HomeMy WebLinkAbout1973-04-03 Bd Comm minutesMEMBERS ABSENT: Galiher, Henry
STAFF PRESENT: Wollmershauser, Lambert, Bonnett, Child
Chairman Madsen called the meeting to order and asked if there were
any corrections to the minutes'of the March 14, 1973 special meeting.
It was moved by Mrs. Davidsen and seconded by Mr. Mulford that the
minutes be approvedaswritten. The motion carried unanimously.
Z-7301. Edward W. Thomas Rezoning Request (Vic. north of intersection
of Mormon Trek Boulevard and eastern extension of"Rohret Road) R1A to
R2. Filed: "3/1/73. 45 -day Limitation: 4/14/73.
-Chairman'Madsen indicated that this request had been discussed at
the informal meeting on Tuesday and that the Staff recommended denial.
He suggested 'that the, Commission might favorably consider an RIB
request,'
Mrs. Davidsen stated that she would like to see the.area developed
appropriately and felt ;a Planned Area Development would seem more
feasible if duplex housing was wanted, Dr. Beasley indicated that
he is generally opposed to rental property in that.area.
Mrs. Davidsen moved, seconded by Dr. Beasley, that the Commission
recommend denial of the Edward W. Thomas rezoning request, R1A to R2.
Commissioners expressed a willingness to consider a request for RIB
at some future time. This would be consistent with some of the
surrounding property which is presently zoned RIB. The motion carried
unanimously.
Z-7302.- Fanny Duffy Rezoning Request (Vic. N.W. corner Orchard Street
and West WesBenton Street) RIB to C2. Filed: 3/7/73. 45 -day Limitation:
Z-7303.- Everett R. Snider Rezoning Request (Vic. 4th & 5th lots
northwest of the intersection of Orchard Street and West Benton
Street? from RIB to C2). Filed: 3/14/73. 45 -day Limitation:
4/28/73.
Mrs. Fanny Duffy explained that she would like to sell the property
and the potential buyer would like the land rezoned to C2.
Several owners of property contiguous to the area spoke against the
rezoning. Mr. Meryl Trummel, 314 West Benton, submitted a petition
with approximately 30 signatures opposingthe rezoning. Some of the
reasons for opposition were: ---I) Once a change would be made in
Orchard Street, there would be no natural boundary, 2) It is an
established residential area, 3) Property owners would have no
I
110
Chairman Madsen pointed out that the zoning request is for commercial
zoning rather than an increased density residential zoning. He
explained that the Commission has recently resisted additional
commercial zoning in that there is still commercial.land available,
some of which is within a very close distance of the property in
question. There is, he said, the question of wisdom of increasing
the amount of commercial zoning while reasonable amounts exist
unuse .
Dr. Beasley indicated that something less than RlB may.be warranted
-- possibly something intermediate between residential single family
and commercial. Mr. Mulford concurred. Chairman Madsen pointed
out that there is a buffer.zone north of the property where there
is, in fact, R3 zoning adjacent to the commercial zoning.
Mrs. Davidsen stated that she would not agree to commercial zoning
in this area nor high density zoning until the traffic situation
was resolved. Perhaps later some step-down zoning could be granted,
she said, but certainly notat this time.
Chairman Madsen explained that once an area is rezoned, you have to
be ready to accept the uses.permitted under the zone. He asked the
Staff to give the square footage required for residential zoning.
Mr. Michael Lambert gave the following figures:
R3B zoning will permit apartments up to 58 dwellings per acre.
R3A zoning permits apartments to.43 dwellings per acre.
R3 zoning permits apartments up to 14 dwellings per acre.
R2 only permits duplexes and 14 dwelling units per acre.
RlB permits only 7 single family units per acre.
RlA permits only 4 single family dwelling units per acre.
It was moved by Mr. Mulford and seconded by Mrs. Davidsen to defer
the Fanny Duffy rezoning request until the next meeting. The motion
carried unanimously.
It was moved by Mr. Mulford and seconded by Mrs. Davidsen to defer
the Everett R. Snider rezoning request until the next meeting. The
motion carried unanimously.
5-7302. Preliminary Plan for a Large Scale Residential Development
for Braverman -West (vic. southwest of intersection of Benton St. and
Mormon Trek Boulevard). Developer: Mace Braverman. Engineer: Shive,
Hattery & Associates (Jim Shive). 45 -day Limitation: April 14, 1973.
Mr. Shive stated that City Engineer George Bonnett expressed ten
objections, five of which Braverman -West made modifications in order
to comply. The other five objections were:
4
assurance
of the kind of
use permitted in a C2 zone,
4) Increased
traffic
problems, and 5)
Property devaluation.
•
Mr. Bob
Bender, Darling-Ben"der Realtors, stated that
he felt the
present
zoning is too restrictive to the area and theroperty
is
not very
good for single
family dwellings. He would,
�herefore,
hope that
a more liberal
zoning could be extended west
of orchard
Street.
I
110
Chairman Madsen pointed out that the zoning request is for commercial
zoning rather than an increased density residential zoning. He
explained that the Commission has recently resisted additional
commercial zoning in that there is still commercial.land available,
some of which is within a very close distance of the property in
question. There is, he said, the question of wisdom of increasing
the amount of commercial zoning while reasonable amounts exist
unuse .
Dr. Beasley indicated that something less than RlB may.be warranted
-- possibly something intermediate between residential single family
and commercial. Mr. Mulford concurred. Chairman Madsen pointed
out that there is a buffer.zone north of the property where there
is, in fact, R3 zoning adjacent to the commercial zoning.
Mrs. Davidsen stated that she would not agree to commercial zoning
in this area nor high density zoning until the traffic situation
was resolved. Perhaps later some step-down zoning could be granted,
she said, but certainly notat this time.
Chairman Madsen explained that once an area is rezoned, you have to
be ready to accept the uses.permitted under the zone. He asked the
Staff to give the square footage required for residential zoning.
Mr. Michael Lambert gave the following figures:
R3B zoning will permit apartments up to 58 dwellings per acre.
R3A zoning permits apartments to.43 dwellings per acre.
R3 zoning permits apartments up to 14 dwellings per acre.
R2 only permits duplexes and 14 dwelling units per acre.
RlB permits only 7 single family units per acre.
RlA permits only 4 single family dwelling units per acre.
It was moved by Mr. Mulford and seconded by Mrs. Davidsen to defer
the Fanny Duffy rezoning request until the next meeting. The motion
carried unanimously.
It was moved by Mr. Mulford and seconded by Mrs. Davidsen to defer
the Everett R. Snider rezoning request until the next meeting. The
motion carried unanimously.
5-7302. Preliminary Plan for a Large Scale Residential Development
for Braverman -West (vic. southwest of intersection of Benton St. and
Mormon Trek Boulevard). Developer: Mace Braverman. Engineer: Shive,
Hattery & Associates (Jim Shive). 45 -day Limitation: April 14, 1973.
Mr. Shive stated that City Engineer George Bonnett expressed ten
objections, five of which Braverman -West made modifications in order
to comply. The other five objections were:
■
1
■->
E.
2. Section 9.50.5.4c requires intersections to be between 80° and
100`. The 1/2 cul-de-sac should not be allowed as it will create
a traffic hazard.
3. Section 9.50.5.4.f requires crosswalks where curved streets
require excessive out of distance travel. A crosswalk should
connect each cul-de-sac.
4. Chapter8.10.3.47 defines a lot as fronting on a public street
or an approved place. The D.E.A.'s do not provide this frontage.
5. Section 9.60.6 limits driveways to 24' in width. The parking areas.
adjacent to the public ROW will create a hazard and should not
be allowed
Chairman Madsen indicated that approval would mean that the Commission
is granting a variation allowing driveways tobe30.''.in width ,with a
minimum of 10' between them.
After -discussion, -it .was moved by.br.lBeasley and seconded by Mrs.,
Davidsen, that the Commission recommend to the City Council approval
of the Preliminary Plan for a Large Scale' Residential Development'
for Braverman -West.
Mrs. Davidsen made the following comments: The Commission, Developer.
and Staff have devoted a tremendous' amount of.time relative to the
Braverman -West request and the time devoted was in good faith. All
concerned tried to work out the problems that occurred.- She suggested
that ;in the future the developer be motivated to submit their
criticisms as it would be helpful to all.
She also stated that she did.not feel her role on the Commission is
or should be that of an Engineer. She indicated that the Commission's
purpose is to decide in planning'and zoning matters what is best for
the community, and felt the Staff should be responsible for the
engineering aspects of the plans.
Chairman Madsen commented that the Commission is recommending some
exceptions without a; great deal of enthusiasm. He indicated that
there has been some misunderstanding as to what constitutes a hardship.
The Commission, he said, should be careful about spelling out what
a hardship is and suggested the possibility of recommending a change
in the Ordinance as to what constitutes a hardship.
The motion carried unanimously.
Mr. Bruce Glasgow presented for Commission consideration a proposed
development for the area east of Dartmouth Street and north of Court
Street. He indicated that he will be submitting this as a subdivision.
It was moved that the Report of the Special Subcommittee on Attached
:e
_4_
Buildings of the Planning
& Zoning Commission, submitted by Robert
• B. Ogesen and Penny K.'Davidsen
on March 1, 1973, be submitted to
the City Council with the
recommendation that the Council.proceed
the goals
to develop changes in ,the
Ordinance which would implement
as outlined in the Report.
The motion carried unanimously.
The meeting adjourned.
Ric ar E. Wol ershauser
in absence of
Lyell Henry, Secretary
February 28, 1973
Iowa City Planning & Zoning Commission
Civic Center
Iowa City, Iowa 52240
Re: Request for re -zoning Edward W. Thomas
property from R1A to R2, appropriate pro-
perty located on Mormon Trek Road in Iowa
City, Johnson County, Iowa
Dear Chairman & Members:
I, the undersigned, Edward W. Thomas, do hereby petition your Com-
mission and apply for re -zoning from R1A to R2 of the following described
real estate located on the Mormon Trek Road in Iowa City, Johnson County,
Iowa, and more specifically described as follows:
The SW1/4 of the NE 1/4 of the SW 1/4 except the E 30'
feet thereof and except beginning at a point on the W line
of NE 1/4 SW1/4, Sec. 17,', Twp. 79 N, R. 6 West of
5th P. M., said point being 663. 11 south of NW corner
NE 1/4 SWI/4; thence S 890 441 E 333. 01; thence south
350. 01; thence N 900 161 W 333.07; thence north 350. 0'
to the point of beginning, containing 2. 67 acres of said
tractearlier deeded to Iowa -Illinois Gas & Electric Com-
pany for a sub -station, all in Section 17; Township 79
North, Range 6 West of the 5th P. M.
That as stated above, the property is located on Mormon Trek Road and
is adjacent to and east thereof. To the south of the property is other
property owned by your petitioner, Edward W. Thomas. To the east of
the property is located the new park land purchased from Mr. Thomas by
the City of Iowa City, Iowa. To the north of said property is property
owned by a Mr. Barber located on the corner of Mormon Trek Road and
West Benton Street in Iowa City, Iowa.
F� LIE. D
MAR 1 4973
ABEIE STOLFUS
3�� CITY Cl ERK
Revised Legal Description
February 26, 1973
Iowa City Planning & Zoning Commission
Civic Center
Iowa City, Iowa 52240
Re: 1Zequest for re -zoning Edward W. Thomas
property from RIA to R2, appropriate pro-
perty located on Mornion''rek Road in Iowa
City, Johnson County, Iowa
Dear Chairman & Members:
I, the undersigned, Edward W. Thomas, do hereby petition your Com-
mission and apply for re -zoning from R1A to R2 of the following described
real estate located on the Mormon Trek Road in Iowa City, Johnson County,
Iown, and more specifically described as follows:
The SWI/4 of the NE 1/4 of the SW 1/4 except the E 30
feet thereof and except beginning at a point on the W line
of NE 1/4 SW1/4, Seca 17, Twp. 79 N, R. 6 West of
5th P.M., said point being 663. 1' south of NW corner
NE 1/4 SWI/4; thence S 390 441 E 333.01; thence south
350. 01; thence N 900 161 W 333.01; thence north 350.01
to the point of beginning, containing 2. 67 acres of said
tract earlier deeded to Iowa -Illinois Gas & Electric Com-
pany for a sub -station, all in Section 17, Township 79
North, Range 6 West of the 5th P. M
That as stated above, the property is located on Mormon Tref: Road and
is adjacent to and east thereof. To the south of the property is other
property owned by, your petitioner, Edward W. Thomas. To the east of
the property is located the new park land purchased from Mr. Thomas by
the City of lova City, Iowa. To the north of said property is property
owned by a Mr. Barber located on the corner of b•iormon'Erek Rond and
West Benton Street in Iowa City, Iowa.
3 72
IAAR 1. 'r 1973
ABBiS G1.FUS
CITY CLERK
/ w Ire
0
February 28, 1973 I� itiAR 1 1973
CITY CLERK
Iowa City Planning & Zoning Commission
Civic Center
Iowa City, Iowa 52240
Ile: Request for re -zoning Edward W.
Thomas property from R1A to R2,
appropriate property located on
Mormon Trek Road in Iowa City,
Johnson County, Iowa
Dear Chairman & Members:
I, the undersigned, Edward W. Thomas, do hereby petition your
Commission and apply for re -zoning from RIA to R2 of the follow-
ing described real estate located on the Mormon Trek Road in
Iowa City, Johnson County, Iowa and more specifically described
as follows:
The SW 1/4 of the NE 1/4 of the SW 1/4 except
the E 30 feet thereof and except the NW 2. 67
acres of said tract earlier deeded to Iowa -Illinois
Gas & Electric Company for a sub -station, all in
Section 19, Township 79 North, Range 6 West of
the 5th P. M.
That as stated above, the property is located on Mormon Trek Road
and is adjacent to and east thereof. To the south of the property is
other property owned by your petitioner, Edward W. Thomas. To
the east of the property is located the new parkland purchased from
Mr. Thomas by the City of Iowa City, Iowa. To the north of said
property is property owned by a Mr. Barber located on the corner
of Mormon Trek Road and West Benton Street in Iowa City, Iowa.
■
nucause of the fact tnat this property is located around and adjacent
to the Iowa -Illinois sub -station, the most proper use of the property
would be. for R2 zoning use instead of its present RIA use and the
undersiged respectfully requests that said Petition and Application
for re -zoning be set for hearing before your Commission at your
very earliest convenience and as soon as the business of your
Commission will permit.
Respectfully submitted,
Edward W. Thomas
February `s8, 1973
Iowa City Planning & Zoning Commission
Civic Center
Iowa City, Iowa 52240
Re; Request for re -zoning Edward,�I
Thomas property from R IA to R 2,
appropriate property located on
Mormon Trek Road In Iowa City,
Johnson County, Iowa
Dear Chairman & Members;
ED!.1973
S i0LFUS
CITY CLERK
1, the undersigned, Edward V.. Thomas. do hereby petition your
Commission and apply for re -zoning from RIA to R2 of the follow-
ing described real estate located on the Mormon Trek Road in
Iowa City, Johnson County, Iowa and more specifically described
as follows;
The S1j 1/4 of the NE 1/4 of the Sv" 1/4 except
the E 30 feet thereof and except the NW 2. 67
acres of said tract earlier deeded to Iowa -Illinois
Gas & Electric Company for a sub -station, all In
Section 19, Township 79 North Range S V. est of
the 5th P. M.
That as stated above, the property is located on Mormon Trek Road
and is adjacent to and east thereof. To the south of the property is
Other property owned by your petitioner, Edward V , Thomas. To
the east of the property is located the new park land purchased from
Mr. Thomas by the City of Iowa City, Iowa. To the north of said
property [s property owned by a Mr. Barber located on the corner
of Mormon Trek Road and West Benton Street In Iowa City, Iowa,
Iowa City Planning & Zoning Commission •
Page 2
February 28, 1975
Because of the fact that this property is located around and adjacent
to the Iowa -Illinois sub -station, the most proper use of the property
would be for R2 zoning use Instead of its present RIA use and the
undersigned respectfully requests that said Petition and Application
for re -zoning be set for hearing before your Commission at your
very earliest convenience and as soon as the business of your
Commission will permit.
Respectfully submitted,
Edward W. Thomas
ATTACHED BUILDINGS
OF THE PLANNING AND ZONING COMMISSION
Submitted: by Robert B. Ogesen
and Penny K. Davidsen
March 1, 1973
In September, 1971, a special subcommittee of Commission
members was appointed by the Chairman of the Planning and
Zoning Commission. The formation of the subcommittee was
made onthebasis of a'referral from the City Council. The
subcommittee's charge included the responsibility for a-review
and,analytogether. of: the current practice of attaching buildings
together.
BACKGROUND
A somewhat extraordinary construction technique is
currently utilized by local builders and contractor
intensive development of coms in the
paratively small sites: This
method of construction involves the attachment, by various
devices, of two separate buildings, to form one continuous
building. Attachment
the followdevices include, but are not limited to,
ing:
1. Wooden 'beams
2. Breezeways
3. Foyers
4. ,Lattice work
5. Open stairways
6. Roof extensions
This practice of attachment of buildings is most prevalent in
R3A and R3B;Zoning districts near the CBD.
The primary problem which has evolved from this practice
is directly related to the form and type of theattachment
"mechanism." In many instances the connection joins an older
residence (possibly remodeled to apartments) with new multi-
family units. Often the attachment devices are not functional
at, all; frequently, they are not aesthetic. The predominant
fact that the structures are so dissimilar in age and type of
• construction usually leads to a result that is not an asset
to the neighborhood.
•
Page 2
GENERAL RATIONALE FOR ATTACHING BUILDINGS
The primary reason for the practice of attaching buildings
1-9 generally economic in nature and specifically involves the
maximum utilization of land development at the lowest investment.
More realistically, this practice allows the placement of a
maximum number of units on a typical lot.
IDENTIFICATION OF TYPICAL SITE FOR AND
PRACTICALEFFECTS OF ATTACHMENTS TO BUILDINGS
A typical single family dwelling, in moderate repair, in
the R3A zoning district near the urban core, may be cited as
an example of the nature and effects of the technique of
using attachments to buildings The area of a lot 80' x 125'
or 60':x 150', for example, is 9,000 square feet.. Area:require-
ments in Section;8.10.24(A)"of the Zoning Ordinance require a
minimum of 5,000, square feet for a single family dwelling in
an R3A zone. However, only 1,000 square feet are required
for each multiple.dwelling,use in the R3A zone.' Ordinarily,
the lot, because of the e,,zoning.requirements,.could accommodate
only ;the single familydwellin
units (4,000). The use of an "attachmentPdevice" betweenlly the
single family dwelling and a multi-unit addition alters; the
status of the type of structures as well as,the:density or
square footage requirements:per,dwelling unit. 'This Ireconstituted
multi-family structure meets the requirements of the Zoning
Ordinance in Section 8:10.24(A) of only 1,000 square feet per:
dwelling unit. Thus 9_multiple dwelling,units would be„permitted
by conversion to one multi-family structure. Further, the
owner or developer is obliged to connect the old and new
structures in order to (1) legitimize the use of the converted
structure, and (2) conform with the Area Requirements of the
Zoning Ordinance.
SPECIFIC REASONS FOR ATTACHING BUILDINGS
There are 6 basic reasons for the attachment of new multi-
family units to older single family' structures.
1• Platting Ori ins - Previous patterns of land platting
have contributed, in a most direct way, to the origin and
continued practice of attaching buildings. Historically,
the older town was laid out in 80' lot widths. Frequently,
people built their home on either side of ,the lot leaving the
remaining 40' open. Currently, there are owners who wish to put
• a multi-family structure on the remaining "halved” lot with a
40' frontage. They are prohibited from doing this by the
current zoning regulation in Section 8.10.24(A) which requires
2. High Value of Existing Structure - The original or
existing structure often retains a high value. This high
value can be attributed to close in location to the center of
town, good maintenance, improvements.or conversion to multi-
family use. It, is, therefore, not feasible to demolish the
olderstructurein view of its 'continued profitable use,
especially with an attachment of a building addition.
3. Circumvention of Requirements of Zonin Ordinance -
Section 8.10.5(A)(7) of the Zoning -Ordinance stipulates the
followings
"Every building hereafter erected or structurally
altered shall be located on a lot as herein defined,
and there .shall not be more than one main building on
one lot unless otherwise, provided in this Chapter."
Additionally Section 8.10.23(B)(8) provides the following
requirement:
"There may be two or more related multi -family hotel,
motel, or institutional buildings on a lot;P rov'
ided
that (a) the; required yards be maintained around the
group of buildings,, and (b) buildings shall be
separated by'a horizontal distance that is equal to
the height of the hih n
g est building.
The_.connection of an "addition"to an existing' building by an
attaching mechanism is meant to insure compliance with
Section 8.10.5(A)(7); it alsoservesto circumvent the;
requirement of Section 8.10.23(B)_(8). ,By the connection of
buildings into ,one structure, the developer or owner not only
avoids compliance with the above ordinance requirements, but
in doing so, acquires a premium of additional space for building
and parking.
4. Reduced Parkin[on-conforming Use -
Section 8.10.2C states t e o owing provision:
"Existing buildings not complying with off-street
parking requirements may be remodeled, repaired and
structurally altered but any enlargement except as
otherwise' stated in sub -paragraphs 2 and 5 (churches -
hospitals) of Section A, must provide the required parking
spaces for said enlargement."
This means that any enlargement (i.e. new addition to a building
by an attachment device) must meet the parking space requirements
Page 4 .
of one space perlivingunit as set forth in the current
zoning ordinance. In many instances,
however, the older
single family use may have been converted
to a multi -family
use before the adoption of the
current parking space require-
ment. A substantial saving in parking space
and subsequent
financial return is afforded through the
use of an attached
building to the, original structure, rather than the demolition
of the old structure
and the erection ofa new building which
would then require one parking, space
per dwelling unit.
5. Im rovements b Homeowners in Lieu of Code and
Ordinance eguiremen -
s e years o owing a econd World
and Korean Wars were characterized by
extraordinary demands
for housing in our.'University community. At ,that time, the
regular inspection
procedure required for code enforcement
was not conducted on
a continuous' or, formal basis. Also the
permit system,, authorizing certain household improvements,
was
in its initial stage of development.. As a
homeowners'.often'converted
consequence,
single family structures to multi-
family uses and sometimes
even added additions without proper
authorization or inspection.or code
compliance The City of
Iowa City currently maintains a schedule of inspections
to code
devoted
enforcement and;.compliance with the zoning
division 'sub-
and
ordinances. .Similarly, the permit system is well
established and enforced, in
ainI
gainedthe community. Some of the advantages
ned by this structural, non -code compliance
can be perpetuated
b Ching to the non -complying structure, rather than
demolition of the
old structure and erection of a new, conforming
structure.
6. Attachment of Buib,111110s hroulfhn'the Permissiveness
of the Non-conformin
Use Secfion of the Zonin Ordinance
wou appear a e
oning r finance unin en lona
encourages non -conforming land
uses. Theoretically,single
family dwelling in an R3 zoning district
with a noconforming
setback may obtain relief via a'variance from the Board
Adjustment,
of
as set forth in Section 8.10.28(H)(3). Consequently,
a multi -family' addition may be
attached even though the position
of.the original structure on a lot is -conforming
non as to the
application of requirements pertaining to setback and sideyards.
Ordinarily the
replacement of a non -conforming structure is
limited by the Zoning Ordinance in
Section 8.10.24(B) to either
a single family dwelling or a permitted
non -dwelling use.
The reasons for attachment described above produce advantages
to the developer and/or
owner. The other side of the coin,
however, reflects the view of adjacent
property owners or
renters to this attachment practice. Their objections (the
validity of which
was not considered
based on factors including by the committee) are
'(1) adverse
characteristicschange in neighborhood
changes y. (4)'non-compliance with
code requirements
of parking spaces, (5) additional traffic generation, (6) possible
safety problems for pedestrians,
especially children, and
LEGAL PROCEEDINGS RELATED TO ADDITIONS TO
EXISTING BUILDINGS
A building permit was issued to Ernest L. Galer and
Perry M. Bontrager on May 23, 1972 to construct an 'addition to
an existing building at 1030 East Court Street in Iowa City.
Said addition was',to contain 14 new apartment units. The
{property in question, with an area of 18,B80 square feet,
is in the R3A�zoning district wherein one dwelling ,unit per
1,000 square feet is permitted. An existing building on the
lot contained 4 dwelling units; a total of 18 units was permitted
on the lot in question.
An appeal to the Iowa City Board of Adjustment against.the
,issuance'of said -permit `for the addition to the existing
building ,at 1030-E. Court Street and pursuant to Section 8.10.28
of 'the Municipal Code, was filed by, several nearby property
owners in July, '1972. The appellants alleged that the addition
actually constituted ,a;second;building.on the lot. On July 26,
1972 the Iowa, City Board of Adjustment upheld the issuance of
the building permit and thereby denied the allegation of the
appellants.; The decision of the Board of Adjustment was
immediately appealed for Findings of Fact and Conclusions of
Law and Judgment to.the District Court of Iowa (Johnson County).
The Board of Adjustment, was named as the defendant, with Ernest
L. Galer and Perry M. Bontrager as the intervening defendants.
A judicial hearing was held in Iowa City,on September 28, 1972;
Judgment was rendered by Judge William R. Eads on October 2,
1972.
The primary issue involved in this case was whether or'not
the .permit issued by the Building Inspector of Iowa City violated
Section 8.10.5(A)(7) of theMunicipalCode and whether or not
the construction project was a second building upon the lot at
1030 E. Court Street contrary to the provisions of the aforesaid
ordinance which prohibits the building of more than one building
upon a single lot.
Section 8.10.5(A)(7) makes the following provision:
"Every building hereafter erected or structurally altered
shall be located on a lot as herein defined, and there
shall not be more than one main building on one lot unless
otherwise provided in this Chapter."
• The Board of Adjustment, the Defendant in this case, ratified
the issuance of the building permit by the City Building Inspector
on condition that the Intervenors (Galer and Bontrager) enclose
a walkway between the existing building at 1030 E. Court Street
Page 6
and the proposed project (designated by the Appellants as a
new building and by'the:Defendants`"and Intervenors as an
addition)
The Court, concluded that the Building Inspector and the
Board of Adjustment were in error in issuing the permit to
the Intervenors because the structure which they proposed to
build was a second main building upon a single lot. The building
permit bein issued in violation of the Municipal Code, Section
8.10.5(A)(77 was an invalid and voide ht to permit and gave the permit
holders, the Intervenors,no right proceed 'th
Of such a second main building. In all likelihood, thisndecisionn
of the District Court will be appealed to the Iowa Supreme Court.
The judgment, if sustained by the "Supreme Court, will have a
definite and real effect on the future type, nature and use of
attachments to buildings within the community. The implications
of this judgment are reflected, in part, in the recommendations
proposed at the end of this report._
LAND USE oBJECTIVES,
Proper land use and development objectives are qquite
different in substance and content from regulatory devices
such as building codes and zoning regulations and requirements.
These objectives, however, in conjunction with regulatory
devices can play a"decisive role in the proper use of attached
buildings. The following land use 'objectives have been
suggested and were considered to be important considerations
in the R3A zoning district in question:
1. The preservation of the character of "old town" and
the prevention of drastic changes in neighborhoods
leading"to property devaluation and deterioration.
2. Thepreservationof architectural excellence and
continuity in neighborhoods.
3. The prevention of removal of tree stands and denuding
of landscapes.
4. The promotion of an efficient and safe traffic flow;
reduction of traffic accidents and promotion of
pedestrian safety.
5. The provision for "buffer" zoning to separate
effectively various land uses.
Page 7
RECOMMENDATIONS OF THE STUDYCOMMITTEE
The following recommendations are submitted.by the study
committee to the Planning and Zoning Commission for discussion
and recommendation to the City Council:
1. The subcommittee is not against bona fide additions
to buildings. It is recommended that the attachment mechanism
meet all the requirements of the Building Code for multi-
family dwellings, and that the attachment area be enclosed and
habitable. The old or original structure to which a new
structure is being added by.means of an 'attachment, must meet
all requirements of the code in the same manner as the new
addition or building. f This will necessitate revision or amend-
ment:to both the Zoning ordinance and the Building Code.
2. The subcommittee recommends amending Section 8.10.25(C)
to require off-street' parking for all units for the entire
structure rather than just for the new attached addition..
3. It is recommended that an attachment or addition should
not be permitted for buildings which are currently non
conforming with regard to frontage, area, yards, and setback.
4. It is recommended that the 50' minimum lot width be
retained for structures for multi -family dwelling units. The
attachment of buildings on,a 40' lot'is prohibited.'
5. The subcommittee recommends that consideration be
given to amending Section 8.10.23(B)(8) of the Municipal Code
to allow the clustering, of buildings on a lot in the area close,
to the CBD. There are times when it is not necessaryfor two
buildings to be separated by a distance equal to the height of
the tallest building.
6. In the conversion of two buildings into one by an
attachment, the attachment mechanism should serve a substantial
utilitarian and constructive purpose. .The Iowa_ City Zoning
Ordinance should be clarified to state that in order to
constitute an addition to an existing building, the proposed
structure should be tied into the existing, structure by some
substantial means such as by a continuous and connected
foundation, substantial walls and roof, protecting any entrance
or corridor from the outside, walls which would allow movement
from one portion of the building to another without going
outside, and other similar and substantial means which indicate
that,the buildings are, in fact, one, structure. Included in this
recommendation is that the design of the new structure must
also be architecturally compatible with the existing structure.
MEMBERS PRESENT:
MEMBERS ABSENT:
Guests Present:
Welsh, Prediger, Blum, Russell, Cordier, Eskin
Ehninger, Hubbard, Kril
Elliott Full, Johnson County Broadcasting
Co.; Pat Anderson, New American Movement.
Rev. 7felsh called the meeting to order at 7:34 P.M.
The agenda for this meeting was as follows:
1, Public Discussion
2. Sharing of Resources
3. Review -Mike HollandpMarch 5 -
4. Check details-March19,.20
5. Preliminary Consideration of Report to the City Council
Mr. Blum moved, seconded by Ms. Prediger, that the minutes
of February 26 be _app'roved -as submitted. 'notion passed
unanimously.;
There was no discussion from the public attending the 'meeting,
Rev. Welsh reported to the Committee on letters sent out and
materials received. He also reported on the progress of cable
television in many communities,'
Concern was raised as to the statement that will be going to w
the Charter Committee., It was agreed that the Charter Committee
should keep open all options for cable television (in management,
ownership, etc.) in the home rule charter.
Air. Blum stated that during the week of April 6'there was.a meeting;;.
of the Society of notion Picture Engineers in Chicago, and
suggested that someone from the Committee attend. During this
meeting, one day is devoted to cable television. 0jr. Cordier
stated that Bob Stumme, if attending this meeting, could possibly
reort back to the Committee. (Mr. Stumme is _rom the University
of -Iowa.)
Discussion next centered on Mike Holland's visit to Iowa City
on March 5,-1973. Mr. Full suggested that two cables be speci-
fied in the ordinance and have an A -B switch (for the use of
converters). ,Rev. 'Welsh stated that hewouldwrite to Mr.
Hollandconcerning cable in the UHF area. Rev. 'Welsh stated
that his interpretation of Mr. Holland's visit was:
very specilla.
2. The Committee may be to the point where an economic
feasibility study is needed.
Rev. Welsh next reported to the Committee that a different
meeting place for the meetings with Joe Gold (from New York)
would have to be arranged and that he would check with the
City Manager.to see where the meeting would be held and inform
the news media. The meeting of March 19 is to discuss Dublic
access, and the meeting `of March 20 is to see video tapes.
Rev. Welsh envisioned the report going to the City Council
from the Committee containing three basic elements:
1. A report as to what the Committee has done since
its formation.
2. A summary of its present feeling which could include
A copy of Mr. Blum's report of the FCC rules and
regulations.
3. A'statement concerning the proposed process and time'
schedule for.submitting a report that would 'contain
a recommended system, recommended patterns of:.owner
ship,' management, and service, and ordinance and pro-
posal for future steps.
Rev. '4elsh asked the Committee to bring 'a statement on 'what
they think is the primary purpose of cable television in Iowa
City to the next meeting. Mr. Blum brought up the fact that
the primary motivation for, cable television in the United
States hadn't been discussed,
Mr. Blum then reported to the Committee on the subject of the
common carrier. (Addendum attached.)
Elliott Full cautioned the Committee about the possibility of
censorship, He indicated that during the series of demonstrations
last year, he had been reprimanded by the Mayor and by the
Governor and if the Johnson County Broadcasting Company had not
been an independent operator, it is'likely that he would not
have been able to withstand the pressure. His point was ,that
a municipality should not own the cable television system but
that it should be owned and operated by private enterprise.
Mir. Cordier handed out a thesis list of what his students were
writing and stated that these will be offered as input to the
CATV Committee in May.
The meeting was adjourned at 10:45 P.M.
1
1
ADDENDUM
• Mr. ,Blum stated that common carrier by definition is a
means provided by enterprise for public use of some carrier.
The whole philosophy of the carrier is to develop the
means. The public accepts full access and full liability.
Most common carriers are limited to a one—to-one relationship
(telephone, shipping and freight, power and light). There
is no group communication or activity.
he stated that in the FCC rules and regulations, there are
various _places :-:here the system is specifically made liable
for theaetions of people who are using the carrier,
and given responsibilities for governing that use. This
isn't necessarily unique. The degree and sophistication and
the specific requirements in the FCC carry much farther.
He stated the following section of the FCC- Section 76.209:
When during such an origination cable cast, an attack is made
upon the honesty, character, integrity, or like personal quali—
ties of an identi£ied.person or, group, the cable_ television
system shall within a reasonable time, and in no event later
than one week after the attack, transmit to the:person or
group attacked:
1. Notification of the date, time, and identification`of
the cable cast.
2. A script,, or tape, or an accurate summary of,the,attack,
3. An offer of a reasonable opportunity to respond.
Mr. Blum states that it is very clear -here that; the system
is given a fixed and firm responsibility to exercise very
specifically. He also stated that this all leads' -back to the
ability to censor. If common carrier status is desired, it
is desired because it eliminates any requirement for the
owners, managers, etc., to censor.
I
•
The minutes of March 12 were reviewed as distributed. 'It
was agreed that the Chairman would go over the minutes of
March 12 and make the necessary corrections.
The Chairman informed the Committee that he had talked to
Mr: Art Small.this-noon and that Mr. Small plans to introduce
a bill in the State Legislature to set up a task force to
cable television and to establish a one year moratorium. Mr.
Small's concern is that communities be provided adequate time
to, consider cable television. The Committee spent a brief time
discussing,the;pros and cons of a moratorium. Some of the views
expressed were as follows:
Pros -considerations
a. Provide time for, state to consider its role in cable tv.
b. ' Provide time for the results of what other communities
are now doing .to,be`adequately reviewed.
Cons -considerations
a. 'Would only result in inflation.
b. Could affect the flexibility that municipalities now have.
c. Could complicate the process.
It was felt thatifa`committee established at the state level
could in fact establish legislation that would enable communities
to have maximum flexibility in terms'of patterns of ownership
and methods of financing and if such a, committee could work on
legislation that would assure innerconnection at a high standard
for, cable television throughout the state, there might be some
merits.
Result of.a moratorium as it relates to Iowa City was briefly
discussed. It was felt that it would probably be necessary for
the referendum to be held since petitions ,were already on file,
but that it likely would .mean if a moratorium was passed that
the City Council could not proceed to grant franchise. This
could however result in. a complicated procedure.if the moratorium
was lifted.
Motion was made by Blum and seconded by Hubbard to defer further
consideration on the question of a moratorium until a specific
bill, has been introduced in the state legislature. This motion
passed with one negative vote.
It was the consensus of the Committee that the Committee should
proceed on the basis that there was not a moratorium.
Members of, the Committee shared information with one another.
W elsh reported his conversation with Mr. Bill Sherman of the
Iowa State Education Association. Mr. Sherman indicated that
they are now preparing a list of names for the Governor's con-
sideration in appointing a committee on cable ty and indicated
that the ISEA is planning a workshop in Iowa City on June 18 ana
I
19 and they have invited 'Ms, Red Burns, director of the
Alt. Media Center in New York City to be present for the
workshop. The hope was expressed that we might arrange
for Ms. Burns to meet with citizens from Iowa City.
The Chairman reported that Mr. Mike Holland had furnished
the names of five possible consultants Foster Associates
of Washington, D. C.; Telecon Engineering Inc. of Chester-
field, Missouri; Mitre Corporation of McLean, Virginia;
Rand Corporation of Santa Monica, California; and the Mallarkey,
Taylor, and Associates of Washington, D. C.
The Chairman also reported that Boulder, Colorado has awarded'
Teleprompter a franchise that Teleprompter has promised to
spend over $2 million during the ten-year franchise period
on locally originated programs.
Richard Blum indicated that at the present time the UHF tuner
is out of -range .of the capability of cable but'that:an addition
to.the set could be added for about $3 plus installation cost,
that would make possible for further expansion of the cable
system. It..would also be possible, he reported, for a single
channel to transmit multiple programs
Hugh Cordier reported that Bob Stumme is, planning to attend
the meeting ,of the Society of Motion PictureEngineers in Chi-
cago the first of April and would, be happy to share this inform-
ation with the Committee. The University Committee will meet
March 20 and summarize their, thinking and then begin design
forrecommendations,all of which will be fed to the staff-and'students
Jan Miller, one of Cordier's students, reported that the con
sensus of .the University.Committee'.seems to be that CATV would
be of positive value as an extension ci the University. In an
interview with Mr. Art Gillis she found his attitude positive.
Mr. Kril reported on his visits to New York which included his
visits to the Children's Television.Workshop, to MIT, Time -Life,
and to the Alternate Media Center. He reported that Advent Engineer
is ,coming out with a large video screen four feet by six feet,
which will cost around $3,000 a unit and with super eight sound
system for film production with high class color for approximately
$7,000. ,The camera and recording unit would be approximately
$1,500. At Time -Life he found out they were talking about
video publications and three-quarter inch cassette programming.
In New York they have, established an access center for the
training of persons in the use of,public access equipment.
Following the training program persons are certified and are
then able to check out equipment. It was felt that we would
in the future like to spend possibly an entire meeting discussing
public access.
Sandra Eskin reported that she is doing a study on the laws
in Iowa that affect cable tv.
The first draft of a preliminary report to the City Council
was circulated and reactions obtained.
Blum expressed concern that the Committee has not yet examined
thoroughly ,the potential for entertainment which he feels is
the major selling point of cable tv.
The Committee then discussed whether or not it should proceed
to identify issues, provide an opportunity for public input;
and then ,formulate recommendations for the Councilor whether
or not it is best for the Committee to take some positions and
then provide an opportunity for the public to.react to such.
It was agreed that Mr. Russell, Ms.'Prediger, and Rev. Welsh
would meet to write the first draft of a'report'.taking into
account the items discussed and the statements submitted by
members of the Committee concerning, the .purpose for cable tv
in.Iowa City and the Committee membrs'statements concerning
what they desired of cabletvin this community.
This report is to be mailed so that Committee members will
receive it on Friday.
The March '26 meeting will be, devoted to the finalization of
the report for the City Council.
The meeting was adjourned.
> %'rs
MEMBERS PRESENT: Meardon, Corrigan, DeCounter, Welt, Davidsen, Baldus,
Cain, Knight
MEMBERS ABSENT: Ringgenberg
Staff Present: Rosenstein
Guests Present: Mayor Brandt; Della Grizel, 1530 Sheridan; Barton
Stone, 1219 Quadrangle; Ellis Simler, 1920 Western
Road.
Mr. Meardon called the meeting to order at 4:00 P.M.
Mrs. Davidsen moved that the minutes of February 28 be approved as
read. Mrs. Cain seconded and the motion carried unanimously.
Mr_ DeCounter moved that.the minutes of March '1 be approved as read.
Mrs. Davidsen seconded and the motion carried unanimously.', The minutes
of February 22, 1973, were deferred.
In response to questions from the Committee, Mayor Brandt stated the
following:
1. That the Mayor devoted more time than other Council members.:'
The Mayor is in the Civic Center at least one-half hour to one hour
a day and he devotes twenty hours -a week minimum to his duties. Some
of the Mayor's duties are to handle Council mail, which is done in a
team approach with the City Manager, signing all of the legal documents
of the City, and.discussing with the -Manager and department heads the
daily happenings of the City. He further statedthat the time he devotes
depends on what issues are in front of the Council and that he still
has time enough to run a business and to devote time to other civic
activities.
2. That the difference between being Mayor and being a Councilman in
regard to the amount of involvement of the Mayor is fantastic.
3. ,That the Mayor And Manager must work as a team because neither can
de it by themselves.
4. That he has, had differences with the City Managers in Iowa City but
he doesn't always air those in public.
5. The outstanding characteristic of City Managers is professionalism.
6. That the Mayor should not be elected because individuals have a
tendency to think they have more power than they may have and there can!tb.;
help but be conflict between the Manager and the Mayor,especially over
administration.
T. That he can get all the information he wants from the department
heads but that the Councilshouldgo through the Manager in giving
direction or in filing 'a complaint.
8. That a certain amount of recommendations from staff could be called
getting policy but that it still needs Council approval.
9. That policy is generated from the staff, from Boards and Commissions, "
from citizens, and from individual Council members.
10. That if the staff makes policy, it is the fault of the Council.
Page 2
11. ,That when he is developing a policy, he investigates the budget
implications of that policy to see if it is feasible before he brings
it to the Council floor.
12. That Boards and Commissions play an important role in policy form-
ation and that most policy suggestions the Council receive are referred
to a Board or Commission.
13. That he is concerned with the relationship between the Council
and Boards and Commissions and the Charter Committee should address
itself to getting better communication between the Council and Boards
and Commissions. He further stated that he is concerned with the lack
of direction of Boards and.Commissions and the unclarity of -role.
He cited astheir
, an example that the Boards and 'Commissions minutes may not
be very detailed and.thus,at Council meetings he must ask staff what
happened at their meetings.
14. That he doesn't feel Council Committees would help in policy
formation because. each Council member must make a decis
he must have the information directly.` ion and, thus
15. That Boards and Commissions' recommendations play an important
role and `that ,in order to overrule one he
for being against it: must substantiate his reasons
16. That increased Council size -won't decrease each Council member's
work 'load, but that.he is not against going to seven members.
17. That wardsscare the daylights.out of him because in the age of
professionalism he believes the purest form of government is the
Council -Manager -at -Large form. He 'cited several examples of what has
happened in other cities with wards, i.e.: (a) The. Council swapped
zoning, (b) The Council swapped dutch elm tree removal. He further
stated that trading services to please individual Council members is
not the way to have efficient government run in the best interests of
the City.
18. That he doesn't believe that the Council is not responsible and
that he believes they have set policy that is equitable and just. He
stated that people are hung up on the word "responsive" which means that
someone is in 'sympathy and accord with your position. He stated that
it was more important to be responsible which means that one has to be
responsible for one's own decisions. He further stated that when making
a decision the Council must consider the implications of that decisi
and the long-range needs of the communityon
,
19. That the Council presently has a staff and office space in the
City Manager, the staff, "and the Civic Center.
20. That if the Council felt it needed additional staff, it could
get it by a vote of a majority of the Council and that if he felt
that if it would make him more available, he would do it now.
21. That now people don't realize that they can call the Mayor or
Council.
22. That one former Iowa City Mayor had office hours but disbanded
them after a month because no one came down during that time.
23. With a Council -elected Mayor, it is important that a majority
of the Council support the Mayor and that the Council should decide
how long,the Mayor serves.
24. The Council should be elected for four-year terms.
Iowa City Charter Committee
• March 7, 1973 Page 3
25. if the mayor is elected at -large by the voters, the term should
be for.two years.
26. That the longer a Council member serves, the more faith he gets
in the staff. A lot of Council members, when first starting, don't
understand how the system works, so it will take them a little longer
to get a grasp on what to do.
27. That there is considerable information available to Council
candidates during the campaign and how informed they become depends
on their own initiative.
28. That absenteeism is no problem with the Council.
29. That the problem of Council members declining to vote due to a
conflict of interest does not happen often enough to be a problem.
30. That the City Manager has a slot to fill and that he can't,expand
his role to ease the position of Council except in "he area of Public
Relations. The planned Director of Community Relations will be a big
asset because this person will handle complaints from start to finish,
recommending policy, changes if necessary and in addition, will publicize
the positive things about City'Government. He further stated that
because the Director,of,Community Relations would stress the.positive
as well as handling the complaintst the position would be better than
having an ombudsm an.
31. That the cost of running for Council.iscontrolled byState law,
although sometimes excessive,amounts are spent. The amount that will
be spent in Council elections is dictated by how much is spent on your
opponent's campaign and by how much you want to win. This would be
regardless of whether there were elections by wards or at -large.
32. That he spent $150 out of his own pocket in his 1967 campaign and
nothing out of his own pocket in 1971. 1
33. That campaigns could cost anywhere from $200 to $5000, but that
the individual running does not pay:for this.
34. That it would not be useful for the City to pay part of the election
cost because if a candidate is credible, he or she will get financial
backers.
35. That in the first few elections, the Council -Manager Association
of Iowa City tried to get at least two individuals to run from each
ward, but they quit doing this because people voted for the best
,candidate no matter where they lived. (Mr. Rosenstein was directed to
get copies of Mayor Brandt's study of Council elections.)
36. That a Council position should not be so well paying that you
buy someone's services. The most important thing is to get someone
devoted to the City itself.
37. That rather than wards, if people ran by positions, bullet voting
could be eliminated.
38. That forms of government are not going to change peoples' attitudes
on lack of trust and faith in governmental officials.
39. That the Council can't make everyone happy and that it must be
concerned with the majority of the people.
40. That electing a majority of Council at each election may be
detrimental to continuity in municipal government.
Discussion next centered on the format of the public meeting and was
deferred until the meeting of March 8, 1973.
Meeting was adjourned at 5:45 P.M.
MEMBERS .ABSENT: DeCounter
Staff Present: Rosenstein
The meeting was called to order at 8:00 P.M.
Minutes of February 22, 1973, were approved as amended, moved
by Mr. Baldus and seconded by Mr. Coirigan. Motion passed six
to zero, with Ms. Davidsen abstaining.
No public attending wanted to address the Committee.
Discussion was held on the Public Meeting of March 21, 1973,
as to where it would be :held. Mr. Rosenstein reported on what
rooms in various public buildings were available. Mr., Baldus -
moved, seconded by Ms. Cain, that 'the 'meeting be held in the
Council Chambers in front of the Council seats. Motion carried
unanimously.
Discussion was then held on the ad of the Public Meeting. Mr.
Baldussuggested.that a summary statement of some ten dines,
twelve inches high in one issue of each of the two local news-
papers, inviting.people to come', air their views, and discuss
them. It was agreed that the approval of the City Manager would
be obtained. It was decided to run the ad March 19 in the Iowa
City Press Citizen and March 20 in the Daily Iowan.- A news
article may possibly be'obtained 'for the benefit of students
coming back from Spring Break. The Committee agreed that it was
not necessary to send out mailings but that radio time would
be more beneficial. Ms. Davidsen stated that she would look into
the possibility of radio time. Suggestions were made to have
mimeographed sheets to hand out and to give each Committee member
an issue to discuss. 'After more discussion, suggestion was
made to refer the meeting format to the discretion of the Chairman.
Discussion was held on whether to have the regular meeting at
4:00 P.M. the 14th of March because of the number of members
being absent. Decision was made to have the regular meeting
and try to have Councilman Czarnecki attend.
i
Discussion was then held on the Charter. 'Mr. Meardon stated
that caution should be used in getting too much detail, thus
making the Charter too long.
Mr. Meardon suggested that the City Manager be invited to
a Committee meeting to discuss Article III, Duties of the
City'Manager, of the Model Charter. Suggestion was also
made for a subcommittee to enumerate issues that should be
in the skeleton Charter. Mr. Baldus moved that Mr. Meardon
be impowered to delegate certain'members to draft certain
sections of the Charter, seconded by Ms. Davidsen. Motion
passed unanimously. Mr. Meardon will have the list prepared
by Monday," March 12.
Discussion was then held on the number of people it would
take to file`a petition for initiative or referendum. Mr.
Baldus moved that the percentage needed on an initiative
or referendum petition be the percentage of the gubernatorial
vote in Iowa, or slightly above threethousand people, and
petitioners must be''registered`voters 'Mr. Corrigan seconded
the motion and it passed unanimously,.',
Mr.` Baldus then moved that any petition filed after filing
date in the fall and February,l,will be placed on the ballot
on a special election on the first Tuesday in April Mr. Corrigan
seconded, and after some discussion, motion was withdrawn.
Discussion was then held on the cost of referendum. Mr. Baldus
moved that, anypetitions by initiative ,and referendum appear on
the ballot of the next general election or any other time prescribed
by'the''City Council. Mr. Corrigan seconded the motion and it
carried unanimously:
Subject was brought up whether initiative and referendum powers
would prevent a legal challenge by virtue of not having exhausted
administrative remedies. Mr. Meardon suggested that initiative
and referendum be studied and discussed further.
Discussion was next held on campaign expenditures. Mr. Corrigan
moved in 'favor of putting a limitation of campaign expenditures
in the Charter. Motion was seconded by Mr. Welt. Motion carried
unanimously.
The Chairman asked that Mr. Baldus draft a loophole -free section
in the Charter regarding limitation of campaign expenditures.
Meeting was adjourned at 10:30 P.M.
MEMBERS PRESENT: Meardon, Welt, Davidsen, Knight, Cain
MEMBERS ABSENT: Baldus, Corrigan, DeCounter, Ringgenberg
Staff Present: Rosenstein
Guests Present; Edgar Czarnecki, member of City Council;
James Keele, 502 Grandview Court
The meeting was called to order at 4:10 P.M.
Councilman Czarnecki stated the following responses to the
questions asked by the Committee:
1. :It would be ideal to put people of like backgrounds :
in wards
2.- If wards aren't .planned out as'far as location, they
won't solve any problems.
3. He favors'.a larger City Council, than the Committee
is discussing.. He favors at least nine on the Council. He
would favor five as the minimum number of wards.
4. The Council sits apart from the boards and commissions,
therefore they don't always know how,the Council feels on issues.
5. There could be broader areas for Committees. "
6. He'feels 'that the staff ive their `best ud ment
g �
issues but alternatives are not always offered
7. He generally favors initiative and referendum, but
feels that reasonableness is important.
8. He doesn't feel that it's necessarily bad for a mayor
to conflict with staff.
9. ,He;.favors a two-year term for the <mayor.
10. He foresees no real danger of abuse in a recallprovision
but recall shouldn't be used because of disagreement on one
issue.
11. He doesn't feel an ombudsman is necessary for Iowa City.
12. He feels a manager could be more limited if the mayor's
powers were increased.
13. He spends fifteen to twenty hours per week on Council
duties.
14. He feels that $75 a month is not enough for council
wages.
15. He feels there should be a more open policy of nominating
persons for boards and commissions, possibly names forwarded to the '
City Clerk and Council vote for these at an open meeting, and in
case of a deadlock, the mayor could appoint.
16. He receives calls from people of many economic levels
but not broad levels of occupations.
17. He doesn't feel that the Council meets enough informally
Iowa City Charter Committee Page 2
• March 14, 1973
and there are marry issues that Council doesn't have time to
deal with.
18. A Council elected at -large but nominated by wards
has some merit but he doesn't know how it would work as a
compromise.
Decision was made not to hold a meeting on Thursday,
March 15.
Decision was made to hold a meeting Tuesday, March 20,
at 4:30 P.M. to discuss the agenda of the Public Meeting of
Wednesday, March 21.
Discussion was held on the submitted ads by Mr. Rosen
stein. Mr. Meardon stated the concern about setting forth the
position of the Committee in writing; at this time since the
Committee has taken only straw votes in the issues.
Meeting was adjourned at 6:00 P.M.
MEMBERS PRESENT: MEARDON, BALDUS, WELT, CAIN, KNIGHT, RINGGENBERG,
DECOUNTER
MEMBERS ABSENT: CORRIGAN, DAVIDSEN
Staff Present: Rosenstein
This meeting was held at the offices of Meardon, Sueppel, Downer,
and Hayes, and was open to the public. The meeting was called to
order at 4:30 P.M.
The point was brought up that the Committee had.not officially
voted on a form of government. Mr. Baldus moved that the Charter
Committeerecommend the Council -Manager form of, government. The
motion was seconded by.Mrs.`Cain and passed unanimously.
Discussion was held on an agenda..(attached) prepared by Mr. Rosen -
,stein for the 'Committee's ,approval, Mr. Rosenstein stated that he
had based this on two considerations:. (1) Since the -Charter Committee
had at;.its meeting of March 14,'.1973,.decided,not to.stress.the
straw votes, he did not mention them in the handout. (2) That he
tried to make the handout serve 'an'educational purpose. Mr. Meardon `
explained to members.of the Committee who had been.,absent.at the
meeting';of March "14,' 1973, that since.some Committee' members' opinions
have changed,' the Committee had agreed not to stress prior` decisions.
Mr. Baldus suggested that a list',of the ,decisions be prepared stating
that the Charter Committee by majority vote has tentatively agreed
-
upon the following.elements`of'a City Charter for Iowa City. The
Committee agreed that this `should be prepared and "handed out at the
public meeting. Mr. Rosenstein was directed to prepare such a list.
Mr. Meardon stated that he, had come to the conclusion_ that the charter
itself was a'limitation to city government. He"furcher stated that
some limitations may not be bad, but ;that he thought the Committee
should write as short a charter as possible. Mr. Baldus suggested
that the Committee take out "hot" issues like initiative and refer-
endum and have these placed separately on the ballot. Mr. Baldus
was asked to investigate the legality of doing this.
Mr. Meardon next reported on securing legal counsel for the Charter
Committee. He stated that he had not been able to get someone to
spend extensive time on the project but that several people stated
that they would informally review the charter. Mr. Baldus stated
that he would be in contact with Mr. Robert Martineau, a former
Law Professor at the University of Iowa, ,who had played a large
• role in drafting the City Code of Iowa. The Committee authorized
Mr. Baldus to talk to Mr. Martineau about 'legal 'counsel.
Mr. Rosenstein presented the Committee with a draft of the list
of Committee' decisions. The Committee approved this list. (Attached)
Meeting was adjourned at 5:30 P.M.
The Iowa City Human Relations Commission met in regular session
on Monday, March 19, 1973, at 8 p.m. in the Conference Room of
the Civic Centel.
Members Present: Donald Hoy
Paul Neuhauser
Richard Braverman
Harriet Coty
Mori Costantino
Bud Means
Phil Jones
Members Absent: Sharon Kelley
Art Walker
The first order of business was approval of minutes for the:
February�19 ,'.1973 meeting. Mori Costantino pointed out that
a correction needed to be made to these minutes on page 2,
second paragraph as follows: "Mori Costantinothen moved,
seconded bySharonKelley, to request the City Council to
obtain expert staff assistance to work for the Commission to
review the law and its requirements, ,keeping •in,mind that a
complaint has been filed and there is only 60daysfor state
investigation before EEOC comes 'in to review. Said motion was
unanimously adopted." (Minutes of the February 19, 1973 meeting
were then unanimously approved as amended.
CORRESPONDENCE TO COMMISSION
Mori Costantino pointed out that the annual report which the
Chairman had; written to the City Council should be submitted to
the entire Commission for review, and that the Commission should
then submit the report to the City Council as 'a ,group. .She stated
that this report should be a report from the entire Commission and
not just the.Chairman. ,She suggested that the procedure be followed
next year since the report had already been submitted.'
The Chairman pointed out that.he had also received two other letters,,
one from the attorney for the complainant in the Federal case involv-
ing the Commission, and another letter from the Waterloo Human Rights;
Commission concerning a program which had already been held. The
Chairman also discussed plans to attend a program sponsored by the
Civil Service League on the Equal Employment opportunity Commission
programs, rules, and guidelines. He pointed .out that the Assistant
City Attorney would be attending this meeting in Chicago. Mori
Costantino then pointed out that she wished to also attend this
meeting and that guidelines should be set up as to procedures to
be followed in choosing persons to attend such programs. Paul Neu-
Commission
hauser then moved, seconded by Dick Braverman, that the Chairman
be requested to talk with the City Manager concerning an additional
member from the Commission being able to attend this program. Said
motion was unanimously adopted.
Mori_Costantino then stated that she had been contacted by a person
in the community concerning whether or not the Human Relations
Commission would have inputas to the requests now before the City Council
on the Courtcrest rezoning in terms of the discriminatory practices
which may be practiced by the Moose Organization whicn plans to
locate in the building which is on the site. The.Chairman pointed
out that the Commission has not in the past commented in any way
in terms of rezoning' requests. Paul Neuhauser pointed out that
there has been a recent Supreme Court case ruling that might have
an affect as to legality of withholding licenses for private clubs
who discriminate in their membership clauses. He also
pointed.out
that it;would -be very difficult tb get at discrimination practices
through rezoning cases. !_ori Costantino then moved,: seconded by.',
Dick Bravermen, to sChedule'this _subject for -further discussion
in the near future. Said motion was unanimously' adopted.
The Chairman then reported that a letter inviting employee comments
about any possible problems of discrimination hadbeensent to the
City employees at, the direction of the,Commission. .The Chairman
stated that the letter had been drafted by Sharon Kelley, reviewed
by the Manager, and Councils and approval granted to send it to the
employees.
REP ORT, CONCERNING REVIEW OF IOWA CITY PERSONNEL SYSTEM
The Chairman stated that since the last meeting of 11 the Commission,
Mark Schantz from,the University of Iowa, College of Law, had
agreed to assist the Commission in researching, the law in terms of
court cases applicable to equal employment opportunity. He also
stat d th
e at the Council had approved the, Commission's request to
obtain research staff to assist in the review of the personnel
system: He also stated that Mark Schantz had agreed to supervise
a small group of senior law students to conduct this research.
Mark Schantz then discussed with the Commission the background of
his involvement in this Commission effort, and stated that he was
volunteering his services to the Commission in terms of giving ad-
vice and supervising the research effort. He emphatically stated
that in no way was he working for the, Commission or the City for
purposes of defending (in a legal sense) the City personnel system.
He then introduced Susan Scheid and Tim Braunschweig to the Commission,
and pointed out that these two law students had been initially asked
to research two areas: appropriate court cases under Title VII in
the area of qualifications for jobs, and limitations on the use of
tests; and job classification systems as they relate to the require-
ments of Title VII.
Iowa City Human Relations Commission
• March 19, 1973
Page 3'
■
Susan Scheid then made a presentation concerning the several
court cases she had researched in the area of job qualifications:
education, experience, physical requirements, and testing. She
pointed out that the several court cases indicate that requirements
must be job-related and must not have a disparate impact on various
classes. She pointed out that there were, several types of criteria
to determine whether qualifications were job related: the presence
of suitable alternative qualifications, disparity of effect, work
force statistical comparisons (work force compared to make-up of
the community), etc.
She than reviewed several court cases in detail which related to
these categories. Such evidence sought to make adetermination in
this type of case seemed to revolve around whether certain classes
had been systematically by-passed for promotion, whether or not the
Promotion rate for blacks or women was lower than that for white
males,- etc..
Susan Scheid also pointed out that in terms of educational require-
ments, the courts look to the median years completed for one class
compared to another class (within & geographical area). The need
for higher education requirements must be shown to be related to
the job"being-filled, unless there is a valid business necessity
for doing otherwise. High; school diplomas, can be,found,to be
unnecessary for many jobs 'and even discriminatory, but the courts
have also held that"in,some cases high school educations' "can be`
required' legitimately.
In terms of physical requirements, she pointed out that research
seemed to indicate that the, major discriminatory practice occurred
when employers do not consider individual capabilities for the partic-
ular position being filled- She"then pointed out that employers
are not allowed to impose a test on women which.is.not'also imposed
on; men, but that it was obvious from the research that employers could
still have job-related qualification requirements if they were
"bonified Occupational. qualifications."'.
In terms of height requirements for various positions, these can
be found to be discriminatory in some cases because of national
origin or sex. The requirements may effectively discriminate.against
particular classes that exhibit generally different heights as a
class. Job -relatedness or business necessity must be shown in this
area also.
Susan Scheid next discussed relevant research in the area of testing.
She pointed out that there were, extensive regulations in this area
and, that validation of tests is required, and as well, should be job-
related and professionally administered. The courts have upheld the
use of tests in terms of those tests which are job-related (such as
mechanical tests). Personality tests are valid only under some
Iowa City Human Relations Commission
•� March 19, 1973
Page q
circumstances, and in one court case, for example, it was found:
that if an employer has'a test, it is not possible to have a
cut-off grade point, nor to assign failing grades. She pointed
out that this really constitutes no test at all. Employers can
rely on validatedtests if they are validated elsewhere, although
it is preferable to do 'some validation for specific classes in the
particular geographic area.
Tim Braunschweig then discussed information he obtained in terms
of the issue of restrictions under Title VII on classification
systems. He.pointed out that there were a numberofrelationships
between the wage differential' restrictions of the Equal Pay Act
and the Civil Rights Act. The main areas of concern are in -terms
of skill, effort, and responsibility,,and if requirements for these
three categories are the same, there is no.justification :for differ-
ential wage rates. He:pointed_out that problems canexistin terms
-•. of une-ua1
' q pay which will trigger investigations under civil rights
legislation.';.He did point out that there was no intent to establish
rates of equal -pay for unequal jobs, but if the jobs require the
same effort, skill, and responsibility; there can be no differentials.
He pointed out that:it was, difficult to measure these or to define
effort. Criteria regarding what constitutes substantial disparity
in any one of these (between classes) is not covered' specifically,
by the'.Equal,Pay Act. Guidelines, -however, have been developed by
the Labor Department and these guidelines are used in determining'
whether, there has been a-discriminatoiy practice under the Civil
Rights Law.
Don Hoy,then:pointed out that more information would be needed on
the factors used to compare' different kinds of jobs in terms of these
three categories.
Mark Schantz then reported .that both Susan Scheid and Tim Braunschweig
plan to provide a'written report of their comments prior to the next
meeting of the Human Relations Commission. i
AFFIRMATIVE ACTION REPORT
The Secretary then presented the first report of "Hirings by City
of Iowa City Following Adoption of Equal Employment Opportunity
Policy and Affirmative Action Program (August 1, 1972, 'through
December 31, 19.72)." The Secretary reported that this was the first
report prepared under the new Affirmative Action Program as adopted
by Council in August of 1972. The Commission requested that the
next quarterly report be prepared by the April 16 meeting.
There being no further' business to come before the Commission,
the meeting was adjourned at 10:30 P.M.
Secretary
Iowa City Housing Commission
March 7, 1973
:r
q
oc
r
IOWA CITY HOUSING COMMISSION
MINUTES
March 9, '1973
MEMBERS PRESENT: Stier, Duncan, Frimml,`Hamer, Litton, Walker,
White
STAFF PRESENT: Seydel, Schierbrock
Chariman Stier called the meeting to order.
1. The minutes of the previous meeting, February 21, were
approved with a -motion from Walker and a second by White.
Motion carried 7/0.
2. Coordinator's Report
At the present time there are 206 unite under lease. 'By
the end of the month it is anticipated that three more larger
units will; be picked up.
Seydel reported his response from the GSA report concerning
J. persons displaced by, the new Federal Building and Post
office:
a. No. of families displaced -19
b.. No. of single persons displaced -79
c. No. of owner -occupants displaced -l3
d. No. of relocation claims 'paid as of 'Feb.21, "
1973-119 (not final)
e. No. of continuing rental assistance payments
i being,paid-21 (not final)
Information from R. Richard Bamsey of the State of 'Iowa
Office for Planning and Programming was presented.' His
information consisted of tables and charts entitled:
Location of 'Low and Moderate -income Housing
Units in Iowa
-Low-rent Housing Units (including Leased Housing)
in Iowa Cities and Towns
-HUD-Low-Moderate Income and Rental and Ownership
-FmHA Non -Profit -Rental Housing,. 'etc.
Copy is available at the Leased Housing' Office's as reported
by Seydel.
• The City Manager received a letter from PAT which was directed
to Seydel. PAT requested a roster of the tenants and owners
.Page,Two
i.
involved.with the Leased Housing Program in order to survey
the'amount of satisfaction received by these people from
the Leased Housing Program. PAT was informed that provid-
ing the names of tenants and landlords was in violation of
the Housing Commission's By-laws and for other practical
reasons was not a good practice'.
3.
Old Business
Litton's sub -committee reported that the Public Meeting
about the proposed Tenant -Landlord ordinance is scheduled
for Wednesday, March.28at 7:30 p.m., in the Council
:Chambers.
The sub -committee would arrange for publicity.
At'the next meeting the sub -committee will present their
Public Meeting format.
4.
New Business
Seydel requested permission to enter into a.new lease con-
tract with a housing complex where 8 of'the 40 units were
already involved with the,program. This addition would
ekceed.the.10% limit. A motion was made by Litton to
grant permission for the new lease. It was seconded by
rrimml and carried 7/0.
5.
Public Discussion
A representative.from PAT posed the question as to what
was the Housing Commission's position in regard to the
proposed .T -L ordinance?
Litton answered that a position has not been formed con-
cerning the T -:L ordinance as of yet. But the purpose of
,
the Commission is to advise the Ci ty Council on the neces-
sity of such an ordinance and to provide specific recom-
mendations about the ordinance.
6.
The next regularly scheduled meeting will be March 21,
1973 at 8:30 a.m., in the Recreation Center's Room A.
7.
The meeting was adjourned with a motion by Frimml and a
second by Hamer. Motion carried 7/0.
I. Minutes'of the Last Regular Meeting and All
InterveningMeetings
A. February 20, 1973
B. March 61, 1973
VIII
A. Personnel/Building & Grounds Committee meeting
of'March 20,;1973 as previously distributed.
Old Business
communications
A. Letter from Linda Dole, President- League of
Women Voters of Iowa City, dated March 2r 1973
B. Letter from Donald Hoy# Chairman - Iowa City
Human Relations Committee, dated March, l5, 1973
(form' letter sent to.all City employees)
C. Letter from Senator Dick Clark, dated March 9, 1973
D. Thank you letter from Mary Unrath, dated March 7, 1973
New Business
A. Personnel Policy: revision of City Personnel Policy
as recommended by the Personnel.Committee
Next Meeting: Thursday afternoon, April 26 at 4 pm
f • `
MINUTES
• The Library Board of Trustees met in Regular Session
on Tuesday,; February 20, 1973 at 4 pm in the Director's
Office.
President Downer presiding.
MEMBERS PRESENT: Braverman, Buchan, Bywater, Canter,
Downer, Richerson, Ringgenberg, Summy,
Trumpp
MEMBERS ABSENT: none
STAFF PRESENT: Hurkett, Mascher
OTHERS: Linda Gray, Steve Rogge, David Henschel, Vera
Perkins, Jean Berry
APPROVAL OF MINUTES
Minutes for the Regular meeting held January 30, 1973
were approved as read.
FINANCIAL REPORT .
The Director reported that the City Finance Department
had arbitrarily changed the coding of some of our vouchers
as submitted for payment. These vouchers have gone back
to the Assistant City Finance Director for his review.
The Director further stated that the budgetary figure as
liven by the February financial report does not include
payroll'changes resulting from the implementation of the
Griffenhagen-Kroeger, Inc. pay plan.
The bills were approved for payment. (Canter, Trumpp)
DIRECTOR'S REPORT
it was reported that the lighting in the Brubaker Music
Room is still poor.
The problem of blocked phone calls continues to exist.
In order to improve the situation, the Library may have
�. and 5 m.
"switchboard" manned between 8 am P
to use a switc
This will require a reassignment of personnel and changes
in the physical arrangements of the building, including
better utilization of the space in the Brubaker Room.
es; 2 lines for in -coming
We now have 2.5 telephone lin
calls and an additional line (x-212, "City line") for
calling out of the building.
The Director recommends the adoption of a policy to
• establish the deposition of monies for damaged and lost
materials originally purchased with funds from special
accounts (e.g., art prints, records, etc.) into an
account other than the general fund account of"the City.
The Board further recommends the ;inclusion of monies
collected for lost and damaged books and other library
materials in such account.
The Director spoke to the problem of the anticipated
withdrawal of federal funding and the continuation of
library services now offered our patrons. A copy of
pertinent information from the newsletter of.the American
Library Association will be supplied to each member
of the Board.
It was pointed out that the City Personnel Policy is a
comprehensive statement while the Library's present
Policy is a summary statement different in several res-
pects from the current City policy. The relationship
between the two policies must be studied immediately.
A directive has been issued by the City Director of
Finance that the payroll fora 11 employees who are em-
ployed less than>40-hours per week 'must be 'computed on
an hourly basis. Our budgetary restrictions require
professionals to'be employed on a part-time basis to
cover a 65 -hour, week covering odd hours, not the regular
8 am to 5 pm, 5 -day work week of most City employees.
Thus, these professional employees working on a permanent,
part-time. basis would be paid at.an'hourly rate rather
than at a monthly salarycomputed according to the frac-
tional period of the 40 -hour work week they are employed.
The Director recommends that pro -rated fringe benefits
be given to all Library Aides regularly employed 207hours
per week or more.. It is also recommended that all per-
manent professional employees should be handled as is
current practice, ;i.e.• the full-time salary rate and the
fractional rate earned by the employee are both reported
to the City Finance' Department and the employee is listed
on'the 'salaried payroll along with other employees re-
gularly working 40 -hours per week and who are paid a'
salary.
We have been belatedly -informed by the City about per-
sonnel changes, thereby violating our areas of respon-
sibility to our employees.
Mr. Downer suggested referring to the Personnel Committee
for study the question of the extension of'frin e be f
g Wei't
s
•, on a pro -rata basis to',part-time employees working 20 or
more hours per week.
There was none to be discussed.
COMMITTEE REPORTS
There were no committee reports.
NEW BUSINESS
Each City. Department has been asked to develop a state-
ment on cable TV. Again, the:Library Board was given
little time to come to'a conclusion and to develop such
statement. Mr. Downer stated that no report should.go
to the City Manager until the staff and the Library Board
have -had time to deliberate on the matter. It was moved
and seconded that a special meeting of the Board be called
to consider CATV.(Ringgenberg, Summy)
The Director requested authorization from the Board to
allow Rose Lechay to expend $1200 for art prints and fram-
ing.of same. Therequestwas granted.. (Ringgenberg,.Buchan)
COMMUNICATIONS
1. A letter of transmittal concerning the recently com-
pleted audit of the Seven Rivers Library System was
received.
2. A letter from Bob Seger, Director of the Clinton Public
Library, was received. The request of the Clinton Li-
brary to amend the budgeted amount of the grant from
$2500 to $2000 was accepted. (Summy, Buchan)
3. A memo from the Director of the Iowa State Traveling
Library, Barry Porter, was received.
The meeting was adjourned.
Approve
MINUTES
The Personnel Committee of the Iowa City Public Library,
• Board of Trustees met in special'session on Tuesday even-
ing,,March '201 1973 at 7:30 pm in the office of the Director.
MEMBERS PRESENT: Buchan, Ringgenberg, Summy, Trumpp
MEMBERS ABSENT: None
STAFF PRESENT: Hurkett
OTHERS PRESENT: Robert.Downer, President of the ICPL Board
Mr. Summy stated that he had spoken with J.B. Pugh, Jr.,
City Finance Director.concerning those Library employees
working on a part-time basis who should not be paid on
an hourly`basis,'but..rather on a salaried basis. Such
employees are currently paid a salary pro -rated according
to the hours worked and are given pro -rated fringe benefits.
The 'City wants these employees to be placed in the part.
time;-'hourly-paid:<category and be -paid -according to an
hourly rate of -pay.
It was noted that the City assigns everyemployee, in
cluding the City Manager, an hourly rate of pay, pro -rated
over 2,080' hours' per year.
Mr. Summy expressed concern over the fact that the Library
is.'always.trying'to "catch up" with that which the City
Finance Department has decided to do.
In order for the Library's part-time employees currently
paid on a salaried basis, pro -rated according to the
hours worked to receive the, same monthly and annual salary
while being paid 'on`an hourly rate, adjustments will
necessarily have to be made in the rate or number of hours
reported to the Finance Department. Such an adjustment is
necessary because the City payroll is a bi-monthly one
rather than'bi-weekly.
The Director does have at least one annual conference with
each employee to explain ,the employee's salary and benefits.
This is generally held one month before a payroll change
occurs and is submitted to the City Manager's Office on
a "Payroll Record Change" form, one copy of which is re-
tained in the employee's personnel folder and one of which
is returned to him. Additional conferences have been held
with the staff in general such as those held after the
completion of the Griffenhagen-Kroeger, Inc. study and
the adoption of same by the City Council.
of Trustees can, in
ibrary.,.Board,
Ai. - Downer asked if the L
-
its personnel policy, make desired changes in themannerib
of computation of hours of earned work. (The Library
• currently gives an employee 8 hours of work credit for
working 12:30 to 9 pm during the week and 6 hours of work
credit for working 2 to 6 pm on Sundays.) Mr. Summy
replied in the affirmative.
The Director stated that the Personnel Committee of the
Iowa City Public Library Board of Trustees would do well
to accept the City of Iowa City's Personnel policy with
certain exceptions. These exceptions are those points
currently contained in the Library's policy statement
which the Board'wisheB to maintain as being distinct
from related City'policy statements.
It was the consensus of the committee to adapt the entire
.city Personnel Policy to fit the needs of the Library.
A question was raised concerning the eligibility of
part-time, hourly -paid employees to receive fringe
benefits on a pro -rated basis. This is a feature of
the recently -adopted City policy; the statement applies
to those.part-time, hourly -paid employees who work 20
or more hours per week. The,committee recommeded that
there be.n6 change in the current Library policy which
t eligible for such benefits.
is that these employees are no
During the past three weeks, 109, 75, and 73 telephone
calls have,been blocked. The Director recommends the
establishment of a position of "Receptionist" to handle
the routing of telephone calls into the Library. The
individual hired would work in the outer office area.
The Director also suggested the promotion of Jeanette
Carter to Senior Librarian to replace Rose Lechay.
Funds I could then be.diverted from those alloted to
Mrs. Lechay's position to the range 9 Receptionist.
The addition of one telephone line will cost anadditional $18
per month, plus a one-time installation fee of $15.
It was moved that a telephone receptionist be hired and the
additional telephone line be installed.
The Director suggested the restructuring of the job currently
be held by Valeria Gogel to include additional responsibilities
in the Children's Room. This position is currently a range
8, Clerk; the suggestion is to re-classify the job to a range
9, Library Clerk upon Miss Gogells anticipated termination.
The Committee recommends staffing changes proposed by the
Director subject to consideration by the Finance Committee.
• Meeting adjourned.
■
411u. aa.�uau v .
line budget. This, is purely conincidence. The budget
has not been adjusted to reflect the promotions and other
salary increases by which the Library staff benefitted as
a result of the Classification and Pay.Plan revisions and
other City-wide changes in personnel policies. Our un-
filled 'positions have made up the difference in cost for
the first two months
We are underbudgeted at $385 for electrical lighting
supplies and tools. Out line budget is now at 808 of
total and we will have to use monies allocated for main-
tenance and repair services to cover the cost of supplies
and tools for work we are doing ourselves.
Our Capital Outlay budgeting is as follows:
Books and Serials $ 46,496
Audio visual 1,400
j
$ 47,896:,:;
Shelving and Equipment Replacement 4,901
Totals $ 52,797.'
The "Expenditure Summary By Fund" on page 13 will be ad-
justed in the March report to show a more detailed coding.`;
-9-
•
I. Members Visited
Garwin
Solon
Dysart
Vinton
Belle Plaine
II. Rotations - 750
Keystone
Van Horne
Grinnell
Monticello
Shellsburg .
West Branch
IIL. Special Services
A. Meeting with Hospital and Institution librarians
B. 3 classes at Iowa Security Medical Facility: by
periodic..class sessions everyman learns about
library classification, card catalog use and
general library service before he leaves the
facility.
C. Working with Library Board at Chelsea to set up
a"new library
D. Consultation with Solon (must leave their library
by April 1)
E. Consultation with Blairstown on shelving for their
new library
-10-
CHILDREN'S SERVICES
Hazel Westgate, Sr. Librarian
February has brought with it added activity to the
children's room, but, unfortunately, has, included
the problems of shorter staffing and endurance.
As to the added activity: we have a new group of
"special" people on our regular schedule - nine and
ten-year-old.boys from Child Psychiatry Service. They
have already been here twice and they - and their
supervisor, Mrs. Jan'Enockson, -- seem very pleased.
More than twenty ,special groups and classes came to
the Library this month. Our circulation continued
to grow (during the last week of February we checked
out over.5,000,books for the.first time since June of
1972, and a.minimal staff sent off 2,072 books Satur-
day and Sunday, February 24 and 25 (and answered 121
reference questions). We still keep track of those
questions, which', number over 1,000 for the month. We
did not count the small boy who came to us one Satur-
day, looked up beseekingly and asked, "Is 'sexy' a
-dirty word?."
Our paper-folding,,program with Mr. Kijima and his
friends was well -attended, and everybody came out with
boats, birds, and smiles. The PoPo Puppeteers are
due shortly with "How the Elephant Got ,His Trunk",
several Girl Scout troops have promised to make hand
puppets for us to loan during the summer, and we have
set a date --- May 9 for a mobile/stabile work-
shop for Seven Rivers and school librarians.
Our problems of staffing are simply that there are
fewer of us, there will be even less, and we stretch
to fill ,the holes.
But --- to finish'On a gayer note: a university -size
patron has asked us for "Stanley Livingston, the.Seagull."
And a grizzled gentleman requested directions to the
nearest hydrant. We didn't even try sending him to
the street corner; he was thirsty and only wanted a
convenient water fountain.
-11-
/goc
1706
/LoG
� 00
i l ; I �REFEQQE1i/CE
QUEST/oA'
i
�i
S1 /�(pULT,SERVICES;
I
I' � I
�
/000
�
(/0
i
w
i�00
00
I•
I � .,
J
6 Co
,V
�
_)
;foo
I I II t i I
I
. i
i
it
t ,
i l ; I �REFEQQE1i/CE
QUEST/oA'
i
�i
S1 /�(pULT,SERVICES;
I
I' � I
�
�
i
,Ilii_
I•
I � .,
_)
I I II t i I
I
. i
i
it
I
..)
�
1.
I
I
l
.I
�I'I�
I►
_1_IT
'I
►
i
I
� i
I IIIt�I
I
i
119701
_ ..
I'1
�
/ I
I1_
._�
i_�
�_I.i J
..�
_► I
Among the questions asked of thereferencestaff were:
How much of the -budget is spent on pollution? (sic)
- How do you replace the clutch in a 168 Chevy?
- A list of candy distributors.
- How to talk to plants
- What kind 'of sound do barn owls make? e
A table of annuity values at 68 for 20 years.
- O'Hare airport information.
- What is the.addrese of the Waterlooofficeof
Iowans Care for POW's?
The name.and address of any congressman from New Jersey.
A plat map of VanBuren County.'
- A list of current liberal women's organizations.
- How to tie a bow tie.'
The softball schedule for Iowa City in 1939.
Was Martin Luther King ever in Iowa City?
information on franchising locally.
- Sources of information on starting a small factory.
List of local jobs.
-12-
-13-
Areas in which our resources
were inadequate or not im-
• mediately available included:
- homonyms ;and antonyms
- Bonnie and Clyde; Jesse
James
-" books 'by Kurt Vonnegut,`Jr.
- basic cookbooks
- business franchises
- and all kinds of how-to
materials:
- how to wrestle
- how to weld
- how to crochet
- how to keep books
- how to tan leather
-13-
DATE
*BOOKS
PROCESSED
In -Library NILE
TOTAL
TALLY HERE ALSO IF...
NEW TITLE GIFT
WITHDRAWN
ADULT
A 7 D
307
.577 7
379
1(o
//2.
YOUNG ADULT
3 3
_ 37
.7
0
33
JUVENILE
o��
02 .S O
,SJ
3/3
a/
TOTAL ''
S6/36,6
9? 7L
erbacks)
13,6
d
1.34
g6
*006LOf�t � 47S.
'3
c2
T T
;_2
7r
/3 %
97
McR
GRAND TOTAL
8'3 6
3 % b
/Ac ;L
73 a.
/13
670
SERVICE CONTRACTS
I. Number of Borrowers
Reaistering during February
1973
1972
1973
Johnson County
Lone Tree
Adult
163
8
214
Juvenile
5
0
1973
Total
168
8
156
II. Number of Registered Borrowers to Date
641
Johnson County
Lone
Tree
Adult
515
128
Juvenile
13
0
Total
528
128
III." Number of Items Circulated
during February
r
Johnson County
Lone
Tree
1972 -1973
1972
1973
Adult
1,617 11816
130'
131
Juvenile
1,198 1,087
80
48
Total
21815 21903
210
179
IV. Number -'of Items Circulated. January - February
Johnson County
Lone
Tree
1972- 1973
1972
1973
Adult
31265 3,349
217
231
Juvenile
2,428 2,059
115
97
Total
5,693 5,408
332
328
North Liberty
19
1
56
North
Liberty
1972
1973
220
142
187
72' •
407
214
North
Liberty
1972
1973
458
485
338
156
796
641
I. Circulation
A. Adult Department
IOWA CITY PUBLIC LIBRARY
REPORT FOR February 1973
USE OF COLLECTIONS
1971
1972 1973
Books 14,345 17,366 17,789
Record
Quest
Art Re
16mm
"8mm Fi
TOTAL
B. Childr
C. TOTAL
II..Interlibra
A. Borrow
B. Loaned
C. , Refe
III. Reference
A. Inte
B.'. In per
C. Mail
D. Telep
Tota
IV. Registered
A. Adult
B. Childr
C. TOTAL
s
hone
1,322
2;079
2,125
ions answered,715
productions
films / # o viewers
96
67
64'
—*
—,r
1/'1,684
lms
212
283;'
298
ADULT
15,975
19,795
20,273
en's Department
19,180
21,223
23,189
CIRCULATION
35,155
41,018
43,462
ry Loan
ed
32
284
444
408
rence Services
Questions (Adult Department)
rlibrary Loan
son reference questions
**
113
430
**
128
637
123
***.
731**
.Reference Questions
reference questions
303
56d
_**
769**
851
1,362
1,605**
1 Reference Questions
Borrowers
Department
**
en's Department
157
6 .044
REGISTERED BORROWERS
**
* statistics not kept until May, 1972
• ** statistics of reference services to ir{terlibrary loan not kept as such
until January 1, 1973
*** these figures are also reflective of II (C)
**** statistics reflect new policy RF, issuance of new non -expiring cards and;
the re -registration to obtain such cards; policy effective January 1, 197
-16- '.I
t,ROWT11 OF COLLECTI-jNS
A. Books
1. Adult and Young Adult.
Fiction
Non-fiction
Periodical Volumes
TOTAL
2. Children,s
Fiction
Non-fiction'
TOTAL
3. Total Books, Adult and Children,s
B- Tape, Recordings
C- Recordings
D• Art Reproductions
E- Microfilm --
F• 8mm Films (Number of reels),
G. Paperbacks (non-catalog663'j
1971 1 1972 , 1973
16 199
2,876
„51,725
10;273
17,145
_ 27_44 18
79,143
12
FINANCE: FINES ANL FEES
1, Fines Coll
2. Other: Te
pts, etc.
-17-
256
519
210
2,876
2
876
59
720
63,197
10.L949
11,449
16
630
21
187
_29L579
32,636
89
299
95
833
81
80
1F731
2
089
301
349
547
812
311
380
757
501
721.24
820.79
49.50
00.0
A. Story Hours - 12
Total Attendance - 830
Average Attendance - 70
B. Classes - 27
Cub. Scouts, Den 3
Headstart - 6
Friendship - 2
Willowwind - 4
Nelson - 2
University Parents Care Collective
Pine -<2
Child Psychiatry Service - 2
Art Education class
Mr. Orgren's Library Science class
West Branch Kindergarten - 2
Clear Creek Kindergarten
Melrose - 2
C. Special Events
February 1 - School of Library Science, faculty
luncheon
7 - Publisher's Book Display, Iowa City .
Community School District,
(Board of Education)
10 - Grandmother Story Hour - Mrs. Powell
12 —Book arrangement for Headstart
24 - Origami program and film; Mr.'Kijima
II. Community Groups Using the 'Library
February 3 - 29: Volunteer Income Tax Assistance (VITA)
February 3: Northwest Junior High School
February 3: International Meditation Society
February 4: international Meditation Society
February 6: Kirkwood CommunityCollege
February 7: Iowa City Cable TV
February 7: Johnson County Regional Planning Commission
February 10: Johnson County Legislators
February 13: International Meditation Society
February 13: United Way, Information Referral Committee
February 13: Johnson County Regional Planning
February 14: Kirkwood Community College
February 21: Kirkwood Community College
February 24: Johnson County Legislators
February 27: United Way Information Referral Committee
February 28: Kirkwood Community College
•
-18-
......... .
III. Publicity Promotion:
• A. Displays
Antique Valentines
Antique Hats & Hat Pins
Engineering: A Better Enviornment Through Technology
Noteworthy Titles of 1972 from the New York Times
B-ok Review
Gardening
B. Brochures / Booklists
February film lists
Preview of Films
C. Newspaper / Radio Announcements
regular weekly schedule of events
"Art Rosenbaum in Folk Music Concert at Library"
"Reading List on CATV Available at Library"
"Tax Books For Sale at Library"
"Library. Board Elects Downer"
"Library to Present Program on origami"
D. Programs
February 25 Art Rosenbaum folk music concert
four February film programs; attendance 128
IV. Staff Activities
A. Hurkett
February 1 - Library School luncheon; accompanied
Hazel Westgate, who was honored
for her gift to the Library School
of a hand-made rug
5 meeting with City Manager to discuss
Municipal,Reference Service
6 meeting with Pat Strabala IAssistant
Finance Director and Bud Jensen
to discuss cooperative efforts on
microfilming of City records
7 City Manager's staff meeting
-9 - meeting with Dr. Canter'to draft Library
Annual Report
14 - City Manager's staff meeting
19 - Dottie Ray Show, KXIC-AM, 15-minute
"talk show"
20 - Library Board of Trustees meeting
21 - City Manager's staff meeting
21 - meeting with Pat Strabala to discuss
regular employees on a part-time
basis',being,paid by the hour
21 - similar discussion with J.B. Pugh, Jr.
City Finance Director
• 23 - City audit conduced by Frank Poma of
McGladrey, Hansen, Dunn & Co.
28 - City Manager's m-eting with department
and division heads
-19-
Spaziani -
February 5
-meeting with City Manager to discuss
Municipal Reference Service
8
- attended United Way Planning Division
Eggers -
February 6
- lecture, School of Library Science
28
- City Manger's meeting with department
and division heads
Carter -
February 5
- spoke to u'of Iowa School of Social '
Work class about ICPL shut-in
service
attended meeting of Community Committee
to coordinate services, to the
elderly
V. Tours
Introduction to
of- Library 'Science
Librarianship, University of Iowa School
-:February
19`
VI. Gifts
15 adult non-fiction
lladult fiction
11 records
80 non -cataloged
paperbacks
Personal Services
Payroll February
Commodities
Frohwein Supply Company
Office & Operating Supplies
Roshek's
Misc. Operating Supplies
Petty Cash
Misc'. Supplies
Hach Brothers Company, Inc.
Sanitation Supplies
Doctors Supply Inc.
Misc. Operating Supplies
Quill Corporation
Office Supplies
Economy Advertising Company _ _
Printing Service
Gaylord tiros., Inc.
Educational Supplies
Churchill ChemicalCompany
Sanitation Supplies
Crescent Electric Supply Company
Electrical Supplies
Lenoch & Cilek
Other Supplies
LIBRARY BILLS
Educational.Supplies-
Novotny's Cycle Center, Inc.
•
Weston Woods
March 1973.
City of Iowa City
Office Supplies, Feb. & March
Personal Services
Payroll February
Commodities
Frohwein Supply Company
Office & Operating Supplies
Roshek's
Misc. Operating Supplies
Petty Cash
Misc'. Supplies
Hach Brothers Company, Inc.
Sanitation Supplies
Doctors Supply Inc.
Misc. Operating Supplies
Quill Corporation
Office Supplies
Economy Advertising Company _ _
Printing Service
Gaylord tiros., Inc.
Educational Supplies
Churchill ChemicalCompany
Sanitation Supplies
Crescent Electric Supply Company
Electrical Supplies
Lenoch & Cilek
Other Supplies
Rose Lechay
Educational.Supplies-
Novotny's Cycle Center, Inc.
Misc. Operating Supplies
Weston Woods
Educational Supplies
City of Iowa City
Office Supplies, Feb. & March
City of Iowa City
Multilith, Feb. & March'
I
I
1
Services & Charges
University of Iowa
Fay's Fire Equipment Co.
Iowa City Press Citizen
Swartzendruber's
Eastman Kodak Company
Multigraphics Division
I. C. Clean Towel Ser.
Ia-Ill Gas & Electric
3M Business Products Sales Inc.
Jeanette Carter
Jack W. Burkett
Northwestern Bell
Northwestern Bell
City of Iowa City
Work Study
Equipment Repair
Publications
Misc. Repairs
Film Processing
Equipment Maintenance
Laundry Service
Gas & Electricity
Maintenance Agreement
Mileage
Travel Expense
Phone Service
Phone & Wats Service
Water & Sewer Service
$12,423.72
$12,423.72
136.09
2.00
75.79
57.66
5.25
19.84
73.85
13.35
81.74
24.56 ,
10.99
11.73, ,
5.00
11.25
40.00
89.19
199.69
110.75
5.00
12.36
3.90
402.84
10.81
527,80
118.45
26.40
30.05
85.51
12.06
19.98
•
Capital Outlay
Seven Rivers Library System
Book Deposit #2
5,000.00
5,000.00
Total
$19,647.61
The above bills are approved
for payment:
Chairman of Library Board
4
'Secretary of Library Board
Dated
1973
President Downer presiding.
MEMBERS PRESENT: Braverman, Buchan, Bywater, Canter,
Downer, Richerson,Ringgenberg, Summy
MEMBERS ABSENT: Trumpp
STAFF PRESENT: Hurkett
OTHERS PRESENT: none
The President called the meeting to order at 4:05 pm.
The President requested a report from the Director
concerning a proposal to provide fringe benefits for
employees working less than 40 hours; per week. The
Director requested a budget re -adjustment which would
affect two part-time employees.
Mr. Summy moved that fringe benefits should not be
extended to any employee working less than 40 hours
per week.
Mr. Braverman amended the motion to read as follows:
Fringe benefits should not be extended to any
employee working less than 40 hours per week
for the balance of this fiscal year pending•a
review of the Personnel. Policy by the Committee
on Personnel/Building & Grounds.
The amended motion was reluctantly accepted by Mr.
Summy. The motion was carried unanimously with Mrs.
Richerson abstaining.
The President requested the Director to bring the'dis-
cussion of CATV before the Board. After a discussion,
Mr. Braverman presented the following motion:
(see attabhed statement of the Board)
The motion was seconded by Dr. Canter; motion unani-
mously approved.
•
The President brought the 'changes suggested in the By -Laws
before the Board asking for a discussion. It was moved
by Mr.'Ringgenberg that the changes in the By -Laws be
adopted. Seconded by Mrs. Bywater. The motion was
unanimously approved.
The President asked the Director for announcements.
The Director complied as follows:
1. Seven Rivers Library System will meet to dis-
cuss -Senate File #271 (Library Statewide
Service) Monday, March 12, 1973 at 7:30 pm
in the Library Auditorium.
2. The Iowa Library Trustees Association in
cooperation with the Iowa State Traveling
Library and the School of Library Science
plans a conference Friday, March 23, 1973
at the Iowa Memorial Union, Iowa City.
3. Public meeting Wednesday March 7, 1973 at
7:30 pm in the Civic Center.for discussion
of CATV.
4. The resignation of Rose Lechay,,effective
May 1 1973.
5. Telephone reference service will no longer
be available before 'the `doors are open to
the public.
Meeting adjourned at 5:55 pm.
Secretary
Approve
In accord with your request, we are submitting to you this pro-
, gress.report.
The City Manager of Phoenix, Arizona, wrote an article summarizing
what they had discovered. He said, "the most important thing we
discovered was that there is no such thing as an expert in cable
television."
What we have learned is that broadband communication systems really
started when the FCC submitted its rules and regulations in January
and July, 1972.
Due to the infancy of this media, there is on one hand a dynamic
explosion occurring in the state of the art (technology) and in
all related areas. It is also true that there is not at present
the wide range of models and hard facts that`,one might desire.
Weare aware at this point of some of the values, some of the
potentials and some of the dangers that are related to a`broad-
band communication system, and look forward to further exploration.
We are aware of the fact that a bill has been introduced to create
a State Regulatory,' Commission.We have requested copies of this
proposed legislation. Even if a state commission is established, we
feel that the Committee should continue its work.
The following is:
I. An account of what we have done since our appointment.
II. A proposed process and schedule for submitting to you, 12
a second report.
I. 'An account of what we have done since our appointment,
A.
We have met weekly since January 5, 1973, for approxi-
mately'three hours each week. In addition, we held an
all -day meeting March 5, 1973, and an evening meeting-
March 7, 1973.
B.
We have sought to involve the public through public
discussion,at our meetings and through the public
meeting March 7, 1973.
C.
We have accepted the following committee assignments:
1. Regulations, Legal Considerations ------- Blum, Hubbard
2. Ownership -----,-------------------------- Ehninger, Eskin
3. Potential Uses of Institutions and Indi-
viduals--- ------------------------- Prediger, Welsh
4.` University ------------------------------
Cordier
S. Public;Schools--.---------- -------------- Russell
6. Access and Tools------------------------Kril
. D.
We have sought and secured counsel from the Cable
Television Information Center. The Center has pro-
vided us with field service, packets of materials, and
counsel. Mr, Mike Holland, Field Representative, was
our guest the day of March 5, 1973.
L
E. We have met with:
I. Jay Honohan, City Attorney
2. James Wise, Chairman, Cable Television Task
Force„ Iowa State Educational Association
3. Dave.Melone, Iowa Broadcasting Network
4. Claude Peterson, Peterson Engineering Co.
F. We have sought to become informed.
1. We have read extensively and have assembled
a basic resource library.
2.', Representatives have visited two cable systems -
San Diego, California and Lawrence, Kansas.
3. A representative has visited - The Children's
Workshop, MIT, Time -Life, and the Alternate
Media Center.
4. We have contacted:
a. 20 municipalities that we might learn and
profit from the experiences of others.
b. 16 special consultants to learn of the
type of consultative services available.
c. 10 equipment manufacturers that we might
learn more about.the type of equipment "
now being produced.
d. citizens groups, potential users of special
services, and Northwestern Bell, and Iowa -
Illinois Gas and Electric Company.
S. We have, studied the Federal Rules and Regulations.
(Addendum I is a summary prepared by Richard Blum.
This has been checked with the field representative
of Cable Television Information Center and the City
Attorney.)
G. We have indicated to the graduate students studying
CATV our interest in their work and our desire to
receive and consider their reports. (Addendum II)
II. A proposed process and schedule.
A. We plan to consider the following:
1. System design
a. Channel Uses
b. Channel Capacity
C. Public Service Installation
d. Access Programming Facilities
e. Point to Point Service
f. Two -Way Provisions $ Subscriber Privacy
g. Interconnection
h. Underground F, Overground Installation Require-
ments
i. Other Related Matters
2. Economic Feasibility
a. We propose to work with the Cable Television
Information Center in developing an economic
feasibility study correlating: (1) three basic
system designs; (2) three basic forms of
I•
PROGRESS REPORT -
ownership; and (3) three levels of rate return
on investment.
The first step in this study would involve`
the preparation of answers to a questionnaire.
For example, the number of homes, number of
street miles, etc. For this we request staff
assistance.
This report, which will cost approximately $200,
will provide us with preliminary data to aid in
our total considerations. This will take four
weeks from the time we submit our data.
b. In addition, we are 5cWisidering recommending
that a consultant be retained to do a more
detailed study of the potential of cable tele-
vision in Iowa City and its economic ramifica-
tions. This would be a more detailed report
than that outlined above. We have made pre-
liminary contact with the Mitre.Corporation and
the RAND Corporation, as well as others.
We plan to have a recommendation on this step in
May,
3. Patterns of ownership, management,,and service
a.We plan to consider all forms of ownership
including:
(1) Private - for profit
(2) Private - non profit
(3) Public for profit
(4) Public - for service
b. We also plan to investigate the possibilities
of and the wisdom of separating ownership and
management and service.
4. Ordinance provisions
a. Provisions governing the length, renewal, and
transfer of certificate of franchise.
(1) Length of franchise
(2) Renewal
(3) Transfers, assignments
b. Franchise territory - Extension of service
c. Technical performance standards - State of the
art provisions
d. Local regulatory framework
(1) Procedures for day-to-day regulation-
commission/board/authority
(2) Functions to be regulated including:
construction timetables, provision of service
upon customer demand, legislation of special-
ized services, maintenance and alteration
after construction, rates, franchise fees,
employment requirements, consumer complaints,
use of streets, pole attachments, etc.
(3) Methods for resolving disputes
(4) Records and reports
(5) Sanctions, penalties, enforcement
PROGRESS REPORT Page'4
(6) Indemnification, insurance, liability
for damages
(7) Foreclosure, receivership
B. It is our intent to use the following procedures:
1. Weekly meetings of the committee
-to review, discuss, and formulate recommendations.
to obtain citizen, staff, Council input.
2. Public workshops I
-to provide information, obtain citizen input and
reactions.
3. Use of special consultants to advise.
We now estimate that we can submit toyou a second report on or
before July 15. We anticipate that this report will include:
A. A recommended system, including potential services.
B. Recommendedpatterns of ownership, management, and
service.
C. Proposals for an ordinance.
D. Proposed future steps.
We would appreciate the opportunity of discussing this report with
you and obtaining YOUT reactions, suggestions, and approval to pro-
ceed as outlined.
2. Significant construction must be accomplished within one year.
Franchising authority must establish percentage of completion
required in succeeding years (must be` -"substantial"
3• Initial franchise period may not exceed 15 )
must be for "reasonable period." years; renewal
4. Franchising authority must approve initial rates and subsequent
increases.
5. Franchising authority should specify procedures for investigating
and correcting complaints regarding quality of service,.equipment.-.-
malfunctions, etc._ Franchisee must maintain local°office or
agent for complaints.
6. Any new, FCC regulations must be Incorporated into franchise
within one year or at renewal, whichever. -is.first.
B. If the fee exceeds 3% of franchisee's total annual revenue,
special permission to operate the system must be secured from FCC.
Subpart D. Carriage of television broadcast signals
7G.51 Major Television Markets
A.
B. 60. Davenport, Iowa - Rock Island - Moline,' Illinois
65. Cedar Rapids _ Waterloo, Iowa
66. Des Moines _ Ames, Iowa
76.54 Significantly Viewed Signals
Johnson County, Iowa
13TT 2 Cedar Rapids _ Waterloo
KCIIG g ofI4Y17I, 7 of
If}IBF 4 Davenport -'Rock Isknd
it,, (Quad City)
IYOC 6
76_55 Manner of Carriage
o • A• ......
B. Programs broadcast shall be carried in full without deletion or
alteration.
y s nc u n
within 35 miles (76.5(f))
'2
• •
page
76.63 ;Provision for Second 50 'Major Television Mnrkets
(see also 76.61 provisions for First 50 Major Markets)
A.
1.
A system for Iowa City must carry Channels 2,7 and 9.1
2.
Channel 12-
3.
4
....
5.
Channel 4'6
,I B.
'
1.
2.,
.
Atay carry two independent stations. However, if one independent"
station is chosen from,Chicago or St. Louis, any second station
I
desired must also be chosen from Chicago or St. Louis.
D.
Any
additional educational channels operated by an agency of the state
of
Iowa or any other noncommercial educational signals not objected
to
by any local noncommercial educational stations or state or local
educational television authority may be carried.
Subpart G:- Cable Casting:
76.201 Origination Cable Casting
A.
Any
system with 3500 plus'.subscribers Aust operate to a significant
extent as a local television outlet.
v
1.
Must originatelocal cable casting:
2.
Must have facilities for local program production (other than
automated)."
3.
Channels (one or more) designated for cable casting can be used
for no other; purpose.
76.205 Cable Casting by Candidates for Public Office
A.
"If
a cable television system shall permit any ,legally qualified
candidate nor public office to use its origination channel (s) '
and
facilities therefor, it shall......"
1.
Observe equal time provisions.
r;
2. 'Charge
rates equal to all other users.
Nowa L3�T•�'T - - - -
y s nc u n
within 35 miles (76.5(f))
3 )?excise no censorship nor discrimination.
76.205 1�'airness
--._.— -- ---- DOC tine
Shall afford reasonable opportunity for discussion of conflicting
views on issues of public importance,
If during such discussion or other broadcasting attack is made
011 "O"OstY, character, or integrity of an'
group, the system shall; identified
person or
1, Offer the person or group attacked opportunity to respond.
2. Offer time to
Parties with an opposing point of view.
76.21.3 Lotteries
Prohibited.
76,215 Obscenity
1. - - L.----
-- ---.
Prohibited,
70.217 Advertising
A. May be presented''onlY at beginning or end of each
Program or at
natural intermissions or breaks,
_
1• The system itself may not, specify
the program for advertising.such breaks nor interrupt`
2• Advertising material may not be presented on or in connection
with cable casting in any other, manner,
Nom: Natural' intermissions' means breaks in the
beyond the
time-outcontrol of cable television operator, Program.
'at sports event, intermission at concert,
recess in City Council meeting, etc.
76,221 SPonsorshi
--- P'Identif�ion
A. Any one contributing in any manner money, services, or other consider-
ation
onside _
ation directly or indirectly to any cable casting shall be
as a sponsor, r
identified
76,225 Per program or Per -channel Charges
2. Sports events which have been generally or rerularly seen without
charge.
3. Series or serial programs with continuing plots or regular cast
characters,
4. Not more than 90% feature films and sports events combined.
5. Pith no commercials except those promoting other programs at
beginning and/or end of programs.
76.251 Minimum_ Channel_ Capacity__ Access Channels
A. L. 20 channels must be available for immediate or potential use.
2. For each broadcast channel (class l) the system shall be capable
of providing one channel for cable casting use (class 2 or 3).
See 76,5 for class definitions.
'i
3. "Each system shall 'maintain a plant having technical capacity
for non -voice return communications''.
4.System shall maintain at least one public access channel.
a. Must make available and maintain equipment and facilities
for production of programming.
b. Must.be made available on a first-come, first-served, non-
discriminatory basis,
5. Shall maintain at least one channel for use by local educational
authorities.
6. Shall maintain at least one channel for use by local governmental'
authorities.
7, Any unused time or channels may be offered for leased access
services.
a. Leasors are subject to displacement on demand to use.the
channels for ,their designated purposes,
b. At least one channel shall give priority to part-time users.
• B. SystegiJ)aS„six months in which to expand by at least one channel
CL.unever :iii of -Lite existing, enanneis are in use ;;cr,:, of Lite
time, Monday thru friday, and for ;)0% of any three consecutive
hours for 6 consecutive weeks.
9. System shall exercise no control over content except as
otheiwise specifically provided.
10. For the first 5 years of service, (after completion of first
basic trunk line) channelsforlocal, educational and governmental
bodies must be made available without charge.
10a.At least one public acceos channel (as 4 above) must always
be available free of charge except for live production costs
for presentations over 5,minutes long. Any fees charged must
be "consistent with the goal of.affording the public a low
cost means of television access."
11., System shallestablish'rules, providing for first come, first
served non-discriminatory access and prohibiting
a. " Any advertising for sale or services including political
advertising.
b. Lottery information.
c. Obscene or indecent material.
lla. Complete records of all persons ,or groups requesting access time
will 6e maintained for a minimum of 2'years.
llb. On leased channels, above rules shall apply plus required
sponsorship identification as outlined in 76.221. Public
records shall include an appropriate rate schedule and records
of payments by leasing persons or groups.
11c. All of the rules called for in this section must be filed with
the FCC and avilable to.the,general public within 90 days _after
activation of any new channel.
Subpart H: General Operating Requirements
Subpart I: Forms and Reports
76.405 Cable Television Annual Financial Report
Annual financial report shall be filed with FCC within 90 days
after close of system's fiscal year.
76.406 Computation of Annual Fee
A computation of annual fee report shall be filed with FCC on or
before April l of each year.
d0
Page G
•
Subpart J: Diversification of Control
76,501 Cross -Ownership
A. No system may be owned or controlled or operated by
1: A national television
network.
2. A television broadcast station whose signal covers
the systema
the area of
NOTE: This section of the regulations
very broadly and does
defines control
and interest
not limit
stockholder, officers, directors,
those terms to a
etc,
majority
i
Subpart K: ,Technical Standards
1. Adams, Peter
2. Bechtel, Cathy
3. Bryant, Gayle
4. Deveaux, Zenobia
5. Huffman, John
6. Miller, Jan
7. ,Mulroy, Patrick
8. Porter, Gregory
9. Porter, Michael
10. Rae, Mary
11. Richardson, Kaye
12. Sloan, Creighton
13. Sutton, Robert
Research Topics
"Constructing, equi
staffing the non -c
production center:'«
"Politics.on the C
"History ot' ^abler
"CATV and the Ar
"Local Regula '
"CATV and the::'
-r
"Cons tructin
4 .:
the, commercia
"The Economic.
"CATV and Sec:..
"Local Programs,'`:
','Sports and CAT t;
"State Regulation
"CATV and the Pr'
I
m
Form 3
his is to certifY that the records a
ppeanng on this
roll were recorded on film in the re u
� lar course.
Of business For us by the
MICRp_TECHIy
OLOGY, INC.
Cedar Rapids, Iowa
THIS NOTICE TO APPEAR AT START AND END OF FILM
Name IOWA CITY FINANCE
by J. MORROW
Title
Date ... t"/L,
Place CEDAR BAPIDSr IOWA 52903
• 36B:620 --Seminar in Broadcasting
(Broadban Communications
Semester II, 1972-73
1. Adams, Peter
2. Bechtel, Cathy
3, Bryant, Gayle
4. Deveaux, Zenobia
5. Huffman, John
6. Miller, Jan
7. Mulroy, Patrick
8. Porter, Gregory
9. Porter, Michael
10. Rae, Mary
11. Richardson, Kaye
12. Sloan, Creighton
13, Sutton, Robert
Research Tonics
"Constructing, equipping, and
staffing the non-commercial CATV
production center"
"Politics on the Cable"
"History of Cable Television in Iowa
"CATV and the Arts"
"Local Regulation of CATV"
"CATV and the University of Iowa"
"Constructing, equipping and staffing
the commercial CATV production center"
"The Economics of CATV"
"CATV and Secondary Education"
"Local Programming on CATV"
"Sports and CATV"
"State Regulation of CATV"
"CATV and the Problem of, Privacy"
1
FROA1 THE DESK OF A8131E STOCITY�CLERK