. Maintenance electrician's certificate --required Division 5. Permits and Inspections 9.20.30. Permits --required 31. Issuance 32. Non -transferable --permit restrictions 33. Double fee for failure to obtain permit before starting work 34. Home owner 35. Type "M" permit, restrictions and record of work 36. Revocation of permit; expiration of permit 37. Fees; fee exemption 38. Collection of fees for examinations, licenses, certificates and permits; refund of permit fees 39. Inspections 40. Covering or concealing work 41. Removal of covering 42. Correcting defective work 43. Annual inspection --notice of defects, failure to remedy defects Division 6. Miscellaneous 9.20.44. Conformity with standards 45. Iowa City amendments to N.E.C. 46. Definitions 47. Temporary electrical work 48. Metal conduit work 49. Services and circuits --separation from communications conductors 50. Furnishing current prior to approval of wiring 51. Existing buildings 9.20.2. Amendments and Additions. The sections in this article are and represent amendments and additions to the requirements contained in the National Electrical Code, and where they conflict with those of the National Electrical Code, the requirements of this article shall prevail and be controlling. Division 2. Scope and Title 0 9.20.3. Title. This article, and all provisions incorporated herein by reference or otherwise, shall be known as the "Electrical Code", may be cited as such, and will be referred to herein as such and as "this Code". Where the Municipal Code of the City of Iowa City is the subject of reference in this article, it will be referred to herein as "Iowa City Municipal Code". 9.20.4. Purpose. The purpose of this Code is to provide minimum provisions to safeguard life or limb, health, property, and public welfare by regulating, licensing and controlling the design, installation, quality of materials, location and maintenance of all electrical installations and uses within the City. 9.20.5. Scope. The provisions of this Code shall apply to the electrical conductors and equip- ment installed within or on public and private structures and other premises; also the conductors that connect the installations to a supply of electricity, and other outside conductors adjacent to the premises; also mobile homes and travel trailers. ® Additions to, alterations of, and repairs to existing electrical equipment, if covered by this Code, shall comply with the provisions of this Codes and, further, "tie electrical inspector may, when such additions, alterations, or repairs are made, .,rder further reasonable additions or alterations in a building, structure, or on premises, when a danger to life or property may result if such further additions or alterations were not made. installations which were in compliance with the Code in existence at the time such installations were made shall be presumed to be safe and proper, which presump- tion can be rebutted by evidence that the installation may be dangerous to life or property. For the purposes of this Code, the term "electrical work" shall apply to all uses, installations, alterations, repairs, removals, replacements, connections, disconnections and maintenance of all electrical equipment. The term electrical equipment shall include all electrical materials, wiring, conductors, fittings, apparatus, devices, appliances, fixtures, signs, or parts thereof used in electrical work. 9.20.6. Application to Moved Buildings. Structures moved into or within the City shall comply with the provisions of this Code for new structures. is Division 3. Organization and Enforcement 9.20.7. Electrical Inspection Division and Supervision. The electrical inspection division of the Division of Code Enforcement shall be under the supervision of a Chief Electrical Inspector who shall be appointed by the City Manager and responsible to the Building Official for the enforcement of the Electrical Code and regulations of the City. 9.20.8. Electrical Inspectors --Powers, Duties and Authority. Electrical inspectors shall have the right to enter upon any property during reasonable hours in the discharge of their official duties, and shall have the authority to cause the disconnection of any wiring or equipment where such wiring or equipment is dangerous to life or property or may interfere with the work of the Fire Department. The electrical inspectors are hereby authorized, directed and empowered to inspect any and all electrical installations within the City, to condemn and order removed or remodeled and put in proper and safe condition for the prevention of fire and the safety of life, all electrical heating and lighting apparatus, motors, machinery, fixtures and connections, electrical equipment used in the utilization of electrical current for light, heat or power purposes and to control the dispo- sition and arrangements of the same so that persons and property shall not be 10 in danger therefrom. The electrical inspector and his assistants shall not engage in the business of the sale, installation, or maintenance of electrical equipment either directly or indirectly, and they shall have no financial interest in any firm engaged in such business in the City of Iowa City at any time while holding office. They shall hold membership in the International Association of Eelctrical Inspectors with the consent of the City Council and shall serve on any electrical committee of those associations to which he may be appointed. 9.20.9. Electrical Board --Creation and Authority. There is hereby created an electrical board, referred to hereinafter, as "The Board", with authority to: (a) Periodically review the Electrical Code and make recommendations thereto to the City Council. (b) Prepare and conduct written examinations, and examine the qualifications of applicants for the licenses and certificates required by this article. E E 11 (d) Act as a board of appeals to hear grievances arising from a decision of the chief electrical inspector and to provide for reasonable interpreta- tions consistent with the provisions of this Code. Any person may upon written request appeal a previous decision of the chief electrical inspec- tor to the board for consideration. 9.20.10. Hearings. Any person affected by a decision of the chief electrical inspector may request and shall be granted a hearing on the decision, provided that such person shall file in the office of the Division of Code En=orcement a written petition requesting such hearing and setting:forth a brief statement of the grounds therefore within fifteen days after the day that the person received notice of the decision. Upon receipt of such petition, the Division of Code Enforcement shall set a time and place for such a hearing and shall give the petitioner written notice thereof at least three days before the date set for such hearing, unless such three day notice requirement is waived, in writing, by the petitioner. At such hearing the petitioner shall be given an opportunity to be heard to show why the decision of the chief electrical inspector should be modified or withdrawn. The chief electrical inspector shall have the opportunity to be heard to show why his decision should be affirmed. The hearing shall be commenced not later than ten days after the day on which the petition was filed, unless, for good cause, a postponement of the hearing is granted. 9.20.11. Decision. After such hearing, the board shall affirm, modify or withdraw the decision of the chief electrical inspector. The proceedings at any hearing before the board, including the findings and decision of the chief electrical inspector, if applicable, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Division of Code Enforcement. Such record shall include a copy of every notice or order issued in connection with the matter. 9.20.12. Appeal In the event any person shall feel aggrieved by any action of the board, he may appeal from such action to the City Council by filing written notice of his appeal within ten (10) days from the date of the action. The Council shall give the appeal- ing party and the examining board five (5) days' written notice by certified mail of the date, time, and place of hearing. All interested persons shall be given oppor- tunity to be heard at such hearing and the City Council may affirm, modify, or overrule the action of the board. 9.20.13. Membership. The board shall consist of four members, all of whom shall be appointed by the mayor with the approval of the City Council. All members of the board shall hold office until their successors have been qualified and appointed. The term of each member other than the electrical inspector shall be four years, provided, however, that the original appointments to the board shall be made as follows: one member shall be appointed to serve fork.a period of one year, one member for two years, one member for three years, and one member for four years. The board shall consist of the following persons: One representative of the public who is qualified by technical or professional experience or training in electrical work. One licensed (active) electrical contractor and one (active) electrical journeyman, who shall not be members of the same electrical business or interest. One professional engineer (electrical). The chief electrical inspector of the City of Iowa City, who shall act as permanent secretary to the board. The Electrical Board shall elect annually one of its members as chairman; he shall preside at all meetings of the board. C C C All vacancies occurring on the board, by removal, resignation, or death, shall be filled by appointment as determined previously. Any member of the board may be removed by the City Council for malfeasance in office, incapacity, or neglect of duty. All appointments made under this section shall be for the unexpired term of the position vacated. 9.20.15. Meetings. The board shall conduct regularly scheduled meetings for examinations during the months of January, April, July, and October of each year. Special meetings may be called at any time by the chairman of the board or the chief electrical inspector or upon the written request of two members of the board to the chairman or the chief electrical inspector. The Council shall provide suitable space in which the board may hold its meet- ings, and all necessary equipment and facilities for holding examinations. 9.20.16. Quorum. A quorum shall consist of three members of the board. In proceedings relative to the suspension or revocation of licenses or certificates, at least three members must concur in such suspension or revocation. 9.20.17. Voting. All members of the board shall have one vote on any and all matters coming before the board, except that no member of the board shall vote on any questions in which he is engaged as a contractor, material dealer, designer or consultant, or in which he has any direct interest. The chief electrical inspector shall not vote on any question involving an appeal of his previous decision; and, in the event of a tie vote, said previous decision shall be affirmed. 9.20.18. General Rules. The chief electrical inspector shall keep a full and correct detailed record of the official proceedings of the board and preserve all documents, books, and papers relating to examinations for licenses and certificates and hearings of complaints and charges. 9.20.19. Legal Counsel. The board shall have the right to request legal counsel from the City Legal Department when such counsel is desired, or other legal counsel as required. 9.20.20. Violations --Penalties. It shall be unlawful for any person to install, alter, repair, maintain, improve or use any electrical equipment, or to perform any electrical work in the City, or cause the same to be done, contrary to or in violation of any of the provisions of this Code. 9.20.21. Electrical Board --Responsibility. It shall be the responsibility and duty of the board: (a) To prescribe rules and regulations for the conduct of examinations of applicants for licenses and certificates and to prepare the subject matter for examinations suitable to determine the qualifications of applicants for licenses and certificates herein prescribed. (b) To rule upon the qualifications of all applicants and certify qualified applicants, together with their respective examination ratings, within thirty days after the date upon which such examination is held, after which the chief electrical inspector shall cause such license or certificate to be issued. (c) To adopt a responsible method whereby the chief electrical inspector is authorized to conduct qualifying examinatinos for a home owners' permit as described in this Code. I -e - (d) To revoke or suspend any license or certificate herein prescribed for violations of this Code, but only after the person charged therewith has been given notice and an opportunity to be heard in his own defense as provided herein. Said hearing shall be held at the earliest convenience of all parties concerned, but in any case, shall be within five days, excluding Saturdays, Sundays, and holidays, after written notice has been served on the person charged with the violation. The board shall hear all interested parties who have pertinent written or oral evidence or information to present for consideration. Suspensions shall be for any period, up to six months, and during the period of such suspensions, the license or certi- ficate of the offender shall be void, and said offender shall not perform any work for which a license or certificate is required. After the termination of such period of suspension, such license or certificate shall be re -activated by the chief electrical inspector, provided that renewal fees which have become due thereon, as herein set out, have been paid. Division 4. Licenses and Certificates 9.20.22. License Applications, Licenses and Renewals. Any person desiring to take examinations for any of the licenses or certificates required by this Code, shall make application therefor to the chief electrical inspector on blanks furnished by him and each application shall be accompanied by a receipt from the City for the examination fee, as set out hereafter, which fee shall be paid for each examination, or re-examination. ® The examination shall be practical, written or oral, or a combination thereof, and shall be of such a nature as to test the capabilities of all applicants for the same type of license uniformally. The applicant shall clearly demonstrate to the board his qualifications for the particular license and show satisfactory knowledge of the methods and standards for doing electrical work under the Electrical Code of the City of Iowa City, Iowa. If an applicant fails to pass an examination, he may reapply for re-examination after the expiration of six months and upon payment of another examination fee. 9.20.23. License Fees. The fees for examinations and licenses as shown in the following table are hereby authorized and required: Examination Annual Fee Fee MASTER ELECTRICIAN LICENSE $75.00 $10.00 JOURNEYMAN LICENSE $15.00 $ 5.00 MAINTENANCE ELECTRICIAN'S LICENSE $15.00 $ 5.00 RESTRICTED ELECTRICIAN'S LICENSE $15.00 $ 5.00 ® 9.20.24. License Expiration and Renewal. All licenses shall expire on January 1st of each year. Any license that has so expired may be renewed within sixty days after the expiration date upon payment of the renewal fee plus ten dollars. Upon the expiration of the aforementioned sixty day period, no license or certificate shall be renewed except upon recommen- dation of the board and payment of the renewal fee plus ten dollars. 9.20.25. Required License with the City. No person shall engage in the activity, or represent himself to the public as engaging in the activity of installing, altering, maintaining, or repairing any electrical equipment within the scope of this article unless such person shall have first obtained from the City a Master Eelctrician's License, except that the holders of current Master Electrician's licenses granted by the City prior to passage of this Code shall be reissued renewals of their licenses without taking the examinations herein provided. Such licenses shall be issued, however, without examination, in the case of any person holding a Master Electrician's license from another Iowa municipal corporation recognized by the board as having similar licensing standards, upon payment of the required license fee. Nothing contained in this section shall be deemed to exclude the performance of maintenance work by Master Electricians. Either a licensed master or a journeyman electrician shall be on the job at all times while electrical work is in progress. The provisions of this section shall not apply to: 1. The electrical work of a public utility company, telephone or telegraph company, nor the persons performing electrical work for such companies, where such electrical work is an integral part of the plant used by such public utility company or telephone or telegraph company in rendering its duly authorized service to the public. 2. A regular employee of any railroad who does electrical work only as a part of that employment. 3. The service or maintenance of warm air heating equipment by any person who is licensed as a warm air heating contractor, provided that such service or main- tenance shall only include electrical work on electrical equipment that is part of such warm air heating equipment. Such work shall include the connection of such warm air heating equipment to an existing individual branch circuit. 9.20.26. Issuance to Individuals only; Cessation of Membership in Firm. ® Whenever an electrical Master Electrician's license is issued, it shall be in the name of the person who has qualified for same. No license shall be issued in the name of a firm or corporation. All firms or corporations desiring to perform electrical work under the provi- sions of this ordinance shall place on file with the chief electrical inspector a statement registering the Master Electrician representative of the firm or corpora- tion. The statements shall be made on forms furnished by the chief electrical inspector prior to the issuance of any permits. In the event of a firm's or corporation's licensed members ceases to be a member of the firm or corporation, then such firm or corporation shall not be permitted to do any further electrical work, except that work under previously issued permits may, at the discretion of the electrical inspector, be continued and finished. A Master Electrician who terminates his association with a firm or corporation shall notify the chief electrical inspector of such termination. 9.20.27. Master Electrician's Insurance. Each Master Electrician or the firm or corporation employing a Master Electrician doing electrical work under this ordinance shall furnish the City "Electrical Inspec- tor" a copy of insurance stating the liability and completed products insurance in the amount of $100,000 and $300,000. The City of Iowa City, Iowa, shall be notified thirty (30) days in advance of the termination of the policy by the insured or insurer. ® 9.20.28. Journeyman License. Before a person can apply for a Journeyman's license, he must have a minimum of one year experience as an apprentice under a Master Electrician, in the general building area. 9.20.29. Maintenance Electrician's Certificate --Required. A maintenance electrician's certificate shall be required of any person who is a regular employee of a manufacturing or industrial establishment, who does electrical work for that establishment only, and who maintains and keeps in a state of repair the existing electrical, equipment within a building, or group of buildings. A maintenance electrician's certificate shall be issued to any person who shall satis- factorily pass the examination given by the board. Any person holding a maintenance electrician's certificate issued by the City prior to passage of this Code shall be reissued renewals of their certificates without taking the examination hereinafter provided. The installation of any new or additional electrical equipment of any kind by the holder of a maintenance electrician's certificate is hereby prohibited. 9.20.30 Division 5 Permits --Required. Permits and Inspections No person shall perform any electrical work nor install electrical equipment in or upon any building or property without first securing from the electrical inspec- tion division a permit therefore; nor shall any alteration or change be made in the wiring of any building, or in any electrical installation therein or thereon, either before or after inspection, nor shall any electric current be connected to any wires, or apparatus, without notifying the electrical inspector and securing a permit there- fore. A separate permit shall be obtained for each structure. 9.20.31. Issuance. After proper application on forms provided by the chief electrical inspector, permits shall be issued in the name of the person holding an active Master Electri- cian's license and the name of the firm, or corporation with whom said electrician is associated. A person holding a Master Electrician's license shall secure permits only for the firm or corporation named on the electrician's license. In the event a electrician becomes associated with a new firm or corporation, immediate notice must be given by filing the name of said firm or corporation with the chief electrical inspector. All applications for electrical permits shall be signed by an active licensed Master Electrician, or the homeowner doing his own work. ® 9.20.32. Non -Transferable --Permit Restrictions. Permits are not transferable. Electrical work performed under permits issued under the provisions of this article must be done by the Master Electrician securing such permit, his firm, or corporation. 9.20.33. Double Fee for Failure to Obtain Permit Before Starting Work. Except in emergency situations, as determined by the electrical inspector, where work for which an electrical permit is required by this Code is started or proceeded with by any person prior to obtaining a required permit, the regular fees as specified in the Code for such work shall be doubled. The payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein. No additional permits shall be issued to any person who owes the City the double fee described in this section. 9.20.34. Home Owner. In cases where an owner -occupant of a single family dwelling desires to install wiring or electrical equipment, or perform any electrical work in his single family structure, he may appear before the electrical inspector and show that he is compe- tent to do the specific work for which he desires an electrical permit, and after ® such showing, may obtain an electrical permit by paying the proper fee. For pur- poses of this section a single family structure shall mean a detached residence designed for or occupied by one family only. 9.20.35. Type "M" Permit, Restrictions and Record of Work Before any maintenance electrical work is performed by a maintenance electrician under the provisions of 9.20.38 of this Code, an electrical permit shall be obtained from the electrical inspection division by the person or persons owning or controlling the building or group of buildings in which such maintenance electrical work is to be performed. This shall be known as a type "M" permit and shall be valid for one year from the date of issuance. The name of the person or persons holding a maintenance electrician's certificate and performing work as provided in this section, shall be filed with the electrical inspection division of the Division of Code Enforcement and in the event a change is made, the new name shall be filed. Each maintenance electrician performing work under the permit required by this section shall keep an accurate record for the electrical inspector of all work performed in each building and shall, in the first days of January, April, July and October of each year, file a statement of the work performed during the preceding three months in such building which statement shall be made under oath. Any permit required by the provisions of this Code may be revoked by the chief electrical inspector upon the violation of any provision of this Code. Every permit issued under the provisions of this Code shall expire by limita- tion and become null and void, if the work authorized by such permit is not commended within sixty days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommenced a new permit shall be first obtained, and the fee therefore shall be one-half of the amount required for a new permit for such work, provided that such suspension or abandonment has not exceeded one year. 9.20.37. Fees; Fee Exemption. (a) There shall be paid to the Division of Code Enforcement for the issuance of each electrical permit the sum of the following unit fees: 1. One meter setting $3.00 Two meter settings 5.00 Each meter setting in excess of two .75 2. Outlets, switches, light fixture openings 1-30 3.50 31 & over each .10 ® 3. Electric range, water heater, furnaces, driers, air conditioners, electric signs, or outlets for them $2.00 each 4. Fluorescent per running ft. .03 5. Electric heat per kilowatt .50 6. Motors (exclusive of circuits) Less than k hp. --one through ten motors 0.25 each more than one . . . . . . . . . . . . . . . . . . 0.20 each 11 hp. to 1 hp. --one through ten motors. . . . . . . . . . 0.50 each more than ten . . . . . . . . . . . . . . . . . . 0.25 each 1 hp. to 6 hp. --one through ten motors. . . . . . . . . . 1.00 each more than ten . . . . . . . . . . . . . . . . . . 0.50 each 6 hp. or over --one through ten motors . . . . . . . . . . 1.50 each more than ten . . . . . . . . . . . . . . . . . . 0.75 each 7. Minimum fee for any permit $5.00 ® Master Electricians performing electrical work for political subdivisions of the State of Iowa, or the Federal government may obtain permits for such work without paying the fees described herein. In the event that an electrical permit is issued for a specific amount of work and, upon inspection, it is determined that more work was performed than was authorized on such permit, the permitee shall obtain another permit to include all such additional work and shall pay only the unit fees prescribed in paragraph (a) of this section, provided that no such permit shall be issued for less than five dollars. 9.20.38. Collection of Fees for Examinations, Licenses, Certificates and Permits; Refund of Permit Fees., All fees due the City of Iowa City for examinations, licenses, certificates and permits shall be collected in the Division of Code Enforcement and paid thereafter to the City Treasurer. If, within thirty days of the date of issuance, the holder of an electrical permit decides not to commence the work described in said permit, he may, upon application to the Division of Code Enforcement be refunded that portion of the permit fee which is in excess of five dollars. The refund of any fee of five dollars or less shall not be made. ® 9.20.39. inspections. It shall be the duty of the person doing electrical work, for which a permit is required, to notify the electrical inspector that said work is ready for inspec- tion. The electrical inspector shall, without undue delay, perform the required inspection and, if the work complies with the provisions of this Code, post an acceptance tag on or near the work approved. Said tag shall contain the date and results of such inspection. Work that has no tag attached shall be considered unapproved. No tag or tags shall be removed by any person other than an electrical inspector. When the electrical work is completed, the person doing the electrical work shall notify the electrical inspector that the work is ready for final inspection. 9.20.40. Covering or Concealing Work. No electrical work for which a permit is required shall be concealed in any manner from access or sight until such work has been inspected and approved by the electrical inspector. 9.20.41. Removal of Covering. The electrical inspector shall have the authority to remove or cause the removal of lath, plaster, boarding, or other obstruction which may prevent the proper inspec- tion of wires or electrical equipment. ® 9.20.42. Correcting Defective Work. When an electrical contractor is notified that defects exist in his electrical work, he shall make corrections promptly. Corrections shall be made within thirty days after notification, and if not so made, the electrical contractor shall not be issued any other permits until said defects are corrected, and approval given by the electrical inspector. 9.20.43. Annual Inspection --Notice of Defects, Failure to Remedy Defects. The electrical inspector is hereby empowered to make an annual inspection of all electrical wires and equipment in the City, and shall keep an accurate record of inspections and the condition of electrical equipment, and whenever it shall be ascertained by inspection, as provided in this section, that any electrical install- ation or part thereof in any building is so defective as to render the same dangerous to person or property, the electrical inspector shall at once cause notice to be given served upon the owner or person in charge, or the occupant of the same, to remedy the defects within a reasonable time, to be stated in such notice, and if defects are not remedied within the time fixed by such notice, the electrical inspector may cause the electric current to be disconnected from such building and the electric current shall not again be turned on until all defects or improper conditions have been removed, or repaired in conformance with the provisions of this Code. Division 6. Miscellaneous 0 9.20.44. Conformity with Standards. Conformity with the standards of the Underwriter's Laboratories Incorporated as approved by the United States of American Standards Institute shall be evidence of conformity with approved standards for electrical equipment. 9.20.45. Iowa City Amendments to National Electrical Code. A. In all wiring installations, special attention shall be paid to the mechanical installation of the work. The placement of raceways, cables and conduc- tors; the connecting, splicing, soldering, and taping of conductors, and the securing and attachment of fittings in a proper, neat and workmanlike man-er is mandatory. B. All bathroom fixtures, switch boxes and outlet boxes shall be properly grounded. All fixtures and receptacles in bathrooms shall be controlled by a wall switch or switches commonly located near the door. At least one receptacle shall be installed in each bathroom. All receptacles in bathrooms shall be out of reach of tub or shower. If a fixture is used with an outlet, the outlet will not be connected. C. Kitchen outlets. No point on a wall shall be more than four (4) feet from an outlet when measured horizontally along the floor or table top line. -11- ® D. Basement lighting fixtures. In all types of occupancies except industrial, one permanent lighting fixture shall be provided for each two hundred square feet of floor area. Stairway lighting shall not be included as lighting when figuring gross floor area of basements or cellars. E. Stairway lighting shall be located so that stair treads shall never be shadowed by persons using them. The light fixtures shall be located at the top and the bottom of the stairs and any dark area. F. Electrically powered heating units, such as oil burners, gas burners, stokers, or other electrically controlled heating units shall use an approved number of protective devices on the electric supply and control lines to limit the action of the equipment when hazardous te:iaperatures or conditions arise. New work and old work shall be supplied by a separate circuit, with a properly fused switch at the heating unit. All heating units to be properly grounded. All wiring on the heating units shall be in electrical metallic rigid, emt or greenfield raceway. G. Exit lights. The exits from any room or building, public or private, used for public gathering whether for worship, lodge activity, retail store, or entertainment, shall have all exits properly lighted and designated by an electri- cally illuminated exit sign. All stairways in public buildings, nursing homes, apartments, retail stores, and hotels shall be properly lighted and designated by an electrically illuminated sign. Circuit for exit lighting shall be installed in raceway "separate from any other raceway" or circuit of the building. Such ® circuits shall be connected ahead of main disconnect and controlled independently. H. when it is found that tampering or overloading of circuits is evident, it will be mandatory that all circuits be fused by a non-tamperable fuse or device. I. All wiring for electric light or power hereafter installed in churches, schools, theaters, hotels, lodges, multi -family dwellings, nursing homes, fraterni- ties, sororities, retail stores and any building classified as commercial or indus- trial and places used for public gatherings, warehouses, store buildings, factory buildings and their basements shall be in rigid or electric metallic tubing. J. If any of the above occupancies also have a dwelling unit or rooming unit, this protion of the building shall also be wired in conduit. K. Tandem type circuit breakers shall not be used in new installations. Mini breakers are prohibited. L. The minimum height of the service entrance head shall be twelve (12) feet above the ground or grade line. M. No service drop shall parallel or be located so as to prevent raising a ladder to the window. N. Services on ranch type buildings where service entrance goes through the roof must be not less than two inches (2) rigid steel and extended above the roof not less than thirty-six inches (36) complete with service head and thirty-six inches (36) of wire extending from service head. Pipe to be secured on the wall with two hole straps or the equivalent and weather proofed where it extends through the roof. O. All service entrances in the central business district shall be rigid conduit. No service entrance shall be run through electric tubing in concealed walls or partitions unless protected by.at least two inches of masonry construction. P. "For installations in residential occupancies", the main service entrance shall not be smaller than one hundred ampere. Individual homes with over 2,500 square feet of floor space, including the basement but excluding the garage, shall be served with not less than 200 ampere three pole solid neutral entrace switch or equivalent, using dead front equipment. Q. The minimum service in a two-family duplex shall be of 200 ampere capacity or may be run as two 100 ampere services. R. Power services. Three phase services shall be classified as power services and may be used to supply power -appliances and 'shall comply with all provisions of other types of services and shall not be less than 60 ampere capacity. All metallic equipment used in conjunction with such services shall be effectively grounded. -12- • ® 5. All service entrance locations in the central business district shall be approved by the Electrical Inspector before installation. T. Each building shall be served with a single set of service entrance conductors. The service conductors shall be properly protected through a single main disconnect. U. The main switch shall be mounted in a readily accessible location as near as possible to the point where the conductors enter and not more than six feet inside the building. V. All circuits shall be continuous by means other than attachment to the wiring devices. W. Receptacle outlets. In all dwellings, there shall be not less than one (1) twenty ampere three wire circuit (220 volts) grounding type supplying receptacle outlets in the kitchen, dining room or kitchen dinette. Refrigerator receptacles shall be on a separate circuit. Permanently installed dishwasher shall be supplied by a separate 20 ampere circuit. X. All exposed wiring installed in dwellings shall be in metal raceway. Y. Flexible conduit may be used where conduit must be fished into concealed places and where subject to vibrations. A maximum length of flexible metal conduit of 72" may be exposed. When flexible metal conduit is used a grounding conductor ® of equal current carrying capacity to the largest current carrying conductor shall be installed. 9.20.46. Definitions. For purposes of this Code the following definitions shall apply: Dwelling, single family: A detached residence designed for or occupied by one family only. Dwelling, two family: A detached residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each. Dwelling, row: Any one of three or more attached dwelling units in a contin- uous row, that are separated from one another by an approved fire wall or walls having a fire resistive rating of at least one hour. Dwelling Unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating. Family: An individual or two or more persons related by blood or marriage, or a group of not more than five persons who need not be related by blood or marriage, living together in a dwelling unit. Structure: Is that which is built or constructed, an edifice or building ® of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. Type M: Is in reference to annual maintenance permits and maintenance electrical licensed personnel. 9.20.47. Temporary Electrical Work. Temporary electrical work shall generally be construed to mean that work which is obviously installed for the convenience of a contractor or builder during construc- tion. Such work shall be the complete responsibility of the person who installs it and shall require the inspector's approval prior to being used, provided that the inspector may require corrections in such writing to eliminate any hazardous or unsafe conditions. A permit is required and fee to be paid is $5.00 unless total permit for rest of the job in question is submitted in total and the permit then is $2.00. 9.20.48. Metal Conduit Work. All electrical equipment in or upon buildings within the City shall be of the class known as rigid metal conduit or electrical metallic tubing work, except where concealed in single family structures or two-family structures, including their ® garages, and except in locations subject to corrosive action on metal, in which case the standards set forth in the National Electrical Code shall apply; provided however, that all wiring that is located below grade (as defined in the Building Code) shall be of a type approved for installation in wet locations. Basements and cellars (as defined in the Building Code) shall be of a type approved for install- ation in wet locations. Basements and cellars (as defined in the Building Code) that are capable of being drained to floor level through a doorway opening onto a properly sloped exterior grade shall not be considered to be located below grade for the purposes of this section. 9.20.49. and Circuits - n from s All service entrances in and upon buildings within the City shall be of the class known as "rigid metal conduit or electrical metallic tubing", except as herein provided. Underground service entrances for all buildings except in single family, or two-family, structures shall be of moisture resistant wire installed in rigid metal conduit or approved non-metallic raceway enclosed in concrete. Underground service entrances for single family structures or two-family struc- tures, including their garages may be of the approved type U.S.E. direct -burial cable installed thirty inches below grade and properly protected from mechanical injury at the point of overhead attachment and termination. Other provisions of this section to the contrary notwithstanding, that portion ® of an underground service lateral that is installed by an electrical contractor, but is owned and maintained by a corporation licensed by law to engage in the business Of supplying and distributing electricity, may be of a type used by a corporation for such an installation. Underground circuits under driveways and where.there is vehicle traffic shall be installed not less than thirty inches below grade. 9.20.50. Furnishing Current Prior to Approval of Wiring. No person or corporation generating current for electric light, heat or power in the City shall connect its system or furnish current for electrical purposes to any building or premises which has not been inspected and approved by the electrical inspector. Any person or corporation shall, upon written notice from -the electrical inspector to do so, immediately disconnect such building or premises from its source of current. 9.20.51. Existing Buildings. If an existing building is damaged by fire, or otherwise, or altered in a manner to require the replacement of 50% or more of the wiring equipment, the entire building shall be made to conform to the requirements of this Code for new buildings. If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of this Code for the new type of occupancy. SECTION III. 'REPEALER. All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed, as is Chapter 9.20 of the Municipal Code of Iowa City, Iowa. SECTION IV. SAVINGS CLAUSE. In the event any section, provision or part of the National Electrical Code or of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid or unconstitutional, such adjudication shall not affect the validity of the Code or of the Ordinance, adopting same as a whole Part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication as required by law. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: , 1974. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF IOWA CITY BY AMENDING SECTION 9.20.1 AND TO ADOPT BY REFERENCE THE 1975 NATIONAL ELECTRICAL CODE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. PURPOSE. P13rooSP_1of thi a nrri i nanra i s t —�_ — -� �o e_ unicpai--C_ of Iowa Cit SECTION II 1975 Edition of the National Electrical Code,I fied by -this''Ordinance. ADOPTION OF ELECTRICAL CODE. Edition, National F hereinafter in this adopted in full except chapter. Section 9.20.2: with -the-provi.s The National Electrical Code, 1975 Protection Association, for electric wiring and apparatus National Electrical Code as referred to as National Electrical Code, is hereby the portions that are deleted, modified or amended by this on file in the Office of the City SECTION III. DELETIONS is deleted: RIF , all electrical work as defined ed. A copy of the and a certified copy of this Ordinance shall be for public inspection. The foklowing section of the National Electrical Code se'Residential Services. For 3 -wire single-phase resi- dential services, the allowable ampaci of Types RH, RHH, RHW, THW, and XHHW copper service -entrance conductors shall be Amp., No. 2-125 Amp.,, -No. 1-150 Amp., No. 1% and the allowable amp acity of Types RH, RHH, copper -clad aluminum service -entrance conduc for sizes No. 4-100 Amp., No. 3-110 -175 Amp., and No. 2/0-200 Amp., , TRW, and XHHW aluminum and shall be for sizes No. 2-100 Amp., No. 1-110 Amp., No. 1/0-125 Amp., No. 2/0-1 \ Amp., No. 3/0-175 Amp., and No. 4/0-200/'Amp. SECTION IV. RECITATION CLAUSE: �\ 1. Pursuant to notice published as provided by law, a\public hearing was held 1\ on the 1971 National Electrical Code as prepared by the National Fire Protection Association. 2. That the official copy of the Code as adopted, and a copy of the adopting Ordinance certified by the Clerk as to the Ordinance's adoption and effective date are on file in the Office of the Clerk. 3. That copies of the National Electrical Code and the adopting Ordinance setting forth the additions thereto are available for inspection and sale at the Office of the Clerk. 4. That copies of the National Electrical Code and the adopting Ordinance setting forth the additions thereto, will be furnished to the State Law Library, Ordinance No. • page 2 the Municipal Library, all newspapers of general circulation published in Iowa City, Iowa, and all commercial radio stations located in Iowa City, Iowa. SECTION V. REPEALER. The Municipal Code of Iowa City be and is hereby amended by repealing 9.20.22 and by adoption of the National Electrical Code, as modified. Any and all other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. PENALTY. Anyone who violates any of the provisions of this Ordinance shall be subject, upon conviction, to imprisonment not exceeding thirty (30) days or a fine not exceeding One Hundred ($100.00) Dollars. SECTION VII. SAVINGS CLAUSE. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VIII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ATTEST: ty Clerk Brandt Czarnecki Davidsen deProsse White MAYOR Passed and approved this day of 1 19 1st Reading 2nd Reading 3rd Reading n ORDINANCE NO. 74-2748 AN ORDINANCE TO A14END THE MUNICIPAL CODE OF IOWA CITY BY MENDING SECTION 9.20.1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. Purpose of this Ordinance is to amend Section 9.20.1 of the Municipal Code of the City of Iowa City, Iowa, which incorporates by reference the 1975 edition of the National Electrical Code by deleting a section from said Electrical Code. SECTION II. DELETIONS. The following section of the National Electrical Code is deleted: Notes to Tables 310-16 through 310-19. 3. Three -Wire Single -Phase Residential Services. For 3 -wire single-phase resi- dential services, the allowable ampacity of Types RH, RHH, RHW, THw, and >MHW copper service -entrance conductors shall be for sizes No. 4-100 Amp., No. 3-110 Amp., No. 2-125 Amp., No. 1-150 Amp., No. 1/0-175 Amp., and No. 2/0-200 Amp., and the allowable ampacity of Types RH, RHH, RHW, THW, and XHHW aluminum and copper -clad aluminum service -entrance conductors shall be for sizes No. 2-100 Amp., No. 1-110 Amp., No. 1/0-125 Amp., No. 2/0-150 Amp., No. 3/0-175 Amp., and No. 4/0-200 Amp. SECTION III. SAVINGS CLAUSE. If any section, provision or part of this Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final Passage, approval and publication as required by law. It was moved by deProsse and seconded by David Sen that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt _X_ Czarnecki v Davidsen X deProsse X White ATTEST: Passed and approved this 1 0th day of 1st Reading 12/10/74 T.O. 2nd Reading %%47:�-- 3rd Reading . December 19 74 WILL J. HAYEK - JOHN W. HAYEK C. PETER HAYEK The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Proposed Ordinance Repealing Intoxication Section of City Code Mayor and Council Members: At your last meeting, you requested a report from me on an ordinance proposed by Councilperson Patrick White repealing the intoxication section of the City Code. This letter to you is my report on that matter. The proposed ordinance repeals subsections a, c, and d of Section 7. 12. 3 of the City Code of Iowa City. The net effect of the ordinance is to repeal the prohibition in the City Code about being intoxicated in a public place or consuming alcoholic beverages on a street or public place. Unaffected, however, by the proposed ordinance is the prohibition of the possession or consumption of alcoholic beverages on park property. That prohibition is unaffected by the proposed repealer. The question of whether or not the proposed ordinance should be adopted by the Council is a policy question which I will not attempt to answer. However, I would point out to Council that the State of Iowa has recently adopted a new statute concerning the problem of alcoholism and intoxicated persons. The new statute adopted by the 65th General Assembly, Senate File 1354, provides for an extensive treatment program for persons with alcohol problems. The first section of the act is instructive as to its purpose and reads as follows: It is the policy of this state that alcoholics and intoxicated persons be directed into and afforded the opportunity to receive treatment which will help them lead normal lives as productive mem- bers of society, and that criminal prosecution ■ Honorable Mayor and - City Council of Iowa City - 2 - December 10 1974 h for o the consumption of alcoholic p beverages be kept at a minimum and that treatment for the protection of intoxicated and other persons be emphasized and increased. Further, the new act provides a new approach to handling of intoxicated persons. Section 17 of the new act provides in part as follows: An intoxicated person may come voluntarily to a facility for emergency treatment. A person who appears to be intoxicated or incapacitated by alcohol in a public place and in need of help may be taken to a facility by a peace officer or the alcoholism service unit. If the person refuses the proffered help, he maybe arrested and charged with intoxication. This new statute shows an intent, I believe, on the part of the legislature to follow new approaches with respect to the whole problem of alcoholics and intoxicated individuals. However, the law does not affect other laws governing personal conduct, such as disorderly conduct laws, disturbance of the peace laws, motor vehicle laws, and the like. Also you should note that "intoxication" remains a State offense, being prohibited by Section 123.46 of the 1973 Code of Iowa. However, before an individual may be arrested for intoxication, he must first be offered treatment at a treatment center according to our interpretation of the language quoted above from Section 17 of the act. Note, however, that the Attorney General's opinion on this point is contrary, See Opinion, Atty. Gen., No. 74-7-14. The proposed ordinance would not affect the provisions of the City Code dealing with personal conduct. See Chapter 7, 02 of the City Code. Thus whether or not the ordinance is adopted much of the conduct which is regulated through arrests for intoxication would still be subject to regulation. In addition, intoxication still is an offense under the State code as indicated above. This report is intended to point out some of the questions involved in connection with the intoxication repealer ordinance. However, if you have any further questions, please feel free to ask. Respectfully, submitted, Jo W. H ye JW H:vb A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: 1 a a siF A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: 1 ORDINANCE NO. A1�ORDINANCE AMENDING CHAPTER 7.12 °OF THE MUNICIPAL CODE OF IOWA. CITY, IOWA, SPECIFICALLY ABOLISHING THIVPROHIBITION OF BEING INTOXICATED, SIMULATING INTOXICATIO /OR CONSUMING ANY INTOXICATING LIQUOR UPON.A PUBLIC GROUNI�OR IN A PUBLIC PLACE \OR BEING FOUND IN A STATE OF INTOXICe1�ION OTHER THAN IN A PUBLIC PLACE WITHIN THE CORPORATION LYMITS OF THE CITY OF IOWA CITY, IOWA, BY REPEALING ORDINAN�CE NOS. 2150A and 2369 (7.12.3.A.., C., D.) BE IT ENACTED \BY THE. CITY COUNCIL OF Tf' CITY OF IOWA CITY, IOWA. i SECTION I. PURPOSE, The purpo: sections 7, 12. 3A. , C., \ \D. , of, the, Municipla Iowa. SECTION II. REPEALER. Sections of this Ordinance is to repeal Code of the City of Iowa City, C 7. 12, 3A. , C. , and D. , of the Code of Iowa City, Iowa, are hereby, repealed. SECTION III. EFFECTIV DATE. This Ordinance shall be in effect after its final passage, al It was moved by that th call there were:-,,. AYES: NAYS: val, and publication as required by law. Ordinance as ABSENT: and seconded by read be adopted, and upon roll Brandt \ Czarnecki Davi dsen deProsse White ATTEST: CITY CLERK 1 val, and publication as required by law. Ordinance as ABSENT: and seconded by read be adopted, and upon roll Brandt \ Czarnecki Davi dsen deProsse White ATTEST: CITY CLERK i 4 000 i= F _2 lst Reading 2nd Reading 3rd Reading Passed and approved this day of 19 d h h f 11 t WHEREAS, the Engineering Department has certifie t at t e o owing improvemen s have been completed in accordance with plans and specifications of the City of Iowa City, Paving Ravencrest, Raven and Ravencourt Streets (Court Hill -Scott Blvd., Add'n., Part II ) AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Brandt and seconded by Davidsen that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X Czarnecki g Davidsen g deProsse x White X Passed and approved this ATTEST: 10th day of December , 19 74 December 10, 1974 To the Honorable Mayor and City Council City of Iowa City Iowa City, Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's offfice. Concrete paving on Raven Court, Raven Street and Ravencrest Drive in Court Hill -Scott Boulevard Addition, Part II, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above improvements be accepted by the City of Iowa City. GRB/mj c 4 Respectfully submitted, ✓3 George R. Bonnett, P.E. Deputy Director/City Engineer KGJVLUTIVA AI;ULrJ:1r4U SEWER .IMPROVEMENTS WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, sanitary sewer in Oakwoods Addition, Part VII AND WHEREAS, Maintenance Bonds for Knowl i ng Brothers are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by deProsse and seconded by White the Resolution as read be accepted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White AYES: NAYS: ABSENT: Passed and approved this ATTEST: 10th day of December , 19 74 that December 10, 1974 To the Honorable Mayor and City Council City of Iowa City Iowa City, Iowa Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer in Oakwoods Addition, Part VII in Iowa City, Iowa, as constructed by Knowling Brothers Contracting Company of Iowa City, Iowa. I hereby recommend that the above improvements be accepted by the City of Iowa City. Respectfully submitted, George R. Bonnett, P.E. Deputy Director/City Engineer GRB/mj c RESOLUTION AUTHORIZING CITY MANAGER TO FILE FOR FEDERAL ASSISTANCE UNDER DISASTER RELIEF ACT BE IT RESOLVED BY the City Council of the City of Iowa City, Iowa THAT Dennis R. Kraft, Acting City Manager, is hereby authorized J to execute for and in behalf of the City of Iowa City, a public entity established under the laws of the State of Iowa, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 606, 91st Congress). Passed and approved this 10th day of December It was moved by Davidsen and seconded by . 1974. deProsse that the Resolution as read be adopted and upon roll call there were: Ayes: Nays: Absent: X Brandt X Czarnecki X Davidsen X deProsse X White kXZ ATTEST: City Clerkd n- jMW Wed C. L. (Timl Bra zarnec t, Counc P. R. (Fenny) Daviasen, counci. Carol a rosse, Councilwoman N04L- J. a is ite, ounce man woman RESOLUTION AUTHORIZING USE OF URBAN RENEWAL PROCLAIMER CERTIFICATES WHEREAS, the City of Iowa City, Iowa, acting as Local Public Agency, is in the execution stage of Urban Renewal Project Iowa - R 14 funded by the United States Department of Housing and Urban Development, hereinafter referred to as HUD, and, WHEREAS, HUD authorizes Local Public Agencies carrying out Urban Renewal Projects to certify to the existence and documenta- tion of certain facts and requirements, subject to a postaudit by HUD and in lieu of the submission of such documentation for prior review and approval by HUD, as set forth in such regulations, policies, and requirements of the secretary as shall be in effect from time to time. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, as follows: The following officials are authorized to prepare, execute, and submit the following proclaimer certificates to HUD on behalf of the Local Public Agency in accordance with the regulations, policies and requirements of the secretary as shall be in effect from time to time. The Mayor of the City of Iowa City, Iowa, is authorized to prepare, execute and submit: 1. Proclaimer certificate relative to establishment of fair market value for property to be acquired. The Director of Community Development of Iowa City, Iowa, is authorized to prepare, execute and submit: 1. Proclaimer certificate relative to Urban Renewal plan amendments, changes or modifications. 2. Proclaimer certificate relative to technical specifica- tions conformance with local standards or standards necessary to support Urban Renewal objectives for Pro- ject improvements. 3. Proclaimer certificate relative to establishment of fair reuse value. It was moved by Brandt and seconded by Davidsen that the Resolution as rea e a opted, and upon roll ca 1 tzere were: AYES: NAYS: X X X X X ABSENT: Passed and approved this CZARNECKI DAVIDSEN DEPROSSE WHITE 10thday of ATTEST: City Clerk December ion k RESOLUTION AUTHORIZING ADOPTION OF AMENDED DEFERRED COMPENSATION PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION. WHEREAS, the City Council of the City of Iowa City, Iowa, [hereinafter the Council] on December 21, 1973, by Resolution No. 73-547 authorized the execution of a master trust agreement with the International City Management Association Retire- ment Corporation [hereinafter the ICMA-RC] as trustee for the deposit of funds; and WHEREAS, the Council on September 17, 1974, by Resolution No. 74-409 authorized the City :Manager of the City of Iowa City [hereinafter the City Manager] to execute on behalf of the City of Iowa City, Iowa, [hereinafter the City] deferred compensa- tion agreements between the City and any qualified staff person who chooses to parti- cipate under the master trust agreement; and WHEREAS, the City has previously established the ICMA-RC Deferred Compensation Plan for certain of its employees; and WHEREAS, the ICMA-RC has requested that certain amendments be made to said plan; and WHEREAS, the City will assist its employees, at no cost to itself, by the incorporation into said plan additional attractive features. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the City amend its master trust agreement with the ICMA-RC by substitution there- for the amended Deferred Compensation Plan, attached hereto as Appendix A, and hereby authorizes the Mayor of the City to execute the said Deferred Compensation Plan with the ICMA-RC; and BE IT FURTHER RESOLVED that the Director of Finance of the City may, on behalf of the City, execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons to participate in the Deferred Compensation Plan, except that any Joinder Agreement for said designated official shall be executed by the City Manager; and BE IT FINALLY RESOLVED that if there is an employer's contribution made under the Deferred Compensation Plan, that such employer's contribution will be approved by resolution of the Council. It was moved by Brandt and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Passed and approved this ATTEST: ( &114� �� City Cler Brandt Czarnecki Davidsen deProsse White 10th day of December 1974. AL i ASS�ATION RETIREMENT CORPORATION DEFERRED COMPENSATION PIAN Amended as of June 33, 1974 THIS DEFERRED COMPENSATION PLAN, hereby establishedby GMY OE Tmya City- Tmma hereinafter the Employer; by agreements with the International City Management Association Retirement Corporation and with the ernpioyees, officers, and officials of said employer who become party to this agreement, by reason of a "Joinder Agreement" signed at this time, or at some time in the future. WHEREAS, the Employer has certain employees rendering to it valuable services; and WHEREAS, the Employer is able to provide its employees with certain benefits under this Plan which assure to those participating employees reasonable retirement security; and WHEREAS, the Employer receives benefits from this Plan by increasing its ability to attract and retain competent personnel and by increasing its flexibility in personnel management. NOW THEREFORE WITNESSETH that the Employer has established this: international City Management Association Retirement Corporation Deferred Compensation Plan and has caused it to be executed by the official affixing his signature on behalf of the Employer's governing body. Conversion Provision: Where an Employer has previously established the ICMA-RC deferred compensation plan for its employees, this Plan shall supersede all previous documents and provisions thereof except that existing deferred compensation employment agreements will continue in full force and effect in lieu of Part I of this plan, and as such, have the immediate force and effect of a "Joinder Agreement" to this Plan. If the Employer and Employee desire to amend the existing Deferred Compensation Employment Agreement by substituting Part 1 of this Plan therefor, this may be done by execution of a "Joinder Agreement". Attest for Employer: ./ 1 Signature of Authorized Official (, iit✓`� /f /r v (Seal) Approved as to Form: _ �V U-tGJ� � • 7 �V �-iJ`��� Attorney for the Employer Attes; for ICNIA.RetiremePKorporation � Signature of Authorized Officia '• (Seal) Fo M For the [CMA Retirement Corporation By: of Authorized Official/Date 3D31 " Complete the following prior to mailing this agreement to the Retirement Corporation Fnli name (City of, County of, etc.): City of Iowa City Title of Oificiai to whom correspondence and reports are to be mailed: (notnarrte) Finance Director Addr>: (include zip code) Civic Center, 410 E. Washington Street Iowa City Iowa 52240 Empl"ye;;' Federal Tax Identification Number: 42-600480S PRELIMINARY STATEMENT or percentages of both "base pay" and "employers ESTABLISHMENT OF- THE PLAN " contributions' or' it may include amounts from or' AMENDMENTS percentages of only one of these components; The International City Management Association I Retirement - Corporation, hereinafter the Retirement Corporation or ICMA-RC, is a nonprofit Delaware Corporation. It has been classified as a ta.s-exempt organization under the provisions of Section 501(c)(3) of the i:rternal Revenue Code. As an aid in the improvement of state and municipal administration in general, the Retirement Corpora- tion is organized for the purpose of receiving and investing deferred compen-.atioo funds of state and local governments and their related and controlled public interest organizations which are tax exempt uider Section 501 of the Internal Revenue Code,- hereinafter ref,+rred to as "Employers"; to act as trustee and/or agent for the collection and reinvestment of the income therefrom; and to act as agent for such Employers and at their explicit direction for the distribution of the funds and assets of their accounts to their participating Employees in accordance with options provided in this International City Management Association Retirement Corporation Deferred Compensation Plan, hereinafter referred to as the "Plan", or the "ICMA-RC Plan". The ICN1A-RC Plan is set out below in two parts: I. The Deferred Compensation Employment Agreement; and 11. The Master T:t:st Agreement. As set out below, the Employer adopts this plan as its agreement with the participating Employees and ICiMA-RC, and the Employees shall participate in the Plan through the execution of a Joinder Agreement, which by its terms ;ncurporates all of the provisions of the Plan. A copy of the Pian shall be supplied to each Employee for his study and understanding priur to his execution of the Joinder Agreement. The Employers, through their participation in the Plan, express their desire to have the benefit of the continued loyalty, service and counsel of their Employee% and to assist them in providing for the contingencies of old age dependency, disability, and death. Th;s Paan may be amended from time to time for purposes of assuring its conformance to the requirements of any applicable law Or rule or regulation pursuant thereto, and to preserve the tax-v<er,pt status of the Plan and the Retirement Corporation. No arnendr••-ent may either directly o: indirectly operate to deprive any pamcipoting Emp;oyer of its beneficial interest in the Trust as it is th-.n constituted. The Retirement Corporation will notify the P••,'icitering Employers of any amendment to this Plan no later ri.:n six ty days prior to its effective slate. Any such amendment will become effective_ after the expiration of that period of time, except to those Employers as may file an objection. No amendment prop -is -,J by participating Employers shall be effective unless agreed to by the lVdIA Retirement Corporation over the signature of an Ofticer. PART I. DEFERRED COMPENSATION EMPLOYMENT AGREEMENT 1. Deferred Compensation—Initial Decision—Future Changes 1.1 There is no limit on the amount or percentage of the total compensation of the Employee which may be deferred by the Employer under this Plan. 1.2 F_r the purpose of this Plan the following dafinitions apply: "Total compensation" is the total of compensation to be paid by the Employer for the services of the Employee, r•grdless of the terms used for its components, as, for example, "base pay," "in addition to base pay," "employer's co-i-ributions," etc.; h "Deferred compensation" is that amount or percentage of ibe total compersation of the Employee vih;ch the Employer c -,•^entry defers from the payment to the Employee, and, 1, ,,�:.+d, dep os,ts into a Deferred Compensation i-uttt :.rt:i d+e R^tip anent Corporation under the terms of I!-. ;'tun. Dr: t::::<d cump.visaiion may include amounts from c. "Current compensation" is that portion of the Employes s total compensation which is not deferred compensation as deferred compensation is defined herein; and d. "Base pay is the stated salary of the Employee. 1.3 The determination of ;he initial amount or percentage and of any future change in amount or percentage of deferred comoensation must be made before the beg,nninq of the period of service for which the compensation is payable. 1.4 The amount of total compensation may be adjusted from time to time without altering the terms of this Plan. However, the percentage or amount of deferred compensation may be adjusted in accordance with 1.3 above. - Any such adjustment of the percentage or amount of deferred compensation shall be communiazited to the Employes agent, the Retirement Corporation, and the deposits in the adjusted percentages or amounts, if changed from the prior existing percentages fir amounts, shall thereafter be made by the Employer into its Retirement Corporation Account. 2. Deferred Compensation Account. Under this Ptan, deferred compensation shall be credited and paid into the Trust established and maintained with the International City Management Association Retirement Corporation as Trustee. The Retirement Corporation is a lonprofit corporation formed for the specific purpose of inv:sting and otherwise administering the funds of said Trust. The Trust may be revoked at any time by the Employer, and upon revocation of said Trust, all of the assets thereof shall return to and revert to the Employer. The Employer shall keep accurate books and records with respect to the Employee's total compensation or other earned income and with respect to amounts paid into said Trust. 3. Ownership of Funds. Neither the Employee nor any brneticiary thereof shall have any interest :vhatsoever in the funds paid into the Deferred Compensation Account or in the accwnulat;ons a any increments on such funds, which shall at all times •ernah+ as an asset of the Employer, subject to its absolute domin;nn, control, and right of withdrawal until such time as the funds or assvr•: „f the Account are are distributed to the Employee in accordano- •oci•h the provisions of this Plan. The obligations of the Empinv�r to pay deferred compensation is contractual only, the Err,ploye-.`+,vin no prefgrred or special interest or claim, by way of trust• annuity, or otherwise, in and to the specific funds and users h.,ld in the Deferred Compensation Account. 'File contractual ob;,caouns of the Employer to pay the funds and assets in its Deferred Cumpeosation Account to the Employee or his heneficnary on the applicable distribution date shall be a continuing obligation upon the Employer, and shall not be relieved by any agreement between the Employer and any other party, except as provided in Section 2 of Paragraph 12 of this Plan, and shall not be affected in any manner by amendment or revocation of the Trust referred to in Pargraph 2 herein or by reversion of the Trust Funds to the Employer. The provisions of this Paragraph shall supersede and control any other provision of this Plan which could be interpreted to be in conflict therewith. 4. Administration of Funds. The funds depos;tr.d in the Deferrer) Compensation Account shall L -a invested and reinvested by the Retirement Corporation, as provided for in the Trust Fund describedinPart II of this Plan, in any manner which In its sole discretion it deems desirabia, without regard at any time to any fecal limitation governing the investment of such flints. The Account shall a:so reflect the gain or luss resulting from the inv. stment and reinvestment thereof. This Trust Fund may br with others established by the Trustee with other Ern;>'.;,c: •:•idt:r this Plan. 5. Desi.lnation of Investments. Each participating Employer, being ? advised of the preferences of, and for the'beneht'of`each of its p_rticioating Employees, shall designate the percentage of the deferred compensation -involved which shall be investedin the ralpECtiye types of investment funds (accounts) of the Retirement Co'porition, such as the .Equity- (Variable) Fund or the FisHO-1 icome Fund, unless the laws of the applicable -state or local - govern:nent require otherwise, in which case those laws shall govern. Future elections to change the percentage to be invested in each tyre c` Fund may only be made prior to and for the next succcac!ing annual period of service for which the compensation is psy'lble by filing written notice thereof With the Retirement Corporation. Such notice will not be effective until received by the ' Rotiremertt Corporation. 6. Payment of Deferred Compensation. The words "designated age", Ci used in this Paragraph and in Paragraph 9 of this Plan, shall mean the designated age which appears in the Joinder Agreement executad by the participating Employee. These words, as used in this P-mgraph, in Paragraph 9, and in the Joinder Agreement, shall also include the following, without repetition therein: "or later, in the so'- discretion of the Employer, at the end of his employment agrreen-ent, if Employee continues in the employ of the Employer after fie attains the designated age." At such time as the Employee reaches the designated age, becomes permanently disabled, or dies, whichever occurs first, he, or his beneficiary or beneficiaries, nominee or estate is/are entitled to receive payment in the Deferred Comp -oration Account outstanding on the date on which one of the fo•eyuing occurs. Payments occasioned by the Employee having reached the designated age, becoming permanently disabled, or by tus death shall be made in accordance with the provisions of Paragraph 7 hereof as foliovvs: a. Payments in monthly, quarterly, semi-annual, or annual paynents over the period of life expectancy of the Employee in accordance with the following procedure: Upon reaching the designated age, or becoming permanently disabled from permanent full-time employment, whichever first occurs, the Employee's life expectancy shall be d-atermined by reference to Standard U.S. Mortality Tables: the arnounts of assets and accumulations in the Deferred Compensation Account shall be computed together with a reasonable rate of return on said assets, less the. amount of expected monthly distribution, over the life expectancy of the Employee: and a monthly amount shall then be mathematically determined, the payment of which, in equal monthiy installments over the period of the life expectancy of the Employee, shall completely deplete the said Account at the end of the last year of life expectancy; or b. Payments in monthly, quarterly, semi-annual, or annual payments in accordance with the following procedure: Unless the Employee's employment terminates prior to the time he attains the designated age, amounts equal to the benefits received by the Employer, under retirement annuity policies, shall be paid to the Employee, at such time as he attains the designated age; or, in the case of death, payment to his beneficiary or beneficiaries, nominee or estate pursuant to the procedures provided in said policies and Paragraphs 7 and 8 of this Plan; or c. Pavments in monthly, quarterly, semi-annual, or annual in-.tagments over a period of not exceeding ten (10) years, said pawn. nts to include a reasonable return on the funds, assets and I c ^:umulations in the Deferred Compensation Account, less the a6liotmt of expected monthly, quarterly, semi-annual, or annual d,.tribution, over the said ten (10) year period; or d. One lump sum payment. 7. •.� _ , of r,•+.ethocf of Payment. The method of payment shall le.• - ^•! l;y the Emp!oyer, acting though the Retirement a. During the Period of Distribution. In the event of the Employee's death during the period of distribution, the Employee's beneficiary shall be entitled to receive payments in accordance with the payment method being employed at the time of the Employee's death. With the consent of the Employer, acting through the Retirement Corporation as its duly authorized agent, said Beneficiary may elect to receive a lump -sum in lieu of installment payments. b. Prior to Distribution. In the event of the death of the Employee prior to the distribution, the funds and assets of the Deferred Compensation Account shall be paid in accordance with one of the methods described in subparagraphs a, b, c, or d of Paragraph 6 hereof. The selection of said method shall be made by the Employer acting through the Retirement Corporation as its duly authorized agent. 9. Payment Dates. Payments shall commence on the first day of the month, following the attainment of the designated age, or tater, on the first day of the month after the end of his employment agreement, if Employee continues in the employ of the Employer after he attains the designated age, or likewise following permanent disability, or death; and, in the case of installment payments, shall be made continuously thereafter on the first day of each succeeding month, or, in the event quarterly, semi-annual, or annual payment installment periods are applied, then continuously thereafter on the first day of each succeeding month which begins the time period (quarterly, etc.) involved until such time. as the Deferred Compensation Account is depleted in its entirety. 10. Disbursing Agent. The Retirement Corporation shall act as agent of the Employer for purposes of disbursing cviyments. The ultimate obligation for making such payments, however, shall remain with the Employer. 11. Accumulation During the Distribution Period. During the period of distribution, the Employee or his beneficiary or beneficiaries, nominee or estate, as the case may be, shall continue to be credited with all the interest, accumulations, and increments on the undistributed funds and assets in the Deferred Compensation Account, until such Account is depleted in its entirety. 12. Section 1. Termination of Employment. Upor, termination of the Employees services, for any reason other than death, the funds, assets, and accumulations in the Deferred Compensation Account shall not be transferred to an account with a new employer of the Employee, and, instead, they shall remain in the original Account as assets of the old Employer until such time as they are distributed in accordance with the provisions of this Plan, except as provided in Section 2 of this Paragraph. Section2. Transfer of Employment with Consideration Between Employers—Tripartite Agreement. In the event the Employee accepts employment with a new employer participating in the ICUTA-RC Deferred Compensation Plan, then, if the past Employer finds that it has no present or future need of the funds, assets, and accumulations in the said Account for the payment of its general creditors or for any other purpose whatsoever, in consideration of its desire to avoid the continuing expense of maintaining records, and receiving, examining, verifying and filing annual reports of the Retirement Corporation, and in' consideration of avoiding the possible future expeses of litigation of Employee's continuing contractual rights to payment of deferred compensation on his retirement as herein provided in t e event of any possible future revocation zinc! withdrawal by i:c Iros: Employer of the funds, assets, and accumulations in the said cc�..��t, the mist Employer may, at its: discretion, authorize theRetirement:::.:destres,to:set aside: periodic amounts equal to the percentage or Corporation, as its agent, to propese to the new Employer that the amount of total periodic compensation deferred; fords, assdts, and accumulations of the said Account betransferred WHEREAS, the funds set aside, together with any and all to the ownership, control, and right. of withdrawal of thenavyinvestments- thereto, are to be exclusively within the dominion, Lmployar, and to do so in the event the new Employer, in control, and ownership of the Employer, and subject ro the considere16on of the increased value of the Employee's services by Employer's absolute right of withdrawal, the Employer_ having no r_=asan of the experience gained while in past employment, agrees interest whatsoever therein; to accept same, and the respective Employers anti the Employee sign an appropriate form of Agreement in which the new Employer also agrees to assume the continuing contractual liability to pay d=eferreff compensation so transferred upon retirement of the Employee and the Employer. releases the past Employer from said continuing obligation to do same. 13. Loss. The Employer shall not be responsible for any loss due to investment or failure of investment of funds and assets in said Deterred Compensation Account nor shall the Employer be required to replace any loss whatsoever which may result from said investments. 14. Nonassignability of Deferred Compensation. The Employee during his lifetime shall not be entitled to commute, encumber, sell or otherwise dispose of his rights to receive deferred compensation payments 'provided for herein, and the right thereto shall be nonassignable and nontransferable. In the -event of any attempted assignment or transfer thereof, the Employer shall have no further liability under this Agreement. 15. Participation in other Employee Benefit Plans. Nothing herein contained shall in any manner modify,. impair, or affect the existing or future rights or shall in any manner modify, impair, or affect the e:astinn or future rights or interest of the Employee (a) to receive any erroloyee benefits to which he would otherwise be entitled, or Ib) as a participant in any future pension plan, it being understood that the rights and interests of the Employee to any employee benefit: or as a participant or beneficiary in or under any or all such plans respectively shall continue in full force and effect unimpaired, and the Employee shall have the right at any time hereafter to becor a beneficiary under or pursuant to any and all such plans. 16. D.r:ini:ions. The meaning of any term or terms, phrase, clause, or scraence used in this Agreement, which is also .used in the BV -La. -,s of the Retirement Corporation, shall be defined as these are def:nod in ARTICLE 11, Section 2 of the By -Laws. Masculine pronou-ii. whenever used herein, include the feminine pronouns, and singr,!ar includes the plural unless the context requires another mean:ng. 17. Validity of Agreement. This .Agreement shall not be valid or enforcP,b;- unless signed by an officer of Employer, authorized, by - the rgo:erning body of the Employer, as, for example, the City Council, and unless this Agreement is implemented by the execution of the Joinder Agreement. PART II. MASTER TRUST AGREEMENT AGREEMENT made by and between the aforenamed Employer and the International City Management Association Retirement Corporation (hereinafter the "Trustee" or "Retirement Corporation"). a nonprofit corporation organized and existing under thy laws of the State of Delaware, for the purpose of investing and otherwise administering the funds set aside by Employers in conn,,_tivn with Deferred Compensation Agreements with E mpi.hv gas. _ t:'H-_REAS, The Employer de sires to enter into agreements with its Eine;: yeas whereby its Employees agree to defer payments of specif: •d t:ercentages of or amounts from their total compensation as "d-- -,d compensation" is defined in said agreements until the _;-.';, 1:1 orris-• that cher^ will b i sufficient funds ivoi!ab!e ro d- th, tun:y ,:ng conr:aaaal obligations, the Employer NOW, THEREFORE, this Agreement vvitnesseth that (a) the Employer will pay monies to the Trustee to be placed in deferred compensation accounts for the Employer; (b) the Trustee covenants that it will hold said sums, and any other funds wlveh it may receive hereunder, in trust for the uses and purposes and upon tire tams and conditions hereinafter stated; and (c) the parties hereto agree as follows: ARTICLE 1. General Ditties of the Parties. Section 1.1 General Duty of the Employer. The Employer shall make regular periodic payments equal to the percentages of or amounts from its participating Employees' total periodic compensations which are deferred in accordance with the terms and conditions of Deferred Compensation Employment Agreements with such Employees, or with any subsequent modification thereof. Section 1.2. General Duties of the Trustee. The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust Funds which are transferred to it as successor Trustee by the Employer from existing deferred compensation arrangements with its Employees which meet the same Internal Revenue Code requirements which govern the ICMA-RC D^ferred Compensation Plan. Such Trust Funds shall be subject to all of the terms and provisions of this Agreement. ARTICLE II- Powers and Duties of the Trustee in Investment, Administration, and Disbursement of the Trust Fund. Section 2.1 Investment Powers and Duties of the Trusted. The Trustee shall have the power in its discretion to invdst and reinvest the principal and income of the Trust Fund and keep the Trust Fund invested, without distinction between principal and income, in such securities or in other property, real or pe ,anal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds, retirement annuity and insurance policies, mortgages, and other evidenrr% of indebtedness or ownership, and in common trust :unds of np roved financial or investment institutions, with such ii.s-,itutions acl.rig as Trustee of such common trust funds, or separate and different types of funds (accounts) including equity, fixed-incom, and those which fulfill requirements of state and local governmental laws, established with such approved financial or investment institutions. For these purposes, this Trust Fund may be commingled with others established by the Trustee under this form of agreement with other Employers. In making such investments, the Trustee shall not be subject at any time to any legal limitation governing the investment of such funds. Investment powers and investment discretion vested in the Trustee by this Section may be delegated by the Trustee to any bank, insurance or trust company, or any investrn,-nt advisor, manager or agent selected by it. Section 2.2. Administrative Powers of the Trustee. The Trustee shall have the power in its.discretion: (a) To purchase, or subscribe for, any securities or other property and to retain the sunhe in trust. (b) To sell, exchange, convey, transfer or t! spore of any securities or other property held b•: by pnvate contract, or at Public auction. NO person cstop•; •,,,:h the Trustee shall be bound to see Ile application n: the t•:,rcnasa Employer may, at its discretion,- .authorize the Retirement- desires to --set`. aside -periodic amounts equal to the percentage or Corporation, as its agent, to propose to the new Employer that -the amount of total periodic compensation deferred; - funds, assets, and accumulations of the said Account be transferred to the ownership, control, and right of withdrawal sof the new - -.WHEREAS,. the fundsset aside, together with any and all investments thereto, are to be exclusively within the dominion, Employer, and to do so in the event the new Employer, in consideration of ;he increased value of the Em to ee' control, and ownership of the Employer, and subject to the Employee's y s services by Employer's absolute right of withdrawal, the Employee having no -r:ason of the experience gained while in past employment, agrees interest whatsoever therein; to accept same, and the respective Employers and the Employee si,tn an appropriate form of Agreement in which the new Employer also agrees to assume the continuing contractual liability to pay deferred compensation so transferred upon retirement of the Employee and the Employee releases the past Employer from said continuing obligation to do same. 13. Lesses. The Employer shall not be responsible for any loss due to investment or failure of investment of funds and assets in said Defem, d Compensation Account nor shall the Employer be required to re; •lace any loss whatsoever which may result from said investments. 14. Nonassignability of Deferred Compensation. The Employee durinu his lifetime shall not be entitled to commute, encumber, sell or otherwise dispose of his rights to receive deferred compensation payments provided for herein, and the right thereto shall be ronassignable and nontransferable. In the event of any attempted assignment or transfer thereof, the Employer shall have no further liability under this Agreement. 15. Pay,icipation in other Employee Benefit Plans. Nothing herein contained shall in any manner modify, impair, or affect the existing or future rights or shall in any manner modify, impair, or affect the existing or future rights or interest of the Employee (a) to receive any employee benefits to which he would otherwise be entitled, or (b) as a participant in any future pension plan, it being understood that the rights and interests of the Employee to any employee benefit; or as a participant or beneficiary in or under any or all such plans a ,pectively shall continue in full force and effect unimpaired, and the Employee shall have the right at any time hereafter to become a beneficiary under or pursuant to any and all such plans. 16. Definitions. The meaning of any term or terms, phrase, clause, or senteno': used in this Agreement, which is also used in the 6y -La -.%s of the Retirement Corporation, shall be defined as these ate dal:ned m ARTICLE 11, Section 2 of the By -Laws. Masculine pronouns, whenever used herein, include the feminine pronouns, and tha singular includes the plural unless the context requires a nothe, meaning. 17. Validity of Agreement. This Agreement shall not be validor enforceable. unless signed by an officer of Employer, authorized. by the go•nrning body of the Employer, as, for example, the City Council, and unless this Agreement is implemented by the execution of the Joinder Agreement. PART II, MASTER TRUST AGREEMENT AGREEMENT made by and between the aforenamed Employer and the international City Management Association Retirement Corporation (hereinafter the "Trustee" or "Retirement Corporation"), a nonprofit corporation organized and existing under the laves of the State of Delaware, for the purpose of investing and otherwise administering the funds set aside by Employers in connection with Deferred Compensation Agreements with E mpl w, Res. WHEREAS, The Employer desires to enter into agreements with its Empluyees whereby its Employees agree to defer payments of specifi;-d percentages of or amounts from their total compensation as "0,,f�rrerl compensation" is defined in said agreements until the 1'Ccr7 ,.:• of certain e`rents; =+S. m order that there will W_ sufficient funds available to a,;.... ,. tb� fon,goi:r;I conlryctual oblig:rtions, the Employer NOW, THEREFORE, this Agreement witnesseth that (a) the Employer will pay monies to the Trustee to be placed in deferred compensation accounts for the Employer; (b) the Trustee covenants that it will hold said sums, and any other Funds which it may receive hereunder, in trust for the uses and purposes and upon the terms and conditions hereinafter stated; arid (c) the parties hereto agree as follows: ARTICLE 1. General Duties of the Parties. Section 1.1 General Duty of the Employer. The Employer shall make regular periodic payments equal to the percentages of or amounts from its participating Employees' total periodic compensations which are deferred in accordance with the terms and conditions of Deferred Compensation Employment Agreements with such Employees, or with any subsequent modification thereof. Section 1.2. General Duties of the Trustee. The Trustee shall hold all funds received by it hereunder, which, together with the income therefrom, shall constitute the Trust Funds. It shall administer the Trust Funds, collect the income thereof, and make payments therefrom, all as hereinafter provided. The Trustee shall also hold all Trust Funds which are transferred to it as succt:ssor Trustee by the Employer from existing deferred compensation arrangements with its Employees which meet the same Internal Revenue Code requirements which govern the ICMA-RC Deferred Compensation Plan. Such Trust Funds shall be subject to all of the terms and provisions of this Agreement. ARTICLE IL Powers and Duties of the Trustee in Investment, Administration, and Disbursement of the Trust Fund. Section 2.1 Investment Powers and Duties of the Trustee. The Trustee shall have the power in its discretion to invest and reinvest the principal and income of the Trust Fund aril kttap the Trust Fund invested, without distinction between principal and income, in such securities or in other property, real or personal, wherever situated, as the Trustee shall deem advisable, including, but not limited to, stocks, common or preferred, bonds, retirem-nt annuity and insurance policies, mortgages, and other evidences of indebtedness or ownership, and in common trust funds of approved financial or investment institutions, with such institutions acting as Trustee of such common trust funds, or separate and different types of funds (accounts) including equity, fixed-income, and t•`tose which fulfill requirements of state and local governrnental-lavvs, establ,shed with such approved financial or investment institutions. For these purposes, this Trust Fund may be commingled with others established by the Trustee under this form of agreement with other Employers. In making such investments, the Trustee shall not be subject at any time to any legal limitation governing the investment of such funds. Investment powers and investment discretion vested in the Trustee by this Section may be delegated by the Trustee to any bank, insurance or trust company, or any investment advisor, manager or agent selected by it. Section 2.2. Administrative Powers of the Trustee.. The Trustee shall have the power in its discretion: (a) To purchase, or subscribe for, any securities or other property and to retain the same in trust. Ib) To sell, exchange, convey, transfer or otherndse cFspose of any securities or other property held by, u, by pnvite contract, or at public auction. No person c=.v•.%Jtii the Trustee shall be bound to see the application a::f,r purchase (c) To yore upon any stocks, bonds, or other securities; to `, '^'u E, on oy tmpioyer. The Trustee may rely upon any certificate, notice or direction purporting to have give r_r.eral or special proxies or powers of attorney with or been signed on behalf of the Employer which the Trustee believes to wit 10ut power of substitution; to exercise any conversion have been signed by a duly designated official of the Employer. No mMieyes, subscription rights, or other options, and to make communication shall be binding upon any of the Trust Funds or any payments incidental thereto; to oppose, or to consent to, Trustee until the " Y -ire received by the Trustee, or otherwise participate in, corporate reorganizations or other changes affecting corporate securities, and to delegate Section 3.2. Advice of Counsel. The Trustee may consult •rtith discretronary powers, and to pay any assessments or charges any legal counsel with respect in the cunstruc;ion of this Agreement, its duties hereunder, or any act, which it prortuses to in connection therewith; and generally to exercise any of the pot^:ers of an owner with respect to stocks, bonds, securities take or omit, and shall not be liable For any action taken or o�:ritted or other property held as part of the Trust Funds. in good faith pursuant to such advice. 1ff) To cause any securities or other property held as part of the Trust Funds to be registered in its own name, and to hold any Investments in bearer form, but the books and records of tha Trustee shall at all times show that all such investments are a part of the Trust Funds. (e) To borrow or raise money for the purpose of the Trust in such amount, and upon such terms and conditions, as the Trust?e shall deem advisable; and, for any sum so borrowed, to issue its promissory note as Trustee, and to secure the re, ayruent thereof by pledging all, or any part, of the Trust Funds. No person lending money to the Trustee shall be bound to see the application of the money lent or to inquire into its validity, expediency or propriety of any such barroviing. (f) To keep such portion of the Trust Funds in cash or cash balances as the Trustee, from time to time, may deem to be in the best interests of the Trust created hereby, without liability for interest thereon. Ig) To accept and retain for such time as it may deem advisable any securities or other nroperty received or ac(;uir•d by it as Trustee hereunder, avhether or riot such s_curilies nr ether property would normally be purchasedas In VFSUtlents hereunder. (h) To stake, execute, acknowledge, and deliver any and all docwTvents of transfer and conveyance and any and all other iiittruments that may be necessary or appropriate to carry oat the powers herein granted. (i) To settle, compromise, or submit to arbitration any da•;ns, debts, or damages due or owing to or from the Trust Fund;; to commence or defend suits or legal or administrative proceedings; and to represent the Trust Funds in all suits dnd legal and administrative proceedings. (j) To do all such acts, take all such proceedings, and exercise all sucn rights and privileges, although not specifically mentioned herein, as the Trustee may deem neces--,ry to administer the Trust Funds and to carry out the Inirp-_+ses of this Trust. Section 2.3. Distributions from the Trust Funds. The Employer h:reby appoints the Trustee as its agent for purposes of selecting the method by which distributions from the Trust Funds are to be rnadl�, ,s vriell as for purposes of making such distributions. In this renard ',le berms and conditions sat forth in the Agreements to be exerut,"d between the Employer and its Employees, and any suit "t:; end modifications th::reol, are to guide and control the i r: - :-s pov:e r. �:Iion 2.4. Valuation of Trutt Funds. At least once a year as of b•-r!r�a!i:.r, Dates designated by the Trustees, the Trustee shall tine_ value of the Trust Funds. Assets of the Trtr,t Funds sial' I. calu^d at their md•rkat veto at un close of business on the V"'- or, it the aro;Once of readily ascertainab!e market v .. • Trustee shat' r;E.roimine, in accordance tvit)t methods Section 3.3. Miscellaneous. Tile Trustee shall use ordinary care and reasonable diligence, but shall not be liable for any mistake of judgment or other action taken in good faith, The Trustee shall not be liable for any loss sustained by the Trust Funds by reason of any investment made in good faith and in accordance with the provisions of this Agreement. The Trustee.•s duties arid obligations shall be limited to those expressly imposed upon it by this agreement, notwithstanding any reference of the Plan. ARTICLE IV. Taxes, Expenses and Compansation of Trustee. Section 4.1 Taxes. The Trustee shall deduct trom and charge against the Trust Funds any taxes on the Trust Funds or the income thereof or which the Trustee is required to pay with respect to the interest of any person therein. Section 4.2. Expenses. The Trustee shall deduct from any charge against the Trust funds all reasnnabla expens. s incurred by the Trustee in the administration of the Trust Funds, including counsel, agency and other necessary fees. ARTICLE V. Settlement of Accounts. The trustee shall keep accurate and detailed 1cc0ur1r5 of all inv.rstrnenrs, rec•tipts, di;bursements, and other tranciclions hereunder. Within. 90 days after the close of each hsc,,t y:rar, the Trustee shall render in duplicate to the Employer an account of its m=>s and transactions as Trustee hereunder. If any part o: the Trust Fund shall be invested through the medium of any common, roll.-cllve. or commingled Trust Funds, the last annual report o•` •:ucr: Tr,�st Fund, shall be submitted with and mrorpurated in Ilia ❑r:wtn•t_ If within 90 days after the mailing of the account or any amended account the Employer has not filed with line;usdee notice of any objection to any act or transaction of the. Trustae, the account or amended account shall become an account ;at'd. I f any objection has been filed, and if the Employer i, satisfied ;hat it should be withdrawn or if the account is adjusted to the Emntow_r's satisfaction, the Employer shall in writing filed with the Trustee signify aoproval of the account and it shall become in account stated. When an account becomes an account stated, such account shall be finally settled, and the Trustee shall be completely jischarged and released, as if such account had he"n settled and ailcwed by a judgment or decree of a court of annpetent jurisdlction in an action or proceeding in which the Trustee and the Employer wkre parties. The Trustee shall have the right to auply at any time^ to a court of competent jurisdiction for the judicial settlement of rs cccounit. ARTICLE VI. Resignation and Removal of Trustee. Section 6.1. Resignation of Trustee. The Trustee rnav ri•sign a; any time by filing with We Empicyer its t•,ritwo reiirnaiton. Such resignation shall take effect 6o days from th= date of such filing aid upon appointment of a sueces;or pursuant to Seenor. Si. s, �•:'dch+ver shall first occur. Section 6.2. Removal of Tnrstae. Ttn: Emil!-,; n r,.mot;e the Trustee at any tir^.e by dolivering to the l ruse a ,.,.,. %-- , nodi•• Srction 6.3. Appointment of Successor Trustee. The appoi tinant of a successor to the Trustee shall take effect upon. the cL•livery to the Trustee (a) an instrument in writing executed by the Ev,pl,,yer appointing such successor, and exonerating such successor from 'cability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein ,,with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If n successor is not appointed within 60 days after the Trustee gives notice of its resignation pursuant to Section 6.1, the Trustee may aoply to any court of competent jurisdiction for appointment of a successor. Sertion 6.4 Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has leen properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII, Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shallcontinue for such :ime as may be necessary to accomplish the purpose for which it was created but may be terminated or revoked at any time by the Employer as it relates to any and/or all related participating Employees. Written notice of such termination or revocation shall be liven to the Tntstee by the Employer. Upon termination or distribution date to any and/or each Employee with v,hom the Employer has entered into a Daferred Compensation Employment Agreement. Section 7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. ARTICLE Vlll. Miscellaneous. Section 8.1. Laws of the State of Delaware to Govern. This agreement and the Trust hereby created shall be. construed and regulated by the laws of the State of Delaware. Section 8.2. Successor Employers. The term "Employer" shat) include any person who succeeds the Employer and who adopts the Deferred Compensation Plan of the Retirement Corporation and becomes a party to this agreement with the consent of the Trustee. Section 8.3. Withdrawals. The Employer may, at any time, and from time to time, withdraw a portion or all of the Trust Funds created by this Agreement and related Deferred Compensation Employment Agreements. Section 8.4. Definitions. Definitions in the By -Laws of terms, phrases, etc., used herein apply to the same herein, The masculine includes the feminine and tho singular includes the plural unless the context requires another meaning. of its removal and an appointment of a successor. pursuant -to -revocation-of this Trust, all: of the assets thereof shall return to and Section 6.3. Such removal shall not take effect prior to 60 days revert to the Employer. Termination of this Trust r l shall from such delivery unless the Trustee agrees to anearliereffectiv=e however, relieve the Employer of the Employer's not, continuing - cfate. - - - obligation to g 'pay deferred compensation upon the - applicable - Srction 6.3. Appointment of Successor Trustee. The appoi tinant of a successor to the Trustee shall take effect upon. the cL•livery to the Trustee (a) an instrument in writing executed by the Ev,pl,,yer appointing such successor, and exonerating such successor from 'cability for the acts and omissions of its predecessor, and (b) an acceptance in writing, executed by such successor. All of the provisions set forth herein ,,with respect to the Trustee shall relate to each successor with the same force and effect as if such successor had been originally named as Trustee hereunder. If n successor is not appointed within 60 days after the Trustee gives notice of its resignation pursuant to Section 6.1, the Trustee may aoply to any court of competent jurisdiction for appointment of a successor. Sertion 6.4 Transfer of Funds to Successor. Upon the resignation or removal of the Trustee and appointment of a successor, and after the final account of the Trustee has leen properly settled, the Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII, Duration and Revocation of Trust Agreement. Section 7.1. Duration and Revocation. This Trust shallcontinue for such :ime as may be necessary to accomplish the purpose for which it was created but may be terminated or revoked at any time by the Employer as it relates to any and/or all related participating Employees. Written notice of such termination or revocation shall be liven to the Tntstee by the Employer. Upon termination or distribution date to any and/or each Employee with v,hom the Employer has entered into a Daferred Compensation Employment Agreement. Section 7.2. Amendment. The Employer shall have the right to amend this Agreement in whole and in part but only with the Trustee's written consent. Any such amendment shall become effective upon (a) delivery to the Trustee of a written instrument of amendment, and (b) the endorsement by the Trustee on such instrument of its consent thereto. ARTICLE Vlll. Miscellaneous. Section 8.1. Laws of the State of Delaware to Govern. This agreement and the Trust hereby created shall be. construed and regulated by the laws of the State of Delaware. Section 8.2. Successor Employers. The term "Employer" shat) include any person who succeeds the Employer and who adopts the Deferred Compensation Plan of the Retirement Corporation and becomes a party to this agreement with the consent of the Trustee. Section 8.3. Withdrawals. The Employer may, at any time, and from time to time, withdraw a portion or all of the Trust Funds created by this Agreement and related Deferred Compensation Employment Agreements. Section 8.4. Definitions. Definitions in the By -Laws of terms, phrases, etc., used herein apply to the same herein, The masculine includes the feminine and tho singular includes the plural unless the context requires another meaning. RESOLUTION NO. 74-537 RESOLUTION AUTHORIZING TIIE REMOVAL OF CERTAIN PARKING METERS ON DUBUQUE STREET WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interest and in the interest of traffic safety, to remove the four metered parking spaces immediately south of said entrance as far as the intersection of Burlington and Dubuque Streets, WHEREAS, the Ordinances of the City of Iowa City, Iowa, provide that the City Council may remove such meters and meter zones by Resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF IOWA CITY, IOVIA, as follows: 1) that four metered parking spaces immediately south of said entrance as far as the intersection of Burlington and Dubuque Street be removed 2) That the City Manager is hereby authorized and directed to take all steps necessary to carry out the provisions of this Resolution, to remove four metered parking spaces in said area. 3) That this Resolution shall be in effect after the removal of said parking meters. It was moved by Davidsen and seconded by White that the Resolution as ;-n-aA be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt X Czarnecki X Davidsen X deProsse X White Passed and approved this 10th day of December 1974. ATTEST to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL. 1. That the Mayor and City Clerk are hereby authorized and directed Tri-State Aero Engineering Company to execute the Agreement with for photomapping, cost not to exceed �zu,uuu. 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by Brandt and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt Czarnecki Davidsen deProsse White Passed and approved this 10th day of December 19 74 �/� 0�il�./L� mac_/ ATTEST:! City.. Clerk This Agreement, made and entered into this day of _December 19 Z4, by and between the City. of Iowa City, a municipal corporation, hereinafter referred to as the City and Tri-State Aero Engineering Company doing business as Aerial Mapping Consultants with main offices at Bettendorf. Iowa hereinafter referred to as the Consultant. NOW THEREFORE, it is hereby agreed by and between the parties hereto that the City does hereby retain and employ the said Consultant to act for and represent it in all engineering matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to -wit: 1) Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a) To discharge from employment or refuse to hire any individual because of his race, color, religion or national origin. b) To discriminate against any individual in terms, conditions or .privileges of employment because of his race, color, religion or national origin. 2) The Consultant shall assist in the preparation of notice to contractors and shall provide assistance in the preparation of plans and specifications for prospective bidders, -if any construction be the end product of this Agreement: -It-is further agreed that the end product of this Agreement shall be determined at the time of signing of this Agreement and entered hereon. The.end product of this Agreement is agreed to be and include, to -wit: A. Basic Services 1. Photomapping of Ralston Creek and Willow Creek drainage basins on 24" x 36" 3 mill mylar at scale of 1 to 100 with a 2 -foot contour interval. Mapping to -be done from -photos -taken under a previous agreement. 2. Photomapping of Iowa City on 24" x 36" 3 mill mylar at scale of 1 to 50 with 1 -foot contour interval on an as required basis. Said description to be referred to hereafter as, "The i'roject". 3) The City shall provide the services"'of a competent attorney, experienced in legal matters pertaining.to the -type -of work required'by the Project. The Consultant shall 'and assist said attorney and shall comply with 811 reasonable requests made by said attorney during the course of discharge of his duties as attorney for.the City. 4) . The Consultant shall complete the required photo -mapping services per the following schedule: a. Willow Creek - Preliminary Manuscripts by December 1, 1974 b. Ralston Creek - Preliminary Manuscripts by March 15, 1975 c. All services under this contract by May 15, 1975. 5) Should the City abandon the Project before the Consultant shall complete the work contemplated by -this --Agreement;. said Consultant shall be paid on the basis of direct hourly: -rates as herein attached for the various classes of personnel actively engaged on the project for all -work completed and for all work -.-id services performed up to the time of termination. It is further agreed that upon 30 days notice, either party may terminate this Agreement, but such termination does not indicate or release either party from any rights or legal actions they may have as a result of such termination. 6) .This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto. Provided, however, that no assignment shall be made without the written consent of all parties to said Agreement. 7) It is understood and agreed that the employment of the Consultant by the City for the purposes of said Project shall be exclusive, but the Consultant shall have the right to employ such assistants as may be required for the performance of the Project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. 8) The Consultant, upon request of the City, hereby agrees to furnish a resident project representative in order to provide more extensive representation at the Project site during the construction phase. a. None 10)' Consultant further agrees to furnish the City with a list of all employment positions expected to be required to perform resident engineering pursuant to this Agreement including the hourly rate of pay budgeted for such employment. 11) It is agreed by the City that all records and files pertaining to information needed for said Project will be made available by said City upon request of the Consultant. The City further agrees to furnish all reasonable assistance in the use of these records and files. 12) It is further agreed that no party to this Agreement will be required, nor will perform contrary to any State, Federal or County law or any of the ordinances of the City of Iowa City, Iowa. 13) It is further agreed that in the event of any disagreement as to the meaning or scope of this Agreement that cannot.be worked out to the mutual satisfaction of both parties concerned, ,the disagreement shall be referred to a three member Arbitration Panel with one member selected by the City, one selected by the Consultant and' the `third to be selected by the two Arbiters. Each party will be finally and fully bound by the decision of the Arbitration Panel and said panel shall have full authority to allocate the costs of such arbitration between the parties. Nothing herein shall be construed as preventing subsequent appeal to a Court of law from the decision of the Arbiters but such costs and expenses of said appeal shall be borne by the appealing party. 14) The Consultant shall assist and where reasonably required by the attorney for the City or the Manager of the City, be present for any preparation of, letting or analysis of contracts dealing with said Project. Any requirements made by the above named representatives of the City shall be given with reasonable time to appraise the Consultant so that he may attend. Such requests shall be made in writing to the Consultant. 15) Said Consultant shall exercise general services in the administration of all construction contemplated by the Project. 16) The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic survey notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without the cost and without restriction or limitation as to their use. 17) Consultant agrees to furnish all plans of engineering with the seal of a professional engineer affixed thereto where such seal is required by law. ■ ■ ngraemnn� /J 18) The City agrees to tender to the Consultant all fees and money in accordance with the sc: ule:that follows except' that failure by the Consultant to satisfactorily perform in'accordance .with 'this*Agreement 'shall constitute grounds for the 'City to withhold payment in an amount sufficient to properly complete the Project inaccordancewith this Agreement. 19) Should any sectiop of this contract be found to be invalid it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 20) The City agrees that should said City require any changes in the basic project as described herein, after the plans and specifications have been approved by the City, the City will pay said Consultant on the basis of direct hourly rates as herein attached for the various classes of personnel actively engaged on the project. Said changes, after said final approval being described in a written Agreement signed by.all parties or their representatives that are parties to this Agreement. Said Agreement as to changes shall definitely and distinctly refer to this Agreement and incorporate same by a reference therein. Itis understood that "changes" is defined to mean a basic change in the description or intent of the Project as hereinbefore described. 21) The City further agrees that should said City extend the completion date beyond the date specified herein, the Consultant shall be entitled to receive. his actual costs incurred beyond such limit. 22) Actual cost for the purpose of this contract shall be defined as materials cost, plus actual payroll cost, social security and retirement deduction. Said Consultant shall, upon demand, furnish receipts therefore or certified copies thereof. 23) All traveling expense incurred while specifically dealing with this Project by the Consultant shall be paid by the City at actual cost. Said Consultant shall, upon demand, 'furnish receipts therefore or certified copies thereof. 24) The City hereby agrees to pay for the services stipulated herein on the basis of the following fees: a. Mapping on 24" x 36" 3 mill mylar at -scale of 1 to 100 with 2 -foot contour interval: 1. Rural - $2.60 per acre 2. Urban - $3.75 per acre Total billing for Ralston Creek and Willow Creek Watersheds shall not exceed $20,000.00 b. Mapping on 24" x 36" 3 mill mylar at scale of 1 to 50 with 1 -foot contour interval on an as required basis: 1. Rural - $7.00 per.acre 2. Urban - $12.00 per acre 26) All provisions of this Agreement where not specifically defined otherwise shall be reconciled in accordance with the highest ideals of the engineering profession and the Code of Ethics therefore, as set forth in the 1972 Suggested Guide for the Selection and Compensation of.Consulting Engineers and Land Surveyors published by the Iowa Engineering Society. The undersigned do hereby covenant and state that this contract is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced to writine irk this instrument. It is further covenant and stated that there are no other considerations or monies contingent upon'or resulting from the execution of this Agreement nor have any of the above been implied by or for any party to this Agreement. FOR THE CITY: FOR THE CONSULTANT: Mayor,, City.- of Ira City President Attest:, City Clerk Attest: . 1 1 <. ` 7 of the Iowa City Police Department elect to have Iowa City Police Patrol- men's Association represent them for purposes Of collective bargaining with the City of Iowa City, Iowa. THE RESULTS OF THE ELECTION ARE AS FOLLOWS: C NUMBER OF ELIGIBLE EMPLOYEES: NUMBER OF ELIGIBLE EMPLOYEES ACTUALLY PARTICIPATING IN ELECTION:��,/� PERCENTAGE OF ELIGIBLE EMPLOYEES PARTICIPATING IN ELECTION: NUDfBER OF ELIGIBLE EMPLOYEES REQUIRED TO CARRY THE ELECTION IN FAVOR OF THE UNION PURSUANT TO ELECTION AGREEMENT PROVISIONS: NUMBER VOTING "YES FOR ICPPA": NUMBER VOTI,NTG "NO FOR UNION": Q This is to certify that the information on this sheet is accurate and that the election was conducted by me at the request of both the Iowa City Police Department and Iowa City Police Patrolmen's Association. NAME: TITLE DATE : ADDRESS : 6� December 1, 1974 City Council City of Iowa City Civic Center Iowa City, Iowa Re: Davis Building -- Gilbert at Washington Streets Damage caused by Gilbert St, Paving Program Members of the City Council: My firm has had no reply to the attached letter dated August 111, 1974. We ask that the City Council direct payment of this claim. To refresh memories of this situation -- the front entrance of the Meeks Barber Shop was left 3011 above the ground level after the paving program was completed. I had to construct a set of steps, a platform and install a hand railing in order to gain access to this business entrance. The top of the concrete base of the light standard adjacent to this entrance was the original ground level. This light standard base is now 3011 above the ground. Since this problem was created by the City, my firm is asking the city to pay for its correction. Sincerely yours, Washington Park Inc. by &44t- 12 President 601 So. Gilbert St. Iowa City, Iowa DEC 21974 ABBIF- STQLFUS CITY CLERK J i t 4 ^t Ztreet. George Bonnett, _ r t 4 C.,;;to , the ,attention' of the t December•16, 1974 1 a � - - y J Ve . tru] • urs 4 III '" n A • a s - 1� :-Denni9_:.R. Kraft. +;Acsting City Manager . Mr. ,Sruoe - Glaisgow 601 S. Giliae�t 3t. Iowa `Citp;.Rfoora '5.622 z � ` _ Dear Mr. Owl:.. la . At its regular:: _ _ .of Iowa City ot'fiaia conaerw:ngftheaPavia the '_City, 8nginaer', w TThannk`'=you ;for : b Cit COunddr- Y i s{ r L } F{jtiy n n f E> H ry K.�•j s r t Y R_ DRK:li�4 -� � 1 r > t - - - _ Z r _ i > T- 3 _ � F • x - - f y t i i` iJ t �A ., .. till. �'ec rT ,✓.,. �'l J t ` ^t Ztreet. George Bonnett, nl r 4 C.,;;to , the ,attention' of the - F — December•16, 1974 1 a � - - y J Ve . tru] • urs 4 n w a r -'iv j ly I'A T.ne:.- l:1Ly L;D=c3..L laced on�file:"your letter- ` ^t Ztreet. George Bonnett, wJyou on this; matter. C.,;;to , the ,attention' of the December•16, 1974 r -'iv j ly I'A T.ne:.- l:1Ly L;D=c3..L laced on�file:"your letter- ` ^t Ztreet. George Bonnett, wJyou on this; matter. C.,;;to , the ,attention' of the a � - - J Ve . tru] • urs 4 n w a .! 1� :-Denni9_:.R. Kraft. +;Acsting City Manager . z � ` tl la ' Y t L } F{jtiy n n f E> H ry K.�•j s r To George Bonnett City Engineer City of Iowa City Civic Center Iowa City, Iowa Re: Gilbert Street Paving Program Davis Building Subject: During the paving Program on Gilbert Street, the grade on Gilbert East of the Davis Building was lowered. At the intersection of the Post Office alley and Gilbert Street, the sidewalk had to be lowered to meet the alley grade. - The entrance to one of the rental spaces in the Davis Building was left several feet hight. It had been at sidewalk grade. In order to utilize this entrance, we had to construct a platform with several steps and then had to install a railing around the platform to insure safety. The entire cost of this project was: Platform and steps - $359.52 Railing -- 77.25 $436.77 We ask that this amount be paid to the owners of the Davis Building, Washington Park In c., 601 So. Gilbert St., IowaCity, Iowa. For further information, contact me at 351-3234. Since /jyouurs,s Ce H. Glasgow Pres. Washington Park Inc. 605 Whiting ave. Iowa City, IOWA 52240 Tel. 319-351-3495 ■ ; ovenber 27, 1974 The_ionorable Edgar R. Czarnecki - 1 `a,yor of Iowa City Civic Center -so-,.-Ta City, Iowa 52240 Dear ayor Czarnecki, On Behalf of the Board of Trustees and the staff of the Irnra City Public Library, I would like to extend our cordial invitation to you. and the other menbers of the City Council to join us in a tour of the libran,, Januar-y 12, 1975 at 1:30 P.;•-.. `t is our Hope that we can acquaint you even more fuller ti�_an most of you already are with the inner workings of our library. Evert those of you i -ho are frequent visitors may not have had the op- portunity to view what goes on behind the scenes. To keep -'I-,e thousands of items that are constantly ti circulated moving in an out of the building requires a smooth and efficient operation that is not ordinarily urderstooci or seen by a patron either checking out materials or one who is using tl_e library for re- search or recreational reading. All of us sincerely hope that you will be able to be wit, us on that Sunday afternoon and that we will be riven the opportunity to answer any questions you may have concerning the operation arnJ administration of our library. ie shall look for;yrard to seeing 1,ou at that time. Sincere',,•- «ours, "Darren J. Buchan) cc/ :;s. Lolly Ef;gers NATIONAL FEDERATION OF PRESS WOMEN - NATIONAL LEAGUE OF AMERICAN PEN WOMEN. INC. THE NATIONAL WRITERS CLUB. - �`1 ifr f -11 Iry ¢i i December, 16-,1974 t. ;fir k a> �`Y S t .yam df _ City Council, Yam:happy'to theyLibrazy on;January,12, 1975, fbiuicil 'as :'thei r: schedules allow 4.4 l r you onttha 12t1a: "R f fSincerely, - K _ r;`Ldgar. Czarnecki ` 1 3 j ,r •:y\ f Y 5 r r` i l 1 _ Y JIfY�i(�3 - r.r - t r 1 1 FA IOWA CITY;;ASSOCIATIOW OF f't'- PROFESSIONAL-FIRE PROFESSIONALFIRE FIGHTERS 'LOCAL 610 November 20, 1974 M Ilk .J ! aaembar 16,"`1474 Y e' . 5 r. r le �.'. h 1 T t 1 4 1974x, the City;; Council of w, file Your request for .. szBelief it- Ballo-.; The--Couaci:l, tual -F'irefighter's , Benefit,' therefor: : ti- my truly yours, 1 Y•. i b' 1 Y snninuR. r'raPt `Cit Y- ' -ting:: ` Mana r 1 _ - J ! s •�S' Tl SJ _ i1 { r r {x t y tS t z; �yzc - •, Y -�•:�' y�ell Y n Y.r slit pay 'ftfabachel DTTwwaeas�c�e7.7 _��:' {Q{saijri�ei Pighti a - _ Civic; ter` Zova�City,yZ< '1t its Io�a'Ckt oif iparmiasioneV _ � 1� 4r�'�sd xBemj Hall'oa?Dray-;;. _ Befit O { 4 i a a { =u Y s f z F = � h _ y t _ 1� - 5 t S F - C A4 p' r t—mw _ _ 4 1 µ 3 { Z T ... _. ..= a .. .- Yom..,. --_.•- Ilk .J ! aaembar 16,"`1474 Y e' . 5 r. r le �.'. h 1 T t 1 4 1974x, the City;; Council of w, file Your request for .. szBelief it- Ballo-.; The--Couaci:l, tual -F'irefighter's , Benefit,' therefor: : ti- my truly yours, 1 Y•. i b' 1 Y snninuR. r'raPt `Cit Y- ' -ting:: ` Mana r 1 _ - J ! s K = 4 r r {x tS t z; i 4 Y -�•:�' y�ell Y z slit _ y t _ 1� i'_. S r IOWA CITY. IOWA 52240 Dec. 7, 1974 Steering Committee Office of City Manager Civic Center Iowa City, Iowa To the Steering Committee: The Community Development Committee of the League of Women Voters of Johnson County received your request for suggestions for setting priorities in Iowa City for the use of funds expected to be received by the City through the Housing and Community Development Act, 1974. This League Committee met on December 4 and is pleased to reply to your request with information that we hope will be helpful to you. The Lea;ue of Women Voters operates as an organization which takes positions on issues on the basis of a consensus of its membership. The priorities to meet community needs which Follow are based on general membership positions arrived at by consensus at an earlier date. We did not poll our general membership nor hold a general membership meeting since receiving your material. Early in 1974 when the City Council was setting priorities for the Capital Improvements Program, the League spoke to the issue before the City Council. The following items were those we in our committee felt had support of the membership. The items are not ranked in any part- icular order. The committee is pleased to see that in your list of "Possibilities" you have listed all of these as being among the community needs. It is the League's understanding that these items have at least some degree of "eligibility" for funding under this Act. We would need time and professional resources to research in detail the "eligibility" issue, but we are aware that the Iowa City City Council will rely on its staff for this determination. Finally, we would like to keep any listing of priorities open-ended, assuming needs not now apparent to lay -persons like ourselves will arise from time to time and will need to be called to the public's attention. The League of Women Voters supports funding for the development of a Comprehensive Plan for Iowa City, with goals established which place emphasis oh human needs. The mass transit system of the entire community needs to be supported by whatever avenues the City Council determines are open to them. Our support of acquisition and development of parks and open spaces places particular emphasis on measures to enhance the river front. Housing for low income, elderly, and handicapped persons has had very active support from the League. More money for enforcement of housing codes, in combination with rehabilitation of existing housing, is an urgent need. The control of flooding we see as of such general community benefit that all resources available must be utilized in a variety of ways. Adequate sewage disposal is among the essential services we have urged to be given high priority. The League also supports comprehensive child care, encompassing com- munity care for preschool children; care for school age children be- fore and after school and at lunch time; and drop-in daytime care available to all families. These services should be financed by mixed public and private funds and fees on a sliding scale. Finally, we would suggest that will envelop all of the elements which will get the job done for Aee,�/! - �� Faith Knowler, President League of Women Voters of Johnson County cc: Mayor Ed. Czarnecki Dennis Kraft,,City Manager C: a good.Comprehensive Plan for Iowa City listed here. We see it as the tool the community. Flo Beth Ehninger, Chair Community Development Committee Dear Mayor: As chairperson of the Citizens' Action Committee to Fight Inflation, I am asking you today to take the leadership in forming a Local Citizens' Action Committee for the non-partisan WIN Program to fight inflation. The principal county executives are being asked to form committees in areas outside the boundaries of incorporated municipalities and in co- operation with them. In some instances, cities and counties might decide locally to join together to have a county -wide or metropolitan WIN, which is a matter for local decision. A membership list is enclosed of the National Citizens' Action Committee to Fight Inflation, which was formed by President Ford on October 8, 1974. This Committee's composition can serve as a guideline for the formation of your own local committee. The National Committee's start-up suggestions for your local group are also enclosed. Citizens' mobilizing together to slow inflation can be an important force in conquering this Nationwide problem. A public announcement of these plans for local action committees will be made November 11, 1974. Sincerely, tom: � �_. Sy via Porter Enclosure The items below are offered as suggestions for getting underway once a broadly representative WIN Committee has been set up as per our letter to your Mayor or County Executive. They are suggestions only: feel free to amend them as your own imagination or local conditions indicate. 1. Provide for your city/county/metropolitan WIN Committee to handle at least four functions: Awards, Ideas, Participation, and Public Relations. Don't forget to arrange for a bulk -mail permit and a press -release writer, 2. Set up small (4-5 member) "sector -participation" groups along the lines of the campaign committees used by your area Community Chest, Givers Fund, or United Way. Promote "percent -of -sector -participating" competition; i.e., match the sector -committee for "light industries" against that for "retail merchants" to see which can get the higher percentage of its firms participating in WIN. 3. The official WIN pledges are enclosed for your use. Some suggestions on format: A. Lay out the business pledges so they can be receipt -signed or -stamped by the overall participation committee for display, and make them available through the mayor's office, the Chamber of Commerce, the Retail Merchants' Association, farm organizations, etc. B. Format the consumer pledges for distribution via newspapers (printing in color or reverse if possible) and also, if desired, for distribution through banks, groceries, schools and colleges, service organizations, union locals and shop stewards, utility; offices, etc. C. The parenthetical phrase "through my union" can be deleted from the worker pledge to make it directly applicable to non-union employee groups. Note that the union label on locally produced materials (buttons, flyers, pledge - forms, etc.) will quite often generate additional community support. 4. Secure WIN endorsements from local organizations, schools, and colleges. Suggest also that they have at least one WIN -orientation program for their people. 5. In plants, stores, and service firms (such as hospitals) set up joint labor- management committees reporting to their related sector -participation sub -committees; where appropriate, consider special "employee -to -management" (or vice versa) awards. 6 Arrange for regularly -scheduled and -placed WIN "new participants" and "awards" announcements in print and electronic media; include house organs and plant newspapers here, too. 7. Run newspaper and suggestion -box columns and -contests for ideas that will help WIN work, being sure to involve schools, Boy Scouts, 4-H, etc.; radio stations can devote call-in show time to these, too. 8. Arrange well-publicized monthly sessions of the city/county/metropolitan WIN Committee for participation and idea awards; initial recommendations of winners can come from groups and individuals within the participation sectors. opeiu =2 afl-cio t'0S r.: MY A'rrTn►.r (202) 456-6466 The following pledges are suggested for use by local action committees: Businessman's and Businesswoman's Pledge: I pledge to my customers that to the very best of my ability I will hold or reduce prices and will buy whenever possible from those who have pledged. to do the same. I also pledge to be an energy saver. This signed pledge is evidence of my participation in, and support of, the WIN Program. Consumer Pledge: I pledge to my fellow citizens that I will buy, when possible, only those products and services priced at or below present levels. I also promise to conserve energy and I urge others to sign this pledge. Worker Pledge: I pledge that I -- through my union -- will join my fellow workers and my employer'in seeking ways ,to conserve energy and eliminate waste on the job. I also promise to urge others to sign this pledge. * See item three of thoughts for local WIN committees. STATEMENT OF PRINCIPLE The Citizens' Action Committee to Fight Inflation is a non- partisan, volunteer working committee. The committee will devel op public understanding and participation in a nationwide effort to control inflation and save energy. This non-partisan committee dealing with a non-partisan problem will mobilize the nation through all of its people. The committee calls on every American, on Federal, state and local governments, organizations, business and labor to WIN the fight against inflation. -Adopted October 12, 1974 at the White House F CITIZENS! ACTION COMMITTEE TO;FIGHT INFLATION Post Office Box 19.:1'88>' Washington, D, C. 20036 Committee Members Sylvia Porter, Chairperson Columnist` Mayor Joseph Alioto Arch Booth Chairman, U. S. Conference of Mayors President, Chamber of Commerce of the Ronald Brown United States Roger Fellows Executive Director, National Urban League Carol T. Foreman 4 -HI. University of Minnesota Executive Director, Consumer Federation David L. Hale of America Mrs. Lillie Herndon President, United States Jaycees President, .National Congress of Parents Robert P. Keim and Teachers Stephen Kelly President, The Advertising Council William J. Meyer Magazine Publishers' Association President, Central Automatic Sprinkler Company Mrs. Carroll E. Miller President, General Federation of Women's George Myers Clubs President, Consumer Federation of Ralph Nader America Richard E. Ohendalski Private Citizen Leo Perlis Boy Scouts of America Director of Community Service, AFL-CIO Governor Calvin Rampton George Romney Chairman, National Governors' Conference Chairman of the Board, National Center Theodore A. Serrill for Voluntary Action Executive Director, National Newspaper Stanford Smith Association President, American Newspaper Stanley Smoot Publishers' Association Frank Stanton President, National Association of Counties Vincent T. Wasilewski Chairman, American National Red Cross President, National Association of Roy Wilkins Broadcasters Executive Director, National Association Douglas Woodruff for the Advancement of Colored People President, National Association of Retired People low., IN Ap' "S In'd- e' r, e - Ain, 52240 lk Z17 ID1YA AV'!.. BOX 037 IOWA CITY: IOWA 32230 PHONE .337-4191 za!M-;TER: Ci3iRT L. WELSH AI.L SE*:IEVEPS 1,-4 C4?I5T City of Iowa City Civic Center Iowa City, Iowa '.)ear Friends; December 2, 1974 Please accept this letter as our request that: Lots 3 and 4, and the west '' feet or- lots rlots 2 and 7, all in Block 43 in Iowa City, Johnson County, Iowa be zoned to provide zoning to enable a high rise elderly housing being constructed on this sit-, contingent upon the church or its assigns Being the successful'bidder for Elderly Housing, Pro- j3ct Iowa 22-2, bids being received December 2, 1974. We would respectu your judgement as to which _one would ba the best in light of your total zoning and land use program. P, Li,l: rets Sincerely, Robert L, Welsh -/7 % Zi T1 S„I iJ •J . _I � ._. _I .i �..I i •i --,. C L DATE: December 12, 1974 TO: Planning and Zoning Commission Attn: Don Madsen, Chairman FROM: Iowa City City Council RE: Referral At their regular Council meeting on December 10th, the Iowa City City Council officially received the attached request from Robert Welsh for the First Christian Church concerning rezoning. It was moved by White and seconded by Davidsen that the letter be received and filed and referred to the Planning and Zoning Commission for recommendation. Motion carried, Brandt voting 'no'. Attorney Hayek noted that the rezoning fee is assessable, but that the developer could have an option as to when to pay it. Acting City Manager Dennis Kraft advised that until a formal application had been made, no formal action would be taken. Abbie Stolfus City Clerk BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a. Class "C" Beer Permit Application is hereby approved for the following nan¢ed per- son or persons at the following described locations: Randall's Foods, 1851 Lower Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dopar6ment. It was moved by White and seconded by Brandt that the Resolution as read be adopted, and upon roll call there were: Brandt Czarnecki Davi sen e rosse ite AYEx : NAYS: ABSENT: X X X Passed this 10th day of December , lg 74 IRESOLUTION TO REFUND BEER PERMIT WHEREAS, the Suds & Snacks at 314 F. Burl ; ngton _ has surrendered beer permit No -74-153S, expiring June 11 1975 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $37.50, to the _ Leo(i b e db i�.-cj ' --nar� Gale e ; Snacks for refund of beer permit No. 74-1535 620 Kimball Avenue It was moved by Davidsen and seconded by White that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt _X Czarnecki X_ Davidsen X deProsse X_ White x Passed this 1 0th day of nate - , 192A_ °1 in Iowa City, Iowa, has surrendered cigarette permit No. 74-114 , expiring June 30 , 19 75 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 74-114 , issued to Suds $ Snacks be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of as a refund on cigarette permit No. 74-114. It was moved by Davidsen and seconded by dPPrn-GP that the Resolution as read be adopted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White AYES: NAYS: X X X x x ABSENT: Passed this 10th day of Dec. , 1974 c a. a ra h t O N O t� CD w F- cn n r . O 4:�- Cil O N .P Cr1 a �i;; N ^. m ° Z p j4 O O w C n 4� IV n O CD N � O o � o N y n y n rt rt t O N O t� CD w F- cn n r . O 4:�- Cil O N .P Cr1 a �i;; N ^. m ° Z p j4 W m w C n 4� IV O t O N O w F' t� CD w F- cn n r . O 4:�- Cil O N .P Cr1 a �i;; N ^. m ° Z cm W m w Cn n 3 n CD N � O w F' t� CD w F- cn n r . O 4:�- Cil O N .P Cr1 a �i;; N ^. W a w Cn n CD N � 0 D Y •uopoadsu; of aaa[gns sawil lit, it, pus otlgnd acp }o mato utsld ut apeuz aq: of st alias ay anagen jaluap oqa Xq pa4sod aq o4 ndoo sig. ` is n P m Joseph Fowler APWA - Iowa Chapter U.S. Post Office Petty Cash Lou Picek NAHRO Saylor Locksmithing Press -Citizen Frohwein Supply Company Darel Forman National League of Cities Kelly Heating Service Gilpin Paint $ Glass New Process Laundry City of Naperville Virgil Michel Unitarian Universalist Society Superintendent of Documents Sporting News Simon & Schuster Inc. Estey Corporation Team Electronics Frohwein Supply Company Press -Citizen American Management Assoc. Petty Cash Farm Journal Commerce Clearing House Chain Store Publishing Company British Tourist Authority Bound to Stay Bound Baker & Taylor Company Warren Rental University of Iowa Pittsburgh Plate Glass Northwestern Bell N. Iowa Library Extension Iowa Parcel Service D $ J Industrial Laundry Carol Spaziani Henry Louis, Inc. Lind Art Supply Highsmith Co., Inc. Demco Educational Corporation Bro-Dart, Inc. Scarecrow Press Inc. Other Books 011is Book Company National Parks Division NOW, Inc. National Geographic Society McNaughton Book Service Refund Registration Postage permit Misc. expense Technical service Registration Misc. operating supplies Publications Supplies & furniture Travel expense Membership Equipment repairs Paint Uniform rental Book Food for animals Books Books Books Books Office equipment Office equipment Office furniture $ supplies Classified ad Postage Operating supplies Books Books Books Books Books Books Rentals Work Study wages Building repair Phone service Technical service Freight Laundry service Reimbursement Photo supply Office supply Office supply Office supply Misc. supply Books Books Books Books Books Books Books $ 81.86 210.00 880.00 138.52 15.00 30.00 14.40 135.42 247.66 8.81 600.00 18.00 8.80 340.10 3.50 120.00 1.50 3.00 2.96 7.42 1,500.68 184.90 663.76 30.10 3.71 63.50 35.35 9.18 16.05 9.20 72.85 225.92 23.00 68.66 46.32 142.29 80.10 1.71 12.00 25.75 7.03 17.59 81.33 224.40 46.25 20.00 5.00 64.56 2.25 3.00 11.40 26S.00 GENERAL FUND (Continued).. Invisible China Repair Interstate Book Store Inc. Independent Publishers Group William Graf Gale Research Company Iowa City Flying Service PPG Industries Inc. Hawkeye Wholesale Grocery Doane Agricultural Service Inc. Madison Bionics National Airport Equipment Company Nate Moore Wiring Service D $ J Industrial Laundry Northwestern Bell National League of Cities Iowa Illinois Gas & Electric Cresent Electric Supply Hawkeye Safety Equipment MacKenzie Interiors Goodfellow Steve's Typewriter Company V.E. Corcoran Petty Cash Western World Medical Associates Master Lock Company Economy Advertising Hawkeye Safety Equipment Keene Corporation Halogen Supply Company Rocca Welding & Repair Sydney Laner & Company Metropolitan Supply Dyan Merkel Mercy Hospital Monroe Shay Electric Inc. Traf-O-Teria System Roger L. Brown Agency Brandt Money Handling Systems Commercial Decorators Chicago Roller Skate Company L.L. Pelling Co. Inc. Institute of Traffic Engineers Engineering News Record Prentice Hall, Inc. Rebel Motel Tower Press Allan McCombs Elbert & Associates Cartwright Supply Company R.L. Polk Company McKesson Chemical Clerk of District Court Heckendorn Mfg. Co. Books 6.41 Books 434.92 Books 3.13 Books 8.50 Books 69.75 Janitorial service 120.00 Building repairs 16.39 Sanitation supplies 25.50 Management fee 72.00 Industrial supply 74.77 Electrical supply 71.61 Repairs 61.40 Laundry service 24.00 Phone service 5.58 Registration 200.00 Electricity 170.78 Electrical supply 539.95 Operating equipment 632.86 Office furniture 1,088.71 Outside printing 596.75 Rental 8.00 Technical service 22.00 Misc. supplies 24.51 Uniform purchase 178.50 Medical 168.00 Misc. supply 1.10 Printing service 483.30 Operating equipment 2,818.60 Operating supply 78.37 Minor equipment 16.96 Equipment Repair 5.67 Rec. supplies 69.44 Operating supply 19.66 Food for.animals 30.80 Medical 25.10 General office supplies 15.00 Building repair 110.47 Printing service 836.67 Operating equipment 2,693.88 Equipment maintenance 48.50 Building repairs 310.00 Operating supplies 3.61 Asphalt & repairs 2,997.61 Membership 37.00 Subscription 12.00 Subscription 120.00 Travel expense 16.00 Subscription 5.50 Travel expense 26.28 Data processing 2,457.40 Asphalt 19.00 Books 324.00 Cylinder charge 50.00 Court costs 90.25 New equipment 3,393.00 Rochester Germicide Industrial supplies 157.50 Dennis Kraft Travel expense 73.67 Advance Process Supply Company Misc. repair supply 177.64 Arlis Niffenegger Refund 100.00 R.N. Boggs Building repair 306.45 Cline Truck & Equipment Company New truck 16,300.00 Plumbers Supply Company Plumbing supply 53.48 Iowa City Ready Mix Concrete 2,722.53 Press -Citizen Publications 887.43 Highlander Meals 317.09 Hawkeye Lumber Lumber 352.62 Pioneer General office supplies 58.50 Precision Lab, Inc. Industrial supplies 267.36 Quality Engraved Signs Outside printing 10.20 TG & Y Educational supply 8.74 Wolf Construction Improvement repairs 703.90 Law Enforcement Equip. Company Misc. operating supply 16.25 Iowa Book & Supply General office supply 52.14 Means Agency Laundry & towel service 210.60 D $ J Industrial Laundry Uniform rental 1,442.45 Iowa City Cabinet Shop Office equipment 10.00 Fleetway Stores Misc. supplies 73.78 International Business Machines Equipment rental 401.60 Breese Plumbing 4 Heating Building repair 12.00 Red Carpet Travel Service Air fare 155.47 Robert Panther Technical service 3.60 McFall-5hubatt Equipment maintenance 28.00 City of Iowa City Firemen's food allowance 480.00, Communications Engineering Company Equipment repair 474.89 PPG Industries Inc. Glass & office supplies 91.09 Brian Fanning Technical service 61.25 Ken's Misc. supplies 421.19 Standard Blue Print Printing supplies 185.32 Lenoch & Cilek Misc. supplies 79.77 Pitney Bowes Equipment rental 54.00 Matthew Bender Book 17.50 Iowa Engineering Society Book 4.00 Des Moines Register Publications 119.28 Frank $ Dorothy McCabe Damage claim 316.10 Capitol Propane Gas Company Heating fuel 130.00 Gringer Feed & Grain Animal food 15.00 Hartwig Motors Operating equipment 157.50 Michael Sexton Technical service 200.00 56,278.87 DEBT SERVICE First National Bank Coupons 1,433.75 First National Bank Coupons 2,067.50 First National Bank Coupons 1,700.00 Iowa State Bank & Trust Company Coupons 3,782.50 First National Bank Coupons 2,093.75 First National Bank Coupons 212.50 CAPITOL PROJECTS Shay Electric Neenah Foundry Company Cresent Electric Supply Tnemec Company Barker's Inc. Consumer's Coop. Iowa City Ready Mix Press -Citizen ENTERPRISE FUND Treasurer, State of Iowa APWA-Iowa Chapter Meredith Brehmer James Wilson Alfred H. Carr John Christie Kirk Elwood Richard Toch William Hueffner Petty Cash Semir Neimat Allied Chemical Corporation Frohwein Supply Company Van Meter Company Kelly Heating Service Neenah Foundry Company Cresent Electrical Supply Goodfellow John W. Ort City of Coralville Shamrock Construction Company Affholder, Inc. Allied Chemical Corporation Eagle Signal Company Iowa Illinois Gas & Electric Dorr-Oliver Inc. Hartwig Motors Couch & Heyle McKesson Chemical Kieck's William Olney Plumbers Supply Company Iowa City Ready Mix Hawkeye Lumber Wallace & Tiernan Improvements Construction materials Electrical supply Paint supplies Equipment rental Fuel Concrete Publications State sales tax Registration Water refund Water refund Water refund Water refund Water refund Water refund Water refund Misc. expense Water refund Chemicals Office furniture Electrical supply Building supplies Construction materials Electrical supply Outside printing Water refund Sewer service Ground improvements Construction materials Chemicals Minor equipment Technical service Equipment repair supply Equipment Minor equipment Chemicals Uniform purchase Water refund Misc. supplies Concrete Misc. supply Supplies 10,431.87 4,290.00 143.65 135.90 252.00 91.46 54.00 98.84 15,497.72 2,313.12 30.00 S.11 3.20 6.35 4.50 2.17 4.37 26.69 1.22 30.19 1,689.29 104.94 20.82 1.35 1,540.00 3.24 68.45 .46 23.96 783.00 2,300.00 1,677.74 70.64 653.79 411.00 175.00 93.50 3,352.80 149.00 11.84 272.82 171.88 25.02 23.88 National Chemsearch Means Agency D & J Insustrial Laundry Griffin Pipe Products Fleetway Stores Inc. BIF Industries Red Carpet Travel Service PPG Industries Ken's Neptune Meter Company Lenoch $ Cilek MUESCO Plant $ Flanged Equipment Company Clow Corporation Harry Wolf Grell Construction Company Iowa Public Employees Retirement System Iowa Employment Security Commission Petty Cash Petty Cash TRUST & AGENCY Petty Cash National Record Plan Vinema Arts Ltd. Interstate Shopper Press -Citizen Dutch Gardens Leon Lyvers Pleasant Valley Loren Sign Lettering Drug Fair Iowa Public Employees Retirement System Iowa Employment Security Commission INTRAGOVERNMENTAL SERVICE Dennis Kraft Hawkeye State Bank State Chapter of NAHRO Lyle G. Seydel Petty Cash Linder Tire Service Frohwein Supply Company Acherman Auto Parts Inc. Paul's Texaco All Wheel Drive Company Xerox Corporation Dwayne's Radiator Service Goodfellow Chemicals Laundry $ towel service Uniform rental Pipe Misc. supplies Equipment repair Air fare Glass Misc. supplies Operating equipment Supplies Repair supplies Equipment Repair supply Refund Sewer improvements IPERS FICA Financial service Financial service Miscellaneous expense Records Records Classified ad Classified ad Bulbs Trees Agricultural service Signs Agricultural supply IPERS FICA Travel expense Payroll transfer Registration Travel expense Misc. expense Tires, tubes, & vehicle repair General office supply Vehicle repair supply Vehicle repair Repair materials Rental Vehicle repair Outside printing 242.57 77.82 640.20 51,284.94 29.34 76.03 109.47 49.63 46.45 6,478.52 6.94 114.75 159.37 1,289.18 25.30 400.00 872.50 1,706.93 7.00 30.00 79,698.28 101.10 45.67 41.00 1.63 7.77 111.65 1,260.00 605.40 48.00 9.96 4,687.93 9,961.51 16,881.62 50.00 167,343.81 18.50 25.00 35.71 1,650.62 67.51 61.98 108.01 114.07 165.00 54.18 236.95 ey _ INTRAGOVERNMENTAL SERVICE (Continued) Ardich Equipment Company Medical Associates New Method Equipment Company Inc. Motorola Xerox GMC Rocca Welding & Repair Mainstem Inc. American LaFrance Butler Paper Company Erb's Office Supply Hawkeye Roofing Elliott Equipment Company Michael Todd & Company R.L. Polk Company Hawkeye State Bank Heckendorn Bill's Riverside Standard ITASCA Equipment Company Plumbers Supply Company Press -Citizen Highlander Happel & Sons Inc. Pioneer U.S. Pencil $ Stationary Iowa Book 4 Supply Kleen King Sales & Service Means Agency D & J Industrial Laundry You Smash 'Em - I Fix 'Em Fleetway Stores Inc. McFall-Shubatt Davenport Spring Company Ken's Lenoch 4 Cilek Bryn Maur Heights Company Bryn Maur Heights Company Hartwig Motors Hilltop DX Various Anchor Company Hawkeye State Bank Iowa Public Employees Retirement System Iowa Employment Security Commission SPECIAL ASSESSMENTS Press -Citizen Vehicle repair supply Medical services Vehicle repair supply Operating equipment Equipment rental Vehicle repair supply Vehicle repair supply Data processing service General repair parts Paper General office supplies Refund Vehicle repair supply Vehicle repair supply Book Payroll transfer Vehicle repair supply Vehicle repair supply Vehicle repair supply General repair parts Publications Meals Vehicle repair supply General office supply General office supply General office supply Sanitation and industrial Laundry 4 towel service Uniform rental Vehicle repair supply Misc. supplies Vehicle repair Vehicle repair Misc. supplies Misc. supplies Refund Refund Vehicle repairs Vehicle maintenance Water refunds Ground improvements Payroll transfer IPERS FICA Publications 1,402.70 21.00 793.82 60.00 527.51 1,315.88 13.25 739.40 36.46 109.75 271.70 5.00 44.56 866.42 36.00 6,851.00 39.43 18.20 478.65 30.26 39.93 45.37 42.30 411.41 105.61 14.04 supplies 103.16 67.66 287.50 441.24 7.16 15.00 845.47 31.05 5.57 858.12 1,485.00 1,157.57 77.25 5,974.06 3,500.00 829.45 171.92 321.75 200,429.92 53.31 53.31 URBAN RENEWAL Welton Becket & Associates Architects C.S. Ehinger Johnson County Abstract and Title Guar. Various City of Iowa City LEASED HOUSING Various owners Iowa Illinois Gas & Electric Leonard DeMeyer GRAND TOTAL Professional service Demolition Services Relocation expenses October expenses November rent Gas & electricity Deposit refund 921.35 6,034.60 69.00 199.42 7,241.17 14,465.54 26,669.00 9.87 14.00 26,692.87 $421,727.13 The preceeding disbursements allocated by fund in the total amount of $421,727.13 represents an accurate accounting of obligations of the City of Iowa City. - es J.B. Pug J . Director Department of Finance City Clerk Civic Center Iowa City, Ia. 52240 The developer could then designate the area as a private park and recreation area or seek an exemption from the park requirement. TO: The Iowa City City 'Council FROM: Sarah Fox, Chairperson, Park and Recreation Commission I am again approaching the Council on the matter of acquiring the Northeast Neighborhood Park of either (as described in Council Minutes of November 11, 1974, 4:00)`1) six acres in the Washington Park Ad- dition, 9 area" or "2) three -acres - 1/2 of first area - and small park south of Scott Blvd." In trying to explain the need for such a park over the last few weeks, the Commission and I have relied mainly on the current Staff's recom- mendation of a park in this area. To sYii, that this project also has community professional support"historically", I thought it might be helpful if I ran down past recommendations of it. 1959, BARTHOLOMEW REPORT, Parks and Open Space Section This report located what they described as a combined school and neighborhood park site "of 20 acres or so" on the almost exact spot of the Lemme School site. April, 1964, IOWA CITY LOOKS AT ITS FUTURE, A Report of the Citizens Advisory Committee to the City Council Referring back to the BARTHOLOMEW REPORT Plates 1 and 2, this report urged: 1) "Land required should be acquired NOW. The two basic con- siderations are cost and location. Parcels of land will bever be less. Land should be acquired on the outer edges of the residential area as they are now presently constituted... 2) Major subdivisions of the future should mandatorily 'provide for Park.and Playground areas." (pg. 38-9) Their final conclusion was: "Itis the consensus of this committee the City of Iowa City has fallen behind in its park and playground creation. The playground area available is the most critical shortage at present. A very.fine park and playground -system can be provided if action toward land acquisition is taken this year." (pg. 41) April, 1965, BURKE REPORT, SURVEY OF PARK AND RECREATION FACILITIES FOR IOWA CITY, IOWA Again, they felt: "The greatest`need.in Iowa City is for small neigh- borhood parks." (pg. 31) They envisioned a "Park -School Playground" near what became Lemme, #30A, and recommended joint School -City purchase of about 10-15 acres. (pg. 29) .;They pointed out: "It is in the best interests of the City that a program of land acquisition be started as soon as.possible before the-land..is developed for other uses and becomes prohibitively expensive to acquire after such development." (pg. i) February, 1970, PARK AND`RECREATION NEEDS AND COST ESTIMATES, A Report to the City Council of Iowa City from the Park and Recreation Commission They recommended: "The possible acquisition of approximately 4 to 6 acres of land 'adjacent to the Oakwoods School site for neighborhood park use... following the park -school concept." 1970 BURKE STUDY AMENDMENT, done by the Commission By then, there was a Commission and neighborhood interest in preserving a specific "2.5 acres of the adjoining wooded slopes to provide a natural area for sliding, free play, aesthetic openness and some picnic sites", adjoining the 9-acre-Lemme School site. June, 19700 PARKS, RECREATION AND OPEN SPACE PLAN prepared for the Johnson County Regional Planning Commission This report recommends the acquisition by 1975 of an "Oakwoods School Neighborhood Park... adjacent to Helen Lemme School... 10 acres." (It is also interesting that they call for a "100 acre, New Eastside Community Park, North of Rochester Road on Ralston Creek," to be acquired by 1980.) April, 1972, FIVE-YEAR PARK AND RECREATION CAPITAL IMPROVEMENT SCHEDULE, 1972-1976 The Commission of that year scheduled "The acquisition of an East or Northeast Park of 10 acres" in 1974 at a cost of $50,000. April, 1974, NEIGHBORHOOD PARK STUDY, EAST SIDE AREA, prepared by the Department of Community Development Based on population projections and need -for -park standards, described in the HOLLYWOOD MANOR AREA PARK STUDY, this report concluded that "there should be 4.51-5.56 acres of neighborhood park land serving the East Side Neighborhood, (bounded by Rochester, Court, First Avenue and Scott Boulevard). If the proposed neighborhood park is not combined with Lemme Elementary School, it should, in its active areas, possess sufficient space for a softball field and a tennis or basketball court." To conclude, all past City park and open space planning has included a northeast neighborhood park ranging in concept from acquisition of the particular wooded area to a larger parcel of 10 acres. Action has been delayed until almost all the possible sites for it are built up, but this Council has a final chance to make this solidly investigated and well-documented recommendation a reality. That the area acquired should be one larger parcel, rather than two separate small ones, is backed by the Commission and the Park Director. And I enclose a copy of our November 13, 1974 minutes which summarize the discussion which led to our motion: "That the Park and Recreation Commend that Council implement the immediate purchase of a proposed 6-7 acre park bounded by Mt. Vernon Drive and including frontage along Green Mountain Drive." ■I' page 2 `i Park and P---- t> :�Ccaumission Notes -13, <1974 Discussion followed on the- subject of the proposed 'Northeast Palk. C:--ne Chpresented Chubb presend a rei.ghhor-hood map and drawings of tie proposed park area hounded by M1t. Ve -on Drive and Green Mountain n Drive and a second proposed area on the corner of ;dashiugton and 'Wes minter_ Ciairperson Fox reported on a Council discussion of buying three acres at the bit, Vernon Drive site and later purchasingthree flat acres at another location. ML . Tom Feldbush, a resident of the Mt. Vernon Drive area, gave sev- eral reasons why he would like the City to purchase the larger park area at the Mt. Vernon Drive site rather than t -,4o s-reller, separate ,nark areas, a concern also expressed by Gene Chubb_ In regard to the proposed'Northeast Park, Ccmnission discussed.- 1. iscussed;1. Easier supervision of children by parents if there is 1 - just one park; 2. The possibility of activities for a variety of age groups (including wield games); 3. Easier maintenance; 4. The possibility that with. only three acres, there might be less access frau Green Mountain Drive, causing more trespassing across neighbors' yards and less visibility, which is needed to discourage undesirable actvities; 5. If only the north half is aquired, care must be taken to prevent its being a "private" park for only a few neighbors_ P'ollowi ng furt her discussion, it was mflved by Sangster and seconded by Lindberg that t -n Park and Recreation Commission rec=.end that Council irpl.art!ent the immediate purchase of a proposed 6-7 acre pa --d-, bounded by Mt. Vernon Drive and including frontage along Green Mountain Drive. unanhmous. Eob :Gee and Twyla Mlisselhorn reported on the Special Populations In- volvement (SPI) Program. SPI was kicked off with a Halloween parade follcwed by a party at the Iowa City Recreation Center which was at- tended by 75 children. SPI activities meet on Monday, Wednesday, and Friday afternoons and Friday evenings. The adult program, originally scheduled to meet on Monday evening, was moved to Friday evening so that the Monday evening period could be made available for SPI Scoul-ting activities - Bill Neppl reported on the public meetings for the discussion of the Tiouasing and C^mnu^ity Develo�a7ent Act. A permanent Stezrirg ttee has been selected and is gathering input from the public. MIeetings arc held every ionday and Wednesday night at 7 p.m. Jim Sangster is the Park and Recreation C= mssion representative to these meetings. AFF PORI ' rj 14 JR 47 -74 I�pw�► ( 1 i.7 :f I %/ _. ll 1, 1 . 1r / .1 �• ( a ` f I' ' ii i I P 1 1 i•it .• 1 (a a ; ..•//rn..-./ •t pr �..Cr_f // r -..,yr A �Y/J�/' •1 I ri(.e�"7�rT�� ///�/ �r w1 1 ,/ s/ h, 7L J/tet' w►J • `/ / I 1, I '' ���I� �N X19 �/.�"JYf.: �EPART,MENT- ®F_NITY .DEVMnF1 Dept. of Comm. Development Conference Room A. Call to Order by Chairman B. Roll Call C. Approval of Minutes 1. Meeting of November 26, 1974 D. Zoning Items 1. Z-7424. Rezoning of lot approximately 80' x 801, R3B to C2 (vic. in 100 block on North Linn Street, just south of alley). Request made by St. Mary's Church for.purpose of constructing a parking lot. Date filed: 11/11/74. 45 -day limitation: 12/24/74. 2. Z-7425. Rezoning of plot of ground, R3B to C2, on north side of Jefferson Street east of St. Mary's Church. Request made by J. W. Glasgow. Date filed: 11/25/74. 45 -day limitation: 1/9/75. 3. Z-7426. Rezoning of tract, CH to C2, requested by John Lee and Harding Construction Co. (vic. east side of First Avenue north of American Legion Road). Date filed: 11/26/74. 45 -day limitation: 1/10/75. E. Informational Item 1. Spot Zoning F. Discussion Items 1. C-7404. Closing of Madison Street between Washington Street and Iowa Avenue. Requested by University of Iowa. Council referral: 10/17/74. 2. C-7405. Objections to prohibited and non -conforming signs in sign ordinance. Council referral: 11/6/74. 3. P-7317. Proposed ordinance creating a University Zone (U). 4. P-7410. Proposed ordinance creating a Mobile Home Residence Zone (RMH). G. Adjournment. Regular meeting -- December 12, 1974 U 0 SUBJECT: Planning & Zoning Commission December 12, 1974 Z-7425. Application submitted by J. W. Glasgow to rezone a tract of land located east of North Linn Street and north of Jefferson Street from an R3B Zone to a C2 Zone; date filed: 11/25/74; 45 -day limitation: 1/9/75. STAFF ANALYSIS: east of a single family dwelling at Jefferson Streets, west of a single property petitioned for rezoning by and a parking lot in a C2 Zone, an Street from the University of Iowa. The subject tract consists of two lots with an existing single family home and a multi- family dwelling and is located the corner of North Linn and family home, south of St. Mary's Church (Z-7424) d north and across Jefferson The staff is of the opinion that the subject request is clearly a case of illegal "spot zoning". By reference to a Supreme Court decision concerning spot zoning included with this Staff Report, the statement was made: "in Hermann v. City of Des Moines (1959), 250 Iowa 1281, 97N.W.2d 893, we held an ordinance which rezoned one lot in the middle of a block surrounded by single family dwellings illegal spot zoning. We pointed out it was 'similar in all respects of use,.character, and adaptability to the surrounding property' and was used as a single family dwelling at the time of the change of zoning". Apart from the above legal implication, there is no validity from a zoning standpoint to rezoning the subject tract which is adjacent to single family dwellings on both sides to a C2 Zone which permits virtually any commercial use. Adverse effects which would be generated by certain commercial uses would devalue adjacent property which zoning is designed to protect. STAFF RECOMMENDATION: It is the staff's recommendation the application be denied. r7n di if; Wil "00 A7 rl 9 E SUBJECT: Commission I Z-7426. Application submitted by Pat Harding Construction Co., Inc. and John and Marian Lee to rezone a tract of land located east of First Avenue and north of American Legion Road from a CH Highway Commercial Zone to a C2 Commercial Zone; date filed: 11/26/74;45 -day limitation: 1/10/75. STAFF Although the applicants have ANALYSIS: stated that the intended use for this property is for "retail sales and office structures", there are no retail or office uses permitted in the C2 Zone that are not already permitted in a CH Zone with the exception of tire shops (?) and implement stores. The obvious purpose, therefore, for requesting a C2 Zone is because of the less restrictive requirements in parking and front yard setback. Though certain regulations in the C2 Zone are less restrictive and for obvious reasons, certain uses such as public garages and used car lots are permitted which, from a planning consider- ation, may not be desirable in the established commercial area at First Avenue and American Legion Road. The Zoning Code as originally adopted is composed of zones with uses which are accumulative from zone to zone, but each zone was established for a particular reason. The Cl Zone, for example, is the most restrictive commercial zone and could be labeled the local shopping district. According to the Land Use and Zoning report submitted by Harland Bartholomew and Associates, who drafted the Zoning Code,, the "Cl Local Commercial District is found in several areas _serving the residential neighborhood". Characteristically, the zone should include uses which provide services for the convenience of one or more neighborhoods. The CH Zone, unlike the Cl Zone, is intended to provide uses which cater to the motoring public, and the C2 Zone, a "general business" district, includes uses which normally are associated with a large commercial area such as the central business district. But, the commercial area at First Avenue and American Legion Road was never intended to be larger than a local shopping area serving at most two neighborhoods, nor should be. In the original comprehensive zoning map proposed by Harland Bartholomew and Associates, a small area at First Avenue and American Legion Road (Muscatine Avenue) was illustrated as zoned Cl. Generally, a community the size of Iowa City can support at most one or two thriving commercial centers or business areas larger than a local shopping center. Not enough emphasis can be given to the postulate that complete service of all the natural trade area of the City will.not furnish enough business to support • more than two -or three "community" shopping areas in fierce competition with one another. From a planning consideration, therefore, the staff would not suggest that any impetus be given to the augmentation of the business area by additional C2 zoning. The staff would suggest, however, that a close examination of existing requirements be made. If the parking requirement, in particular, is too restrictive for retail uses normally associated with a local shopping area, then the Zoning Code should be amended accordingly. According to the Community Builder's Handbook prepared by the Community Builders Council of the Urban Land Institute, perhaps one of the best single sources of information relative to community development, a ratio of 5.5 parking spaces per 1000 square feet (1 parking space/182 square feet) of gross leasible area, the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, is recommended as a standard to meet the demand for parking space for retail development generally. The minimum parking requirement of one space per each 100 square feet of a retail"use would ,appear, therefore, to be too restrictive. ® The CH Zone requires a greater setback than in any other commercial ;.one to allow for clear vision and safe ingress and egress from and to major thoroughfares and highways where a CH Zone is normally located. A C2 Zone, which as previously stated would normally be located in a large commercial area, requires no setback for pedestrian.customer convenience. When commercial uses are located within a.residential neighborhood and within close proximity of residential development, yardage and bulk requirements should be enforced to reduce the impact upon the residential area. STAFF RECOMMENDATION: Based upon the reasons above stated, it is the staff's recommendation the following action be taken: 1. The subject application be denied. 2. Section 8.10.25 of the Zoning Code be amended to require one parking space for every 180 square feet of floor area for retail stores. STAFF A comprehensive look at the COMMENT: commercial area at First Avenue and American Legion ® Road should be made with the possibility of rezoning much of the area to Cl. Does the City really want creameries, motels and hotels and any unprecedented retail uses as permitted in a CH Zone or public garages, used • car lots, typewriter and similar service shops, upholstering establishments, print,furnace, heating, air conditioning, typewriter, sheet metal, plumbing and tire shops, implement stores, bottling plants and truck terminals as permitted in a C2 Zone located in a neighborhood convenience center? . . or:. 9 I t• .: 1-1 DATE: December 12, 1974 Planning and Zoning Commission Don Schmeiser Spot Zoning The term "spot zoning" has often been misused and given as a reason.for denying a rezoning appli- cation. Spot zoning per se is not necessarily illegal as exemplified in the attached Supreme Court decision and may in certain instances actually constitute good planning practice. Spot zoning, in a legal sense, "results when a zoning ordinance creates a small island of property with restrictions on its use different from those imposed on the surrounding property". "The size of the spot zoned, the uses of the surrounding property, the changing conditions of the area, the use to which the subject party has been put and its suitability and adaptability for various uses are all matters to be considered in determining whether there is a reasonable basis for singling out certain property from the neighboring property" but the distinction between illegal and legal spot zoning is generally made on the basis of whether the "zoning of a small tract of land is similar in character and use to surrounding property for benefit of the owner and not pursuant to a compre- hensive plan for the general welfare of the community" The attached Supreme Court case is submitted for your information to assist you in making decisions in regard to spot zoning situations. DS:sc I evidenceto support the verdict or the - spot zoning, was valid. cumulative effect of assigned errors depriv- ing the defendant of a fair trial. For the Reversed. reasons above stated, we reverse and re- Becker, J., dissented and filed opinion; mand for a new trial. LeGrand, J., took no part. Reversed and remanded. All Justices concur. • c T en eewa T Lawrence P. JAFFE and Jane M. Jaffe, Appellees, V. CITY OF DAVENPORT, a Municipal Corpo- ration, Rex C. Matthews and Cliff Bourdeau, Appellants, and Eagle Food Centers, a Maryland Corpora- tion, and John A. Kolllas, Inter- vanore-Appellants. No. 61063. Supreme Court of Iowa. Sept. 2, 1970. I. Zoning 4=6 Municipalities have power to enact and amend zoning ordinances under their police power. I.C.A. § 414.1 et seq. 2. Zoning 4=672, 673 Zoning ordinances are entitled to same presumption of validity as other legislative enactments and if their reasonableness is fairly debatable, court will not interfere with action of zoning authority by substi- tuting its judgment for that of legislative body. 3. Zoning 4=682 Party asserting invalidity of zoning or- dinance not invalid on its face has burden of proving it is arbitrary, unreasonable or discriminatory by showing it has no real or substantial relation to public health, com- fort, safety or welfare. 4. Zoning e=35 Spot zoning, while not looked upon Action in equity attacking validity of With favor, is not necessarily illegal. ordinance which amended comprehensive coning ordinance by changing portion of 5. Zoning 4=101 tract that had been zoned R-5 single-family dwelling to C-1 neighborhood shopping dis- If ordinance constitutes piecemeal or trict zone. The Scott District Court, James haphazard zoning of small tract of land R. Havercamp, `J., declared complained -of similar in character and use surrounding ordinance void and enjoined any action r property for benefit of owner and not thereunder. Defendants and intervenor ap- suint to comprehensive plan for general pealed. The Supreme Court, Stuart, J„ welfare of community, it is arbitrary, up- held that where tract had been used for reasonable and invalid. truck farming and was located at'- busy intersection controlled by traffic lights in 6. Zoning 4=35 fast growing "understored" older residen- Spot zoning is valid if it is germane to tial area, and on increasingly commercial- object within police power and there is rea- ized street along which it was hard to sell sonable basis for making distinction be - residences, ordinance changing zoning of tween spot zoned and surrounding property. • - J� Clio as 7. Zoning X819 C1ty of Davenport which amen ed the com- . Determination of whether spot zoning Pr`ehenprve zoning ordnance by changing a f ned.b,'in should be permitted is primarily legislative portion o a tract o .group ow y matter and is largely within zoning au- ` tervenor john`Kollias.from"R-5 residential thority's discretion. to C-1 neighborhood shopping center. = The other intervenor, Eagle Food Centers, has 8. Zoning 4809 an option to purchase the rezoned tract. Size of spot zoned, uses of surrounding The trial court held the ordinance consti- property, changing conditions of area, use tuted illegal spot zoning, declared it void to which subject property has been put and and enjoined, any action thereunder. De - its suitability and adaptability for various fendants and Eagle Food Centers appealed. uses are factors which must be considered We reverse. in determining whether there is reasonable basis for singling out certain property from neighboring property. 9. Zoning 4=151 Existing zoning restrictions are subject to reasonable revision as need appears and zoning ordinances can be amended any time circumstances and conditions warrant such action. 10. Zoning X168 Ordinance that amended comprehen- sive zoning ordinance by changing zoning of portion of tract, which had been zoned R-5 single-family dwelling, which had been used for truck farming, and which was located at busy intersection controlled by traffic light in fast growing "understored" older residential area, and on increasing- ly commercialized street along which it was hard to sell residences, to C—I neighborhood shopping district zone was not unreason- able, arbitrary or capricious, and thus, though constituting spot zoning, was valid. I.C.A. § 414.1 et seq. Richard A. Larsen, Asst. City Atty., for appellants. Wells, Brubaker & de Silva, Davenport, for appellees. Doerr, Dower & Rehling, Davenport, for Eagle Food Centers. STUART, Justice. This is an action in equity attacking the validity of Ordinance Number 30600 of the We have considered several zoning cases recently. Hanna Y. Rathje (Iowa, 1969), 171 N.W.2d 876; Anderson v. City of Cedar Rapid•_. ,_bwa, 1969), 168 N.W.2d 739; DePue v. City of Clinton (Iowa, 1968), 160 N.W.2d 860; Keppy v. Ehlers (1962), 253 Iowa 1021, 115 N.W.2d 198; Plaza Recreational Center v. City of Sioux City (1961), 253 Iowa 246, 111 N.W.2d 758; Hermann v. City of Des Moines, (1959), 250 Iowa 1281, 97 N.W.2d 893; Brackett v. City of Des Moines (1954), 246 Iowa 249, 67 N.W.2d 542; Keller v. City of Council Bluffs (1954), 246 Iowa 202, 66 N.W.2d 113. [1,2] The legislature has given munici- palities the power to enact and amend zon- ing ordinances under their police power. Chapter 414, 1966 Code of Iowa; Ander- son v. City of Cedar Rapids, supra, 168 N.W.2d at 742; Plaza Recreational Cen- ter, supra, 253 Iowa at 251, 111 N.W.2d at 762; City of Bloomfield v. Davis County Community ` School District (1963), 254 Iowa 900; 903, 119 N.W.2d 909, 911. Such ordinances are entitled to the same pre- sumption of validity as other legislative enactments and if their reasonableness is fairly debatable, the court will not inter- fere with the action of the zoning authori- ty by substituting its judgment for that of the legislative body.Hanna v. Rathje, supra, 171 N.W.2d at 880 and citations; Plaza Recreational Center v. City of Sioux City, supra, 253 Iowa at 252, 111 N.W.2d at 763; Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W.2d at 895; Brackett v. City of Des Moines (1954), 246 M•! lin, copra, Vol. 8 § 25.83, pp. 223- [6,71 Spot zoning is valid if it is ger- mane to an object within the police power and there is a reasonable basis for making [3] The party asserting the invalidity the distinction between the spot zoned and of a zoning ordinance not invalid on its the surrounding property. Keppy v. Ehl- face has the burden of proving it is arbi- ers, supra, 253 Iowa at 1023, 115 N.W2d trary, unreasonable or discriminatory by at 200; Hermann v. City of Des Moines, showing it has no real or substantial rela- supra, 250 Iowa at 1287, 97 N.W.2d at 896; tion to the public health, comfort, safety Keller v. City of Council Bluffs, supra, or welfare. Hanna v. Rathje, supra, 171 246 Iowa at 214, 66 N.W2d at 120; Me- N.W2d at 880; Anderson v. City of Cedar Quillin, supra, Vol. 8 § 25.84. The de - Rapids, supra, 168 N.W2d at 742; Plaza termination of this question is primarily a Recreational Center v. City of Sioux City, legislative matter and is largely within the supra, 253 Iowa at 253, 111 N.W.2d at 76::;'` zoning authority's discretion. Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W.2d at 895; McQuil- lin, supra, vol. 8A §§ 25279, 252%, 25.310. Spot zoning 'results when a zoning or- dinance creates a small island of property with restrictions on its use different from those imposed on the surrounding proper- ty. Keller v. City of Council Bluffs, su- pra, 246 Iowa at 206, 66 N.W.2d at 116; McQuillin, supra, Vola 8 § 25.83 p. 223. [4] The term is descriptive, rather than legal, and although such action is not looked upon with favor by the courts, it is not necessarily illegal.. Hermann v. City of Des Moines, supra, 250 Iowa at 1285, 97 N.W2d at 895; Keller v. City- of Council Bluffs, supra, 246 Iowa at 213-214, 66 N. W2d at 120; McQuillin, supra, Vol. 8 § 25.83 p. 223, § 25.84 p. 231. [5] If the ordinance constitutes piece- meal or haphazard zoning of a small tract of land similar in character and use to the surrounding property for the benefit of the owner and not, pursuant to a comprehensive plan for the general welfare of the com- munity, it is arbitrary, unreasonable and invalid. Anderson v. City of Cedar Rapids, supra, 168 N.W2d at 744; Keppy v. Ehlers, supra, 253 Iowa at 1023, 115 N.W2d at 200; Hermann v. City of Des. Moines, su- pra, 250 Iowa at 1284, 1288, 97 N.W2d at 895, 897; Keller v. City of Council Bluffs, supra, 246 Iowa at 206, 66 N.W.2d 116; [8] The size of the spot zoned, the uses of the surrounding property, the changing conditions of the area, the use to which the subject party has been put and its suita- bility and adaptability for various uses are all matters to be considered in deter- mining whether there is a reasonable basis for singling out certain property from the neighboring property. Keppy v. Ehlers, supra, 253 Iowa at 1024, 115 N.W2d at 200; Hermann v. City of Des Moines, su- pra, 250 Iowa at 1285-1287, 97 N.W2d at 895-896; Keller v. City of Council Bluffs, supra, 246 Iowa at 206, 214, 66 N.W2d at 116, 120; McQuillin, supra, Vol. 8 § 25.84. [9] Zoning is not static and any exist- ing restrictions are subject to reasonable revision as the need appears and the ordi- nances may be amended any time circum- stances and conditions warrant such ac- tion. Hanna v. Rathje, supra, 171 N.W2d at 879; Anderson v. City of Cedar Rapids, supra, 168 N.W.2d at 743. Each case must be decided on its own facts. Keller v. City of Council Bluffs, supra; McQuillin, supra, Vol. 8A § 25282. The difficulty lies not with the law set out above but with its application to the facts of this case, which follow. [10] The real estate in question has been zoned R-5, single family dwelling dis- JAFi'>Q �. OITY OF DAVEMEM Iowa 557 ctt. a. za x was ass 23- trict since 1925 -a 9. part of t.comprehen its.- protested the rezoning. .In 1968 re - sive plan for =Davenport. On:-Novembeer�-sistance dropped to 248%of the area and 15, 1967 the City,Council passed_ ordinance 26.owners. rer number 30600 reclassifying and°rezoning it Wee as C-1 neighborhood shopping district. Witnesses ';for both sides agree the tract Ding in question is most suitable for commercial I'.2d Fl ng :he ta- ire he rs, at .u - at fs, at 14. it - le n- c- s, + n 2. 1 it :s 3 The rezoned property is a tract of over two acres approximately 222 feet wide and 435 feet long located on the southeast cor- ner of the intersection of Locust Street and Lincoln Avenue in Davenport. Both streets are heavily traveled four -lane thor- oughfares. Locust Street is one of , the main cross-town streets. Lincoln Avenue connects the residential areas to the manu- facturing districts to the north. The traf- fic at the intersection is controlled by a traffic signal The rezoned tract is in an older residen- tial area, but has always been undeveloped and is used as a truck garden. It is bor- dered on the east and south by other small vaunt tracts of land. oned R -S. For about six blocks east, six blocks north, 16 blocks south and one and one-half blocks west the real estate is used for residential pur- poses except for two non -conforming uses two blocks east. Westfair Shopping Center and several other • small stores are located in an area zoned C-1 and C-2 starting about 400 feet west of the intersection.- There is some undeveloped land in these zones over three blocks west. The population in this portion of the city has increased greatly in recent years and the trend is expected to continue. The real estate manager for Eagle Food Center testified that the area within a mile of the intersection was "un- derstored" about 50%. Kollias made unsuccessful efforts to have the property rezoned in May 1959, January 1963, March 1963, December 1964 and De- cember 1965. In 1964 or 1965 Lincoln Avenue was straightened and widened to four lanes. Locust Street was widened to four lanes all across Davenport in 1967 and 1968. In 1965 572% of the area and 34 property owners within the required lim- development The increased volume of traffic and the accompanying noise, odors and dangers make it less desirable for resi- dential purposes. Although there was evi- dence the neighborhood was stable, there was also evidence Locust Street is becoming commercial its entire length. It is difficult to sell residences on Locust for residential purposes. One witness testified this plot would probably never be developed for residential use. The director of the city planning com- mission was a witness for plaintiffs. He did not feel the widening of the streets indicated a change in the acceptability of the property for single family dwellings. On cross-examination he testified: "As a matter of zoning policy, 1 am in favor of commercial development on major intersections and Lincoln and Locust is a major intersection. "The highest and best use of the subject property is commercial. "I do not suggest that the City Council was wrong in rezoning this property even though I cannot agree with it." The action taken by the council under ordinance 30600 constituted spot zoning. However,. we do not believe it acted un- reasonably, arbitrarily or capriciously. There was a reasonable basis for differ- entiating between this tract of ground and the surrounding tracts. The comprehensive zoning ordinance con- templated and authorized this type of ac- tion. Article XVI of the Zoning Ordinance of 1964 for the City of Davenport states that a Fl Neighborhood Shopping District "is intended to provide for individual or small groups of retail and customer service establishments serving primarily the con- M Iowa 179 NORTH WESTERN REPORTER, 2d SERIES of a local neighborhood, and the cases may be helpful in bringing some order venience character, appearance, and 'operation of to the decisions. which are compatible _ with the character of the surrounding area". Therefore, it can hardly be argue) that the designation of a small area for this purpose violates the spirit and intent of the cityzoning scheme. Under the evidence the council could very well have taken the view that the public would benefit by having an addi- tional neighborhood shopping district in the area. It is a fast growing area that is "understored" at the present time. We recognized the advantages of a neighbor- hood shopping center in Anderson v. City of Cedar Rapids, supra. See also Mc- Quillin supra, § 25.115. As the council could decide the need for this type of center existed, the question narrows to its action :in designating this particular property to serve that public need. This particular tract seems well suited to serve that purpose. It is within a.residen- tial district but has never; been used for residential purposes. Its location at a very busy intersection controlled by a traffic light makes it best suited for commercial development. This factor makes it un- desirable for residential construction. Homes on Locust Street are hard to sell as residences and there is good reason to be- lieve it will be commercial its entire length in the future. Therefore the designation of this area as commercial is not contrary to the spirit of the comprehensive plan. We cannot say it does not contribute to the general welfare of the community. The difference in use provides a reason- able basis for zoning this tract C—I while the other three corners of the intersection are left R-5. Residences are located on all tots similarly located and have been sub- jected to residential use for many years. Therefore they are not similar in character and use to the rezoned tract. Although each case must be decided on its own facts a comparison with similar In Keller v. City of Council Bluffs (1954), 246 Iowa 202, 66 N.W.2d 113, we gave our approval to an amendment to a zoning ordinance which reclassified three lots on which was located a four story, 16 room residence in a single family dwelling district so the home could be used as a nursing home. The fact that the home had little or no appeal as a private home was given considerable weight. Here, the loca- tion of the vacant lot gave it little or no appeal for residential development. We believe there would be less adverse effect on this transitional neighborhood by placing a commercial development on a strategic corner than rezoning a large old dwelling in the middle of a residential area. In Hermann v. City of Des Moines (1959), 250 Iowa 1281, 97 N.W.2d 893, we held an ordinance which rezoned one lot in the middle of a block surrounded by single family dwellings illegal spot zoning. We pointed out it was "similar in all re- spects of use, character, and adaptability to the surrounding property" and was used as a single family dwelling at.the time of the change of zoning. This case is dis- tinguishable because of the comparative sizes of the tracts rezoned, different uses to which the properties were being put, and the suitability for the usages permitted within the existing classification. In Keppy v. Ehlers (1962), 253 Iowa 1021, 115 N.W.2d 198, we disapproved of an ordinance which rezoned one corner of an interstate intersection light industrial and left the other three corners agricultural when all the land had been similar in use and was equally adaptable to light industry., Although Anderson v. City of Cedar Rapids (Iowa 1969), 168 N.W2d 739, 743- 745, is not strictly a spot zoning case as it involves the extension of a neighborhood shopping center, it contains language which expresses the modern approach toward shopping center zoning and the public bene - 0 M CITY OP- DAVZ1MRT •Iowa 559, Qltiss170NWla661. ,-r fits which result. We reaffirm the Ian such surrounding undeveloped property; and guage found; therein :without; repeating. it in fact, to;the surrounding_ developed prop-; _ here. erty'of similar R-5 classification. Nothing is shown by the evidence which lead to the We hold the reasonableness of ordinance conclusion that the rezoned tract is some - number 30600 is fairly debatable and that how distinguishable from the undeveloped the City Council of Davenport acted within R-5 area adjecent thereto, upon which re- proper legislative discretion.. The ordi- strictions are still maintained. It is neces- nance does not violate the spirit of the com- prehensive zoning plan. The council could sary to be able to draw such conclusion reasonably conclude it contributed to the from the evidence in order to justify any general welfare of the community. Area_ reasonable belief that the circumstances considered by the Council created a fairly sonable basis existed for differentiating be- debatable issue and the City acted in other tween the tract rezoned and the property than an arbitrary and capricious manner in located on the other three corners of the enacting the Ordinance. It is obvious that intersection. Therefore we hold the ordi- nance valid as the courts cannot substitute property as past the undeveloped R-5 ad - their judgment for that of the zoning au- jacent property left unchanged. It is equal- thority. ly obvious that such undeveloped R-5 land The judgment of the trial court is re- is as vulnerable to all the other variables versed and the injunction dissolved. considered by the City in passing the Ordi- nance. Reversed. MOORE, C. J., and LARSON, MASON, RAWLINGS, REES and UHLENHOPP, JJ., concur. BECKER, J., dissents. LeGRAND, J., takes no part. BECKER, Justice (dissenting). I respectfully dissent. Judge Havercamp's trial court opinion reaches the real issue here: "Ordinance Number 30,600 creates a C-1 Neighborhood Shopping Center District island completely surrounded by R-5 Single -Family Dwelling District. Addi- tionally, the Ordinance in rezoning this tract, segregates a portion of undeveloped R-5 land from other undeveloped R-5 land. The property rezoned by this Ordinance is similar in character, adaptability and use to "When one parcel or tract is singled out in an amendatory ordinance removing therefrom restrictions imposed upon the remaining portions of the same zoning dis- trict, there must be substantial and reason- able grounds for such discrimination. It is of primary importance whether this tract of land has a peculiar adaptability or is merely carved out of a similar tract or area equally suited to the requested reclassification. See Keppy v. Ehlers, Supra, 2.53 Iowa 1021, 115 N.W.2d 198. "The Court holds that the rezoning of this tract, irrespective of the fact that land adjacent thereto is likewise situated, con- stitutes an illegal spot zoning." There is little more to be said. Had the other land similarly situated been rezoned at the same time, I believe the action would have been legal. Absent such action this is clearly a case of discriminatory spot zon- ing. The trial court's judgment should be sustained. 7-2 Z7 a J IF c C, r fill lz t i•"/lYgi. .r• .(Q.y /, p:_�'J�i • % y.,. 7� ��FRO •i i/r ilfN%f1 ��� Cl A. Call to order by Chairman B. Roll Call C. Approval of Minutes 1. Meeting of October 24, 1974 D. Zoning Items 1. Z-7420. Ordinance amending Zoning Code regarding fence and shrub heights. Also includes amending Municipal Code Chapter 3.38, in particular 3.38.8.A. Council referral: 9/11/74. 2. Z-7421. Rezoning of tract of land, about 3/4 acre, R1A to Ml (vic. South Riverside Drive near inter- section with Highway 218 -- west of old landfill. Requested by Charles Walden. Date filed: 10/7/74. 45 -day limitation: 11/21/74. 3. Z-7422. Consideration of rezoning 13 lots in the Summit Street area, R3A to R2. The lots are in the Kauffman and Summit Hill Additions located along and adjacent to the intersection of South Summit Street and East Court Street south of Burlington Street. 4. Z-7423. Consideration of rezoning, R3A to R3, an area generally bounded by.Dodge, Burlington and Summit Streets and the CRI&P RR on the south and more parti- cularly as follows: A. All parcels_ on both sides of Governor Street from Burlington Street to Bowery Street excepting the parcels adjoining Burlington Street and including the two (2) parcels on the north side of Bowery Street east of Governor Street and the two (2) parcels on the north side of Bowery Street west of Governor Street. B. All parcelsonboth sides of Governor Street from Bowery Street to the CRI&P RR and including parcels in 155 feet on the south side of Bowery Street west of Governor Street. C. All parcels on both sides of Lucas Street rom Burlington Street to the CRI&P RR except parcels adjoining Burlington Street and including four (4) parcels on the north side of Bowery Street east of Lucas Street, 140 feet on the south side Bowery Street east of Lucas Street and all parcels on the north and south sides of Bowery Street west of Lucas Street extending to the centerline of the alley between Lucas and Dodge Streets. D. All parcels on both sides of Dodge Street between Burlington.Street and the CRI&P RR except parcels adjoining Burlington Street and including parcels on north side of Bowery Street to centerline of alley between Dodge and Lucas Streets and on north and south sides of Bowery Street to center- line of alley between Dodge and Johnson Streets. E. Other Items 1. C-7403. Letter from Dr. George R. McCormick concerning lot restrictions in multi -family zones. Council referral: 10/4/74. 2. C-7404. Closing of Madison Street between Washington Street and Iowa Avenue. Requested by University of Iowa. Council referral: 10/17/74. F. Discussion Items 1. Consideration of nuisances caused by C and M Zones contiguous to residential zones. Letter and petition enclosed. 2. P-7317. Proposed ordinance creating a University Zone (U). 3. P-7410. Proposed ordinance creating a Mobile Home Residence Zone (RMH). 4. Informal discussion of Melrose Lake area. 5. C-7405. Objections to prohibited signs and non- conforming signs in sign ordinance. Council referral: 11/6/74. 6. Mandatory dedication of park land. G. Adjournment - 0 Regular meeting -- November 14, 1974 0 El 0 SUBJECT: STAFF REPORT Planning & Zoning November 14, 1974 Z-7420. Ordinance amending Section 8.10.27.A FENCE REQUIREMENTS of the Zoning Code. Council referral: 9/11/74. STAFF In a staff report dated COMMENT: October 24, 19741 it was stated that the distance from a street right-of-way intersection to the intersection of setback lines on a corner lot is .71 of the required setback. While true, it was erroneously stated that "if the triangular space, therefore, were determined on the basis of a.diagonal line connecting two points measured the distance of the required setback divided by .71 from the street right-of-way intersection, a building would never protrudebeyond the distance at which a fence or a planting were prohibited (assuming the streets were perpendicular to each other)". Rather than dividing the required setback distance by .71, the required setback should be multiplied by two to produce the same effect. b IV�GIv�vrzr+■ ,. TO: Planning and 'Zoning Commission Attention: Don Madsen FROM: Iowa City City Council RE: Referral DATE: Ocotber 4, 1974 At their regular meeting on October 11 1974, the Iowa City Council received the attached letter from George McCormick. The motion was adopted to refer the letter to Planning and Zoning Commission for report back. Abbie Stolfus City Clerk �e Dear Sirs: I respectfully request a reexamination and hopefully a change of certain zoning restrictions which presently penalize some property owners in multiple -zoned areas and do not serve the intended purpose of preserving the character and charm of the neighborhoods in the old part of Iowa City but rather serve the opposite purpose of degenerating the old neighborhoods. Let me say first that I am not against apartments and I fully realized when I moved into my present neighborhood 6 years ago that it had been R3B for a number of years. I would prefer to see the older homes converted to apartments, thus keeping the original character of the neighborhoods from the exterior rather than seeing houses torn down to putup newer 6,9, or 12 plexes. I have no qualms with the square -footage restriction requirement needed for each unit (e.g. 750 ft2 per unit for R3B and 1,000 ft2 for R3A) nor do I have a complaint with the required 1 1/2 parking spaces off street to the rear or side of any building per rental unit. The following lot restrictions, however, penalize certain property owners and serve to devalue our property in this period of inflation. 1) Minimum lot size for multiple family use is 5,000 ft2 2) Minimum lot frontage must be 40 ft. 3) The house must sit at least 20 ft. from the front lot line, 25 ft. from the rear lot line, and 5 ft. from each side lot line. These restrictions should be deleated as they serve no useful purpose other than devaluating the property. Most of the older homes in the North end were built at about 10-15 ft to the front lot line, many lots in the middle of the blocks are 40 ft in width by 150 feet deep, and many corner lots had the back 75 ft. sold off many years ago. I can see the new; rules applied to areas now zoned Rl or R 2 which are now being changed to R3 or R3A or R3B, however, to make such stipulations on property located in areas zoned R3A or R3B 20 or more years ago merely means that a particular parcel is in reality spot zoned R1A in a block of apartments. As an example of the problem.I can use my 98 year old house, however, many others are in similar situations. The lot is 65 ft.X 7Sft. and the house sits 12 ft to the front line 12 feet to the rear line and from 10-12 ft, to each side line. The house could easily be converted to -a duplex with 5 rooms on each floor and 4 parking spaces to the rear -:of the house. If this were permissible 40 I could ask $35,000 for the house and at the same time its exterior would appear as it does today and add to the charm of the G only one The two-year lapse of use restriction for non -conforming use also penalizes those who purchase a multiple -use house and convert it to single family use. For, instance my house had been a rooming house for 40 years - if I had continued that use and made no improvements or repairs for the past 6 years I could today sell the house for at least $35,000. However, I restored the house to a single family dwelling, spent at least $10,000 on it and it has as a result been devalued to $18,000. I would urge you to consider such a rule that if a house in an R3A or R3B area was converted to single family use that its multiple use classificationbe maintained for sale purposes even though it were used for a nycmber of years as a single family unit. Hopefully this would encougage a better mixture of families and apartment dwellers in the area near the University. Currently most intelligent families are selling as quickly as possible and fleeing to the edges of town. I like living close in but will be forced to move to the edge of town because of the lossin equity and devaluation of the property. By changing the ordinance as I have suggested: 1) The developing of more large new apartment buildings in the old part of town would be slowed down as cheap devalued property would no longer be available. 2) A single family property owner in the old part of town would have the same opportunity for his equity to increase as does the owner in new parts of town. 3) The neighborhoods would retain their character and charm and 4) No property would decrease in value during this period of inflation unless it were purposely allowed to deteriorate. cc Ed Czarntki Planning and Zoning Sincerely. Dr. George R. McCormick 230 East Fairchild St. Iowa City, Iowa 52240 0 Commission SUBJECT: C-7403. Council referral in regard to a letter submitted by Dr. George R. McCormick concerning lot restrictions in the R3 District; date referred: 10/4/74. STAFF No general zoning regulations ANALYSIS: can be written which will absolutely apply in every situation. For this reason, a zoning ordinance will contain separate provisions for special exceptions to the general standards in unique situations or procedures for making application to a board of adjustment which has the authority to grant variances in the general standards or special exceptions in certain cases. If what may be described as a unique or peculiar situation becomes or exists as more common in character, then it is a question of the reasonableness of the general zoning regulations. It would appear in Dr. McCormick's case that the Zoning Code does contain special provisions to ameliorate the problem expressed in his letter dated September 27, 1974 attached hereto. Section 8.10.24.0 states: "any building that is in violation of the provisions of Section A above (area regu- lations) or of Section 8.10.23.A (yard regulations) on August 71 1962, may be repaired or remodeled provided such repairs or changes do not 'create additional violations of any part of this Chapter; Dr. McCormick states that his lot is 65 feet by 75 feet (4875 square feet) and the house sits 12 feet from the front lot line, 12 feet from the rear lot line, and 10 to 12 feet from each side lot line. The property is presently and was since 1962 in violation of the front and rear yard requirements and the area requirement since 20 feet is required for the front yard, 25 feet for the rear yard and 5000 square feet for a single family dwelling or rooming house (lodging or boarding house). Because the property is zoned R3B, there are no new violations created•if the house is remodeled to a duplex and actually one less violation if remodeled for not more than six multi -family units since the area per unit in square feet would become conforming. He must, in any case, conform to the parking provisions. The problems expressed by Dr. McCormick are more common than not and would be expected at any time a vast area of predomi- nately single family dwellings is rezoned for multi -family use. It could be argued, however, that it is not a case of the reasonableness of the zoning regulations but in the zoning classification itself. -Be it as it may, to reverse the zoning in much of the older areas zoned R3A or R3B to a single family zone would also create a multitude of problems. The City is, E therefore, confronted with a dilemma and the unavoidable I alternative of allowing special exceptions in such cases. It could also be argued that the area, lot frontage and yardage requirements do serve a useful purpose. They admittedly are to a certain extent arbitrary but insure that land is not overcrowded with buildings and structures and that adequate light, air and open space are provided for the health and safety of the residents. Philosophically then, if a single family dwelling, which is in violation of the area and yardage requirements initially, is converted to a multi -family dwelling, the rate of deficiency of open space increases pro- portionately. For this reason, the staff would suggest that certain revisions in the Zoning Code be made which would serve the dual purpose of ameliorating problems expressed by Dr. McCormick but provide for the retention of available open space. Two possible alternative revisions are suggested as follows: 1. A provision that if a single family lot in a multi -family zone is adjacent to multi -family dwellings on all sides within the block, then the single family dwelling may be remodeled to a duplex regardless of existing or resultant violations. 2. The establishment of ratios of building coverage to lot area in residential zones. Though a lot may be in violation of certain yards and/or frontage requirements, a single family dwelling may be remodeled to a duplex or multi- family dwelling if the ratio of building coverage can be complied with. STAFF RECOMMENDATION: including the above for possible exception section of the Zoning It is the staff's recommen- dation that a special committee be formed to review various alternatives revision of the special Code. TO: Planning and Zoning Commission Attn: Don Madsen FROM: Iowa City City Council RE: Referral r7 W JDUM = DATE: October 29, 1974 At their regular meeting an October 29, 1974, the Iowa City City Council officially received a letter from Dorothy Darling 323 Highland Drive, regarding the closing of Madison Street. The Motion was: adopted to refer the letter to the Design Review Board and the Planning and Zoning Commission. Abbie Stolfus City Clerk Ll E ��. _�/.-.•,�r .•-:.7. �C./-'% GI oiler., -=���1.-c:1t..��{:� ✓./-G1..2✓�,!/. " ���) . -` ` ✓_.> / � :": `��- v` _• ft -!/1 � � %.�J c.�✓-fit. �.r � /%�rr�las�ci -fNd% .mac+ r'-!.�+ ,L�iC ✓ C�J�...°d��r�%�`fL='£J � /�.�� %�1� �Glt✓�� ���'�._.�./ �.CL`' l��': ate. lt✓/ •sliL-7%./_!G-C/%-.G� �_ :lc�:C�'.<�= d/ �! �/Yi ,/.-^.c-✓ ..i�'.!: -.L.v. /•�t1%�r !!rf✓/elf--f s- Jam! a-.u_�� �LtL<..'% :-1�.�� _s_Z. � �� rti'c�i�+�_!! •_!-L %--�4 i t �! U..l: _Y -r•_ C.... _1_% �rL_�'7'� /_y..�-C1! 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This is currently permitted in a commercial zone. Existing now is a problem in a neighborhood of the Plum Grove Subdivisions 1. Debris such as cans, bottles, glaoses, broken glass and p%per are frequently found in back yards, front yards, and on nearby sidewalks and streets. 2. The noise from motor vehicles (especially high powered cars and cycles) "roving" their motors for several minutes and traversing the streets at an accelerated speed during most persons sloe hours, has resulted in telephone calls to the Lampli ter and to the Police. The loud music and shouting is also audible with windows and doors ® of homer closed.. j. Tho parking of cure in other than spaces provided by the tavern has resulted in a residential wooden fence broken by a vehicle backing into a space. There is no buffer zone provided at present on property next to the Lamp— lighter either direction. At times residents have had difficulty getting into driveways from the street due to cars parked too closely to drives. 4. The residential property has undoubtedly depreciated in resalo value. 5. There has been a lose of privacy in the adjoining; back yards and patio areas. 6. Drainage problems assumed causod by build up of hard surfaced lot resulting in a -"pool" partially into a residential yard. 7. A pet dog cut his foot on glass within his own fenced y.i.rd. A property owner received a cut finger while wearing gloves and cleaning accumulated debris from between residential fence and "fence" of tavern property. ® We ask that Immediate consideration be given to this problem before any further expansion or development of vacant or existing property be permitted. ® ' ` �7T 1 (' I co os' %'eo k uDI 20 • . . .0 . a • • . . . . . . . . . . . . • . • . . . . . . • • . . • . • • • • r ��rtii�:.F:. .� ..�D: �..�� 3. . ':�P:. C .............. y 4 . . is lf-1 �I• �. _ . ... ...................... 60 • • • •— • 0 • i • • • • • . • • • • • • • . • • . • • • • • • . • • • • • • • • r 7 • • • .� Ii • • . • • • • • • • • • . • • • • • • • . • • • . • . • . • • . 90 . . . .......� .... . • . . . . . . . . . as . . . . .. I %%LLs 11 1 STAFF REPORT ® Planning & Zoning November 14, 1974 LI CI SUBJECT: STAFF COMMENT: The subject ordinance as drafted is following: Commission P-7410. Proposed ordinance amending the Municipal Code to establish a Mobile Home Residence Zone (RMH). A proposed ordinance creating a Mobile Home Residence Zone is enclosed herewith for your review and consideration. intended to accomplish the 1. To place mobile home parks in a separate residential zone; currently they are permitted in only the Commercial District. 2. To establish requirements which give maximum flexibility in the design of a mobile home park. 3. To establish provisions which will permit a feasible park development, the reduced cost of which can be passed on to the mobile home residents, while requiring certain amenities for the benefit of the mobile home residents. The section of the ordinance pertaining to the extent of nonconformity of existing parks was not completed pending a discussion of policy. TO: Planning and Zo Attn: Chairman FROM: Iowa City City RE: Referral ning Commission Don Madsen Council DATE: November 6, 1974. At their regular meeting on November 5th, the Iowa City City Council received the attached letter from Mary Hartwig for the Chamber of Commerce concerning the Sign Ordinance. Also at the October 29th meeting a letter was received from William Sueppel on the Sign Ordinance. The motion was adopted that both letters be referred to the Planning and Zoning Commission. Abbie Stolfus City Clerk A dpwia City (02 C(iommcer=a. HOME _ P.O. BOX 673 OP -- I IOWA CITY, IOWA 32240 UNIVERSITY PHONE 337-4637 or IOWA ----VW-- November 5 1974 Mayor Czarnecki and The City Council Civic Center Iowa City, IA 52240 Dear Mayor and Councilpersons, As you were informed, by our representative, Mr. Leff, at your formal council meeting of October 22, 1974, a large portion of our membership is currently experiencing some .difficulties with the Sign Ordinance. As the situation now stands, there are forty three firms who are aware of the fact that they are in violation of the ordinance. The value of the private property involved here is $116,570. It must be borne in mind that these figures only include those members of the Chamber of Commerce, who are a- �are of their violations. It -should -also be remembered that the surface has just been cratched. These figures represent predominantly only those signs that are "prohibited", and must be currently removed, and say very little, if anything, about the magnitude of the problem when in September of 1976, all "nonconforming" signs must be brought into compliance. In our view, it is in 1976, that the current problem will grow in magnitude, perhaps two or three times.- As can easily be envisioned, by these figures, we see only the lip of the iceberg at this point. Bearing all this in mind the Board of Directors of the Iowa City Chamber of Commerce, would like to propose the following potential so- lutions to this dilemma. 'That the ordinance be amended .to -allow for a reasonable amortization period of at least ten years from the effective date of the ordinance, with regard to all signs -in violation Essentially, the suggestions above are a reiteration of the Chambers position over time. We endorsed and accepted, with few alterations, the proposal of November 4, 1970, from the committee chaired by Mr. Ambrisco. On May 24, 1971, then Chamber President, John Graham wrote to the Council endorsing the ordinance but making a recommendation for an inclusion of an enforcement provision. Mr. Graham again wrote the Council on September 17, 1971, endorsing the report of a Chamber T sub -committee, chaired by Mr. Lloyd Berger, that among other things, asked for roof signs not be deemed prohibited, suggested a ten year minimum life, �d a yearly review of the.ordinance as to its implementation and effective-., Mess. On June 12, 1973, Mr. Richard Burger personally came before the ACCREDITED CHI"%$ n no COOK-PCX The Chamber of Commerce, believes deeply in the concept of citizen input. We have always been, and always will be, ready, willing and able to co-operate with those things that are good for Iowa City. However, with regard to this particular or- divance, it seems the input from the segment of our community which we represent and incidentally the segment which is most directly involved, has fallen on deaf ears. We are willing to work with anyone to solve this problem. In the mean time, we ask for serious consideration oftthe suggestions herein, and urgently stress the need for immediate action on this matter. Cordially, Mary Hartwig President-elect In accordance wfkt Cl the Board of Directors E MEARDON,SUEPPEL,DOWNER & HAYES MARK T. HAMER THOMAS D.HOBART Honorable Edgar R. Czarnecki Mayor Civic Center Iowa City, Iowa 52240 Dear Mayor Czarnecki: TELEPMONE 338-9;22 AREA COOC 319 I am writing to you in support of the Chamber's position in connection with the Iowa City Sign Ordinance. Approximately eighteen months ago, I appeared at several of the formal and informal meetings when the Sign Ordinance was being considered and indicated at that time that I was representing a group of interested sign owners in Iowa City who were concerned about the direction that the Sign Ordinance appeared to be taking. I voiced two major concerns at that time: 1. That the Sign Ordinance did not provide for 'any administrative review and for that reason would place endless burdens on the City Coun- cil. 2. That the Sign Ordinance insofar as its amortization of noncon- forming signs was concerned was, in my opinion, unconstitutional under both thg federal law and the state -law based on federal and state cases. At that time the Council was persuaded that these matters were solved in some way and that they could proceed to pass the Ordinance. The prnhlems that are now arising in connection with the Sign Ordinance in- volve administrative headaches as to interpretation and enforcement. Innumerable interpretations and variances have been requested, all of which must be resolved by the administrator or else taken to the City Council. Furthermore, we are seeing only the tip of the iceberg as far as the problems are concerned because we are dealing at this time, only with the "prohibited" signs. The full effect of the ordinance will be apparent in two more years when the full prohibitive and regulatory segtions on nonconformity go into effect. I LAWYERS WILLIAM L.MEAROON WILLIAM F.SUEPPCL 100 SOUTH LINN STREET P09ERrN DOWNER IOWA CITY, IOWA 52210 JAMES P.HAYES JSMES O. MCCARRAOMSR October 29, 1974 THOMAS J. CILEK MARK T. HAMER THOMAS D.HOBART Honorable Edgar R. Czarnecki Mayor Civic Center Iowa City, Iowa 52240 Dear Mayor Czarnecki: TELEPMONE 338-9;22 AREA COOC 319 I am writing to you in support of the Chamber's position in connection with the Iowa City Sign Ordinance. Approximately eighteen months ago, I appeared at several of the formal and informal meetings when the Sign Ordinance was being considered and indicated at that time that I was representing a group of interested sign owners in Iowa City who were concerned about the direction that the Sign Ordinance appeared to be taking. I voiced two major concerns at that time: 1. That the Sign Ordinance did not provide for 'any administrative review and for that reason would place endless burdens on the City Coun- cil. 2. That the Sign Ordinance insofar as its amortization of noncon- forming signs was concerned was, in my opinion, unconstitutional under both thg federal law and the state -law based on federal and state cases. At that time the Council was persuaded that these matters were solved in some way and that they could proceed to pass the Ordinance. The prnhlems that are now arising in connection with the Sign Ordinance in- volve administrative headaches as to interpretation and enforcement. Innumerable interpretations and variances have been requested, all of which must be resolved by the administrator or else taken to the City Council. Furthermore, we are seeing only the tip of the iceberg as far as the problems are concerned because we are dealing at this time, only with the "prohibited" signs. The full effect of the ordinance will be apparent in two more years when the full prohibitive and regulatory segtions on nonconformity go into effect. I ® October 29., 1974 Page 2. One of the inequities which is being brought to the attention of the administrators at this time is that in the definition of "prohibited" signs, inexpensive pennants and banners are placed in the same category as signs costing $8,000.00 to $12,000.00. The situation in Iowa City today relative to the Sign Ordinance, is analogous to the situation involved in the National Highway Beautification Act during the years between 1965 when it was first adopted and 1969 when the law was finally changed to recognize the total administrative chaos that resulted from the initial bill. At that time, the federal government approved a grandfather clause which recognized that existing signs would not be restricted or prohibited (unless compensation was paid for said signs) and that all future signs would have to comply with the stringest-requirements of the Beautification Act. From that moment on, the various states began to come into compliance with the Federal Beautification Act and as a result, a vast improvement has been seen along our federal primary and interstate highway system ® I would like to suggest to you that the same changes in the Iowa City Ordinance would not only make this a workable ordinance now but would enable the City of Iowa City over a period of the next several years to bring about many changes in the sign patterns in this community. These changes would be accomplished with the goodwill of the business community and without the "taking_" of any property which could result in a demand for just compensation. I can also relate to you that the experience of cities such as Des Moines and Cedar; Rapids which have recently enacted or reenacted com- prehensive Sign Ordinances follows in the same pattern. The greatest good to be accomplished is the restrictions on future sign erection. The great.problems-and; controversies arise over the methods which the cities used to deal with nonconforming signs. The very concept of "nonconforming" signs involves the premise that the signs are legal and conforming up to the time that an ordinance is adopted. At such time they no longer conform to the ordinance. Clearly, we are dealing with.the question of prospective and retrospective legis- lation. Iowa law is clear in how these matters should be handled and there are several bench marks on the question of amortization of non - conformities in Iowa law which I believe must be followed. Finally, statistical evidence is available as to the average life of a sign so that this information could be made available to the Council in ® order to try and find an equitable solution to the problem of nonconforming signs. E L October 29, 1974 Page 3. I would like to suggest that those sections of the Iowa City Ordinance dealing with the amortization of nonconforming signs, either prohibitive signs or other nonconformingsigns, be amended by grandfathering in said signs subject to the usual restrictions found in any zoning ordinance, including the Iowa City Zoning Ordinance. Within a reasonable period these signs would be phased out. In this connection, I renew my.previous offer to the Council to work with the staff, with the City Attorney, and with the Chamber of Commerce in drafting such legislation as would accomplish this purpose. Thank you for your attention to this matter. I will be.happy to go into these matters more fully at an informal Council meeting or at an in- formal meeting set up by the Council if you desire. WFS/cw Very truly yours, rg , William F. Sueppel 0 w1l _ 1J HAYEK ®JOHN w 11AYEK C. PETER HAYfiK r7A7 tK,,:1'7AT t.IIiX �'IA.TI ATTORNEYS AT LAW 110 EASTMASHINOTON STREET IOWA CITY, IOWA 82240 Tho IIonorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 November 6, 1974 Ito: Mandatory Park Dedication and Comprehensive Planning Mayor and Council Members: At your request I have reviewed the existing City plans including the 1970 amended Burke report and also the existing regional plans to determine whether or not those plans would be sufficient upon which to base an ordinance for mandatory dedication of park lands. In my opinion the existing City plans are not sufficient for that purpose. As you know, the whole question of mandatory dedication in ® Iowa is very new and undoubtedly any ordinance passed by the City Council would be subject to litigation to test its validity. At the very least, it corny to me that in order to follow through on mandatory park land dedication the City needs to have a comprehensive plan which locates with sufficient detail and specificity the location, size, and nature of park lands and open spaces to be provided, along with information from which a reasonable "paymentin lieu of" schedule could be developed. Ak I have reviewed this question, by the way, with Mr. Wollmershauser and Mr. -Schmeiser of the.Planning Department and they are, I believe, in accord with the views set forth above. As indicated, I believe that further planning work must be done before a mandatory dedication ordinance .could realistically be considered by the Council. We will be happy to work together with the planning staff to develop the necessary plans at the appropriate time. I am sending copies of this letter to the Parks and Recreation Commission, Riverfront Commission, and Planning and Zoning Commission for their information. Respe tted, DRANDUM DATE: December 5, 1974 TO, City Council Members FROM: Dennis Kraft, Acting City Manager RE: Informal Council Sessions December 9, 1974 -- 4:00 P.M. (Monday) 1. Discussion of possible uses for old Post Office Building. 2. Discussion of process to appoint a new member to the City Council. 3. Policy Manual Review Discussions. December 10, 1974 -- 4:00 P.M. (Tuesday) 1. Discussion of the scope of a Comprehensive Plan for Iowa City. 2. Transit route discussion. December 11, 1974 -- 7:30 P.M. (Wednesday) Public Meeting on Housing and Community Development Act (Steering Committee sponsored). December 12, 1974 -- 7:30 P.M. (Thursday) Housing Commission Meeting regarding Elderly Housing Project Bids. December 16, 1974 -- 4:00 P.M. (Monday) Review of bids for Elderly Housing Project. December 17, 1974 -- 4:00 P.M. (Tuesday) No Council Meetings the week of December 23 - 27 December 30, 1974 -- 4:00 P.M. (Monday) Executive session to discuss appointments to various Boards and Commissions. December 30, 1974 -- 7:30 P.M. (Monday) Formal City Council Meeting. leiiAbbie,nl S" public Uif 6M 3- A I U 11 informal session on in the Con- r.-,Czarne6ki pre- t01�� : . a6prosse, David - K,, resent: raft n Ing -Conunission: ;use', of the Old dint -new'Council- cussion.- resented'the Re- terhatd�._uses forthe hd.status- of the t;the appiicatxon ;.,22nd. :Bid pro- ppiai�sa�l..for private rogramy.a�. Commun-, es -_- for .,:fundingi and CI scussed. Marilyn 'usingthebuilding rom.the'National i,4calledlattention nderson,, of the. ifying those, inter Dricdistricts and rnments..of a meeting 1 -that :,.two . persons =oncensus.of the, tempttolget an � study, -and send a C um:en t & t i on. in .g,a:new:Counci1mem- -eri criteria to be ime..';�available, con- coup's,,.questions uestions he' -general concensus 9th December ,,of turned in, to the 197.4,-. and a Ltizen:.questions E�tioo-'the' candidates - questioned if' nom'_ h e general In, E„ r- Counci %Discussio : F<_ December 9, 1974 = he. had addeddiscussion that.'the. wanted to in ;this,,type of for- s triad no 'been included s service; Ralston Creek, o the'`.Policy Manual would o date. Also .separate: ssions and on Planning iecded to not adopt the _ ed that the appraisals theast:Park property,' condemnation we would he.gUest on of street andards, Council advised formal meeting. rni.ng payment:: of child teer;ing. committee. for Council .discussed theIA ig a `precedent`, inclusion thoee,who.have no ;other ipa gn„ to ;have, ,employers adjourned at 6:10 P.M:._ ALTERNATIVE USES FOR THE OLD POST OFFICE BUILDING Iowa City, Iowa Johnson County Regional Planning Commission December 5, 1974 This report will present some basic information regarding the feasibility of purchasing the Old Post Office Building in Iowa City. The topics considered in this report include: (1) charac- teristics of the building, (2) feasibility considerations, and (3) discussion of five alternative uses of the building. Building Characteristics The site referred to as the Old Post Office Building is•located on the northeast corner of the intersection of Washington and Linn - Streets. The two-story building (with a full basement), has a total area of 28,563 square feet. The basement and first floor each encompass 105000 square feet, while the second floor includes an area of 8,000 square feet. The Old Post Office was originally constructed in 1904. In 1930 the building size was doubled and a new exterior was provided. In 1961 a new electrical system was installed. The boiler is in good condition, but the distribution system is considered ineffective and obsolete. The building does general office display area and storage uses. The first floor is basically open with two private offices and a large vestibule. The upper level is presently divided into private offices. Some of the basement area would have to be used for storage or similar uses because of a low ceiling height. The general characteristics of the building are shown on an attached copy of the building blueprint. It should also be noted that the building is of historical value. The State Historical Society of Iowa has indicated that the Old Post Office Building is a potential candidate for inclusion in the National Historical Register. If accepted as a national historical building, the building would be eligible for stabilization funds. Feasibility Considerations There are three basic factors affecting the feasibility of purchasing the Old Post Office Building: Cl) the planned use of the building, (2) the purchase price and renovation costs, and (3) the aesthetic and historical value of the building to the community -at - large. L A. Planned Use --One of the most important factors affecting purchase is the possible future use of the building by the Iowa City community. Possible uses include a cultural center or a center for quasi -public agencies. These and other alternatives will be more extensively discussed later in this report. B. Purchase Price, Renovation Costs and Operating Costs -- These costs will have a primary influence on the feasibility of purchasing the building. At this time, none of these details are available. If the City or County elects to submit a "Letter of.Interest" in acquiring the building, a detailed analysis of these issues can be provided. The General Services Administration will not release the appraised value of the property until after the letter of interest is submitted. C. Other Considerations' --There are other factors which should receive attention in deciding whether to purchase the . building. The State Historical Society indicates the Old Post Office possesses aesthetic and historical signi- ficance for this area. Therefore, if a feasible use of the building can be found, the Post Office could be a valuable historic site. The preceding paragraphs present some factors which may affect the decision to purchase the Old Post Office. At this time, it is impossible to make a determination of the feasibility of acquiring the building. Only after the City Council and community -at -large determine possible uses and once the total costs are known, can a thorough feasibility study be made. Alternative Uses The final section of this report will describe alternative uses for the Old Post Office Building. Five alternatives will be discussed: center for quasi -public agencies (alternatives I and II); cultural center; joint law enforcement center; and miscellaneous uses. Two alternatives for relocating quasi -public agencies are presented. The first alternative considers those agencies which can be characterized as service -delivery agencies. The second alternative considers those agencies which can be characterized as the general office type. The general concept envisioned here is to provide imporved convenience to the clientele and additionally to achieve improved coordination between the agencies. Alternative I: Quasi -Public (Service Delivery Agencies) Quasi -public agencies under this category might include: HACAP Hawkeye Legal Aid Society Mayor's Youth Employment Community Mental Health Area Agency on Aging Problem Drinking Center Johnson County Red Cross The distinguishing characteristic of these agencies is that their staff directly interacts with many citizens of this community. There appears to be potential benefits in locating these agencies together in a convenient location. The basic concept is to provide a center of services that will serve low and moderate income residents. Alternative II: Quasi -Public (Office -Type Agencies) Quasi -public agencies under this category might include: United Nay Goodwill Systems Unlimited Chamber of Commerce Johnson County Regional MidEastern Council on Alcoholism Planning Commission ECIARPC While detailed space analyses of these agencies has not been pre- pared, the general concept is to provide a convenient and improved space for each of these agencies. If this alternative is selected, the participating agencies could negotiate with the City for leased space. Alternative III: Cultural Center Many cultural -type services are provided in the Iowa City area by various non-profit organizations. The concept envisioned in this alternative is to provide a central location for these functions. Activities and organizations which might be included in this alternative are: Municipal Art Museum Children's Interpretive Museum Iowa City Community Theatre Iowa City Geneological Society Public Meeting Rooms Municipal Auditorium Recreation Craft and Activity Center Senior Citizens' Center 2 ; y • Alternative IV: Joint Law Enforcement Center Another suggested use of the Old Post Office is to utilize the building as a Joint Law Enforcement Center. While a detailed feasibility study of this question has not been undertaken, the Johnson County Regional Planning Commission has consulted with an architect from. the National Clearinghouse of Criminal Justice Planning and Architecture. Subsequent to a tour of existing facilities, as well as the post office, the consultant stated that he felt the building would be prohibitively expensive to renovate, and that the usable space in the building did not appear adequate for a joint law enforcement center. If a more defir•itive response to this alternative use is desired, this can be accomplished through the architectural work as provided by the "Joint Law Enforcement Center/Architectural Study." _ Alternative V: Other Uses In this final alternative, the Old Post Office Building would be used for a variety of purposes. Two uses will be outlined below: A. Storage --As mentioned previously, some of the basement of the building is not suitable for office space. Therefore, either some or all of the 10,000 square feet in the basement could be used for storage of the City's old records and equipment. Additional record storage space would also be available on the second floor. B. The first floor of the building is divided into large rooms, making it ideal for use as public meeting rooms. These rooms could be available to civic groups and other quasi -public groups which need large rooms for public meetings. ���.�� _=•`�._..—_�.�. ....sem•.. ��-��;•� .r •...n• t _ � i ..in. .• • t: n > r �� •int ii - - r.--� � � � = ..+tom; i •. I l_`_ -, D t�_.� �� _�mac �`3 . ` • El - .. - D •� i r �j O 6�swultir�nl - ' AN I �` t I I y tai i �. i'9 Trr t+ i C i 77 I T Ta N —1 Cy �•��_w'-yam± ['=�4=7' l l __ _ � � b=1 Y i RIO n i Fr' F � I }• ' , A � o 1 ' a ? � 0 n 7) C 2i O Y • I ° ^' D p Cy ADRIAN D. ANDERSON. DIRECTOR HISTORIC PRESERVATION OFFICER FROM: STATE HISTORICAL DEPARTMENT OF IOWA Division of Historic Preservation TO: All those interested in preservation legislation for historic places in Iowa. RE: Historic Preservation Legislation (historic district ordinances, etc.) Symposium. The Division of. Historic Preservation invites you or Your selected representative to participate in a symposium on the subject of historic preservation legislation. It will be held December 10, 1974, 9:30 a.m. to 1:00 p.m. in the Grant Wood Room of the Iowa Memorial Union at the University of Iowa, Iowa City, Iowa. This meeting is intended to bring together all persons or groups in Iowa having an interest in legislation pertaining to historic districts and other preservation undertakings by local governments. We hope that by sharing ideas about these mutual concerns, we will explore all possibilities for preservation legislation on the state and local levels in Iowa. Please respond by calling or writing the Division of Historic Preservation (Lowell J. Soike or Elisabeth A. Foxley) for this very important DECEMBER 10, 1974 meeting. No registration fee is needed; no lunch will be provided but coffee will be available. Sincerely, Adrian D. Anderson, Director State Historic Preservation Officer B.13 MAC LEAN HALL.IOWA CITY. IOWA 52242 TELEPHONE 31 9-353-6949 /31 9.353-41 86 r {•. r = _INFORMALiDISCUSSION' IDECEMBER 10;,197.4 .. . 4;00 P,;M, r= 4, ityi City, Council met in',. informal session �f cember,` ;1-9714,in.-.----,the:.Conference ^ Center. Mayor .Czarnecki presiding. f:_ resent ;;,Czarnecki; Davidsen, deProsse, :55' P.MX.;) Staff members: -present:' Kraft, z. Pugh, Wollmer'shauser, Morris, Zelenka: �. ,-' Hingenberg, Lynch. announced discussionof'.: •' 1)''the ;scope of - e Plan, 2) Transit route discussion. _ z. y:Manager Dennis Kraft .stated that transit - changed=sfor'ahe peak period of; Jan 26th Tr{ansit'Superinterident`Steve Morris e three,Uease.d' bu-Sewould be used, one oute, but not: on` he North .Dubuque: sections akeside BonAre Route which ;'would be an oowntown'"_area. ' Mr._ Kraft requested" no park- s{of Oakcrest 'for -4 east o.f Sunset to urning of the buses. necks announced that Guy -Birch of the HUD med" hunt :that ;'Iowa" City'.g , entitlement Housing and4Commuri ty•<,Development Act raisedfrom $452,000 to 2',060,000 a year period:_- _ i ,> caTled`!attention.to what she Comprehensive ty:'deta ls._`He.discussed various elements uding the Land Uge Parcel survey, the'. valuation of :population;:,data:using eight ileo wihl beklooking at inventory; of polieyi_formulati'ons, social, and -econ- iloymentcharacterisitce,:commercial areas; t, Ralston Creek,a'University and, finally ordinances as implementation devices. - d`=inclusion }of a <Human Study --as Zan _Needs �1sn, along with the specific input Council �n -addltlbz to generzll ;goals„ noting that o have input early in,the process. Mr. it a detailed, -study design:would,require ,;and presented a `sketch-` of the reorganiza-� irtnent;of�Communsty Development,;wsth ,ssistant Director; a snior=planner, an m'and a''glanning :technician: ♦ "t � 2 Jj Page; 2 Council :then: disc Johnson County.Regibna] access"iblity;of two p] team or : task force " was- in the study designpr- Councilmembers;,--repress Regional.PlAnning Comm] and members of -,,city del Don' Madsen,_>_Chai sion, ,agreed hat :the =;( of A. Comprehensive `Plai grams could :be separate attention to ._,regional,-, Director, of: "Johnson' .Col stated that the aino"uni important .because for :i would be,:'needed to;;mak� he _would :work to see a; served all•.Jurisdictioi staffs being in:the`.°sai Mr Kraft asked . identified in --,the .budg and ::fob descriptions, task 'force would be ;coi Kraft; and their -first tions needed.: The Mayor advise merit ;would be"'a work Along, with discussion,`: session.` Meeting ,ad'j — 3ar. i'-Y.R si; sed,-' the lanr ing u►ing� st iggested !ss,.whi :ative`s cion .'th :tments 3n_ of ;-P1 nmi s s.i"on and in s from ;Hu �licatic ty Regic nent;_of re oppo thel be t a plarini He a] bu"ildir he cou7 AftA ling and Zoning Commis- intirially needs elements opinion 'none of the pro - i_ -Needs; and ;called Bob. Hilgenberg_, L Planning Commissiono, entitlement monies.was iities more information Bdicions advising that incorporated, as he commented on both planning advertise -for the staff iscussion of -:advertising :d that the preliminary zarnecki, deprosse and ald`.be 6ri the ;job descrip iew of the legal. depart- nformal agenda -on, the 17th of" land; at An executive 0 PM.