HomeMy WebLinkAbout2001-08-21 Info Packet of 8/16 CITY COUNCIL INFORMATION PACKET
AUGUST 20 WORK SESSION ITEMS
IP1 Memorandum from City Engineer to City Manager: First Avenue Sidewalk
IP2 Memorandum from Planning and Community Development Assistant Director: Traffic
Calming on Highland Avenue
IP3 Memorandum from City Attorney: Smoking in Restaurants
IP4 Memorandum from Assistant City Attorney Matthews: Smoking in Restaurants
IP5 Letter from Caroline Dieterie and Carol deProsse to City Clerk: Charter Amendments
IP6 Memorandum from City Clerk: Meeting Schedule for Remainder of 2001
MISCELLANEOUS ITEMS
IP7 Letter from Maryann Dennis (Greater Iowa City Housing Fellowship) to Mayor Lehman:
Appreciation
IP8 Memorandum from City Manager: Construction Bids
IP9 Letter from City Manager: Proposed At-Grade Pedestrian Crosswalk at the
Intersection of US Highway 6 and Broadway Street
IP10 Letter from Neil Reichenberg (Public Human Resource Certification Council): Sylvia
Mejia
IPll Memorandum from City Attorney: Absence
IP12 Memorandum from City Clerk: July 30 Work Session
IP13 Memorandum from City Clerk to Department Directors: Information Given to Council
Candidates
IP14 Memorandum from City Clerk to City Council Candidates: Information Pick-Up
IP15 Memorandum from City Manager to City Council Candidates: City Finances -
Workshop
IP16 Memorandum from City Clerk: Agenda Items for September 5
IP17 Memorandum from City Clerk: Board and Commission Applications
IP18 Building Permit Information - July 2001
CITY COUNCIL INFORMATION PACKET
.~,%A. Auyst 16, 2001
AUGUST 20 WORK SESSION ITEMS //
IP1 ME from City Engineer to City Manager: First Avenue
IP2 Memorandum Planning and Community Development Director: Traffic
Calming r~d Avenue
IP3 Memorandum from Attorney: Smoking in Restaurants
IP4 Memorandum from City Attorney Matthews: Smokij in Restaurants
IP5 Letter from Caroline Dieterie to City CI, Charter Amendments
IP6 Memorandum from City Clerk: Schedule for R of 2001
MISC lEOUS ITI I
IP7 Letter from Maryann Dennis Fellowship) to Mayor Lehman:
Appreciation
IP8 Memorandum from City Manager: Construc Bids
IP9 Letter from City Manager: Pro Pedestrian Crosswalk at the
Intersection of US Highway
IP10 Letter from Neff Reichenberg Certification Council): Sylvia
Mejia
IPll Memorandum from City Attorney: ~nce
IP12 Memorandum from City Clerk: ,30 Work Session
IP13 Memorandum from City CN to Depadment Directors: Given to Council
Candidates
IP14 Memorandum from Ci' City Council Candidates: ~ Pick-Up
IP15 Memorandum from Manager to City Council Candidates: ~,~y Finances -
Workshop
IP16 Memorandum fn City Clerk: Agenda Items for September 5 ~
IP17 City Clerk: Board and Commission Applications ib~ute
IP18 Building Information - July 2001
3m from City Manager: Code of Ethics (previously distr ,d)
August 16, 2001 Information Packet (continued) 2
IP19 Memorandum from Dianna Furman: Utility Discount Program Statistics - Fiscal Year
'99 Total, FY 00, FY0'I and FY02
IP20 Eraall from Jerry Hansen to Neighborhood Services Coordinator: Wetherby Friends
and Neighbors
IP21 Email from Blaine Shaffer to Police Chief: Cedarwood Apartment Drug Dealings
[response from Police Chief included]
IP22 Letter from Timothy Walker to Ron Pearson: Pearson's
IP23 Minutes: July 12 Deer Task Force
IP24 Minutes: June 21 PATV Board of Directors
IP25 Email from Carol deProsse: Charter Amendments [2]
IP26 Email from Carol deProsse: Drugs
IP27 Fiscal Impact Analysis for the Windsor Ridge and Sycamore Farms Annexation
Areas - November '1992 [Kanner]
IP28 Memorandum from City Clerk: Liquor Establishments Not on Ground Floor
Memorandum from City Manager: Code of Ethics (previously distributed)
Memorandum from City Attorney: Charter Amendments
Memorandum from City Clerk: Three Charter Amendment Petitions
Memorandum from Finance Director: Certificate of Achievement
City of Iowa City
N
MEMORA DUM
Date: August 13, 2001 ~,~_,~~O..j
To: Steve Atkins, City Manager
From: Rick Fosse, City Engineer '~
Re: First Avenue Sidewalk
It is my understanding that the City Council desires to complete the sidewalk along First
Avenue before the extension to Scott Boulevard is open. Currently, there are two
propedies along the west side of First Avenue between Court Street and Rochester
Avenue that do not have sidewalk. Recent requests to the property owners to install the
sidewalk have been unsuccessful.
It appears that if the City desires to have this sidewalk constructed, it will need to be a
City project. It can be funded by the City or by special assessment. Assessment is the
most equitable option for the neighborhood, since the other property owners in the area
have responded to the need by constructing the sidewalks at their own expense. I
expect that the remaining property owners will oppose a special assessment, so a seven
of seven vote by the Council may be needed to comply with State code requirements for
assessments. Because of the significant time and expense necessary to develop an
assessment project, we should not begin the process unless there is a clear commitment
on the part of the Council.
Necessary Council action on a sidewalk special assessment project includes the
following:
1. Adopt a preliminary resolution (simple majority) describing the project, ordering the
engineer to prepare preliminary plans and specs, estimated cost, plat, schedule, and
a general description of the benefitted property.
2. Adopt a resolution (simple majority) determining the valuation of each lot to be
assessed.
3. Adopt a resolution of necessity. (Three-fourths of the council unless 75% of the
amount of the proposed assessment for the entire sidewalk improvement files a
written objection to the project, then unanimous vote of the council is required.)
4. Contract letting requirements are the same as with other public improvements.
Cc: Chuck Schmadeke
City of Iowa City
MEMORANDUM
DATE: August 16, 2001
TO: City Council
FROM: Jeff Davidson, Asst. Director, Dept. of Planning & Community Development
RE: Traffic Calming on Highland Avenue
You have scheduled a discussion of traffic calming on Highland Avenue for your
August 20, 2001 work session. At the meeting I can provide background information on
the history of this issue. Some of the things that you may wish to take into consideration
in your discussion include:
· Previous attempts at traffic calming. When the traffic calming program was
proposed, staff recommended that collector streets such as Highland Avenue not be
included in the program because they have as pad of their function to circulate
traffic. The City Council at that time decided to include collector streets but limit the
traffic calming program to collector streets with daily traffic volume of 3,000 vehicles
or less. Highland Avenue narrowly met this criterion with traffic volume of just under
3,000 vehicles per day.
The investigation of traffic calming features for Highland Avenue eliminated the more
commonly used features of speed humps and traffic circles because of the
proliferation of driveways and intersecting streets along Highland Avenue. There was
simply no appropriate place to safely install speed humps or traffic circles. A decision
was made to go with a series of chicanes in the residential portion of Highland
Avenue on either side of Keokuk Street. These were instantly met with widespread
opposition and were removed after they had been in place for a couple of weeks.
They did, however, slow down traffic as they were designed to do.
· Stop signs on Kirkwood Avenue. The Highland Avenue traffic calming issue has
been largely driven by the existence of the all-way stop intersections on Kirkwood
Avenue at Dodge Street and Keokuk Street. There is the perception that these all-
way stops contribute to diverting traffic from Kirkwood Avenue and onto Highland
Avenue. The all-way stops on Kirkwood Avenue have been considered by the City
Council on three occasions in the past few years and the decision each time has
been to keep them in place rather than go to signalized intersection control.
Signalized intersection control would allow Kirkwood Avenue to operate more
efficiently as a vehicle would not necessarily be required to stop in order to travel
along the corridor.
I would ask you in your discussion to remain aware that the approved traffic calming
program is not intended to impose unwanted traffic calming devices on a neighborhood.
It is intended to empower a neighborhood to determine if traffic calming measures are
desired by a majority of the neighborhood, and allow for the subsequent evaluation of
their appropriateness. If you determine that you wish to consider traffic calming again for
Highland Avenue, I would suggest your initial step be to direct staff to conduct a survey
of the potentially impacted neighborhood and see if your threshold of at least 60% of the
neighborhood being in favor is met.
Traffic Calming on Highland Avenue
August16,2001
Page 2
If the 60% threshold is met, I am willing to have staff go back to square one and
reconsider what traffic calming measures may be appropriate. We are obviously not
going to try the chicanes again; however, we now have additional information about how
speed humps and traffic circles work, and I would factor this information into our re-
evaluation of Highland Avenue traffic calming. We should also update our Highland
Avenue traffic count to see if the 3,000 vehicles per day threshold has been exceeded.
Let's discuss on the 20th.
cc: City Manager
Director of Planning and Community Development
Director of Public Works
City Engineer
Neighborhood Services Coordinator
JCCOG Traffic Engineering Planner
jccogtp/rnem/highiandave.doc
I08-16-01
City of Iowa City |P3
MEMORANDUM
DATE: August 8, 2001
TO: City Council ~
FROM: Eleanor M. Dilkes, City Attorne
RE: Smoking in restaurants
Pursuant to your direction at the last work session, I enclose again for your information
the proposed ordinance from CAFE, which was sent to the Council under cover of
October 3, 2000, and my memo to the Council dated April 4, 2001. As I noted at your
last work session, if the Council chooses to proceed with an ordinance prohibiting
smoking in restaurants but exempting those establishments with sales of alcohol
accounting for 50% or more of gross receipts of food and alcohol, I am prepared to draft
such an ordinance. It is my understanding from your last work session that it is your
desire to discuss again whether you wish to proceed with the ordinance and what form
you desire it to take.
I will be available to discuss this matter with you at your next work session.
Attachments
Cc: Marian Karr
Steve Atkins
Dale Helling
Andy Matthews
eleanorlmenVsrnokingord.doc
AN ORDINANCE TO PROVIDE FOR SMOKE-FREE ENVIRONMENTS IN RESTAURANTS
WHEF,.EAS, there is a substantial body of scientific research showing that breathing environmental tobacco
smoke (ETS) is a significant health hazard for nonsmokers, as evidenced by the United States
Environmental Protection Agency's risk assessment classifying ETS as a group A carcinogen; and
WHEREAS, numerous other studies have found that tobacco smoke is a major contributor to indoor air
pollution and that breathing second-hand smoke is a cause of disease, including lung cancer, in
nonsmokers. At special risk are children, the elderly, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including asthmatics and those with obstructive airway
disease; and
WHEREAS, according to a study done by RMA in August 2000, 93% of the people in Iowa City and
Coralvi[le believe that second-hand smoke is a health risk, and 74% support restrictions on smoking in
public places; and
WHEREAS, it is in the best interest of the people of the City of Iowa City to protect the health of persons
affected by the smoking of others while in indoor areas open to the public, public meetings, food service
establishments, and places of employment by restricting involuntary exposure to environmental tobacco
smoke; and
THEREFORE, the purpose of this ordinance is to preserve and improve the health, comfort, and
environment of the people of the City of lowa City by fiather limiting exposure to environmental tobacco
smoke.
SECTION I DEFINITIONS:
I. BAR means an establishment or portion of an establishment where one can purchase and consume
alcoholic beverages as defined in the Iowa Code section 123.3, subsection 4, but excluding any
establishment or portion of the establishment having table and seating facilities for serving of meals to
more than fifty people at one time and where, in consideration of payment, meals are served at tables
to the public.
2. FOOD SERVICE ESTABLISHMENT means any indoor restaurant or other area open to the public or
portion thereof in which the business is the sale of food for on-premises consumption.
3. PUBLIC MEETING means a gathering in person of the members of a government body, whether an
open or a closed session under chapter 2 I.
4. SMOKING means the carrying of or control over a lighted cigar, cigarette, pipe or other [ighted
smoking equipment.
5. PUBLIC PLACE means any enclosed indoor area used by the general public or serving as a place of
work containing two hundred fifty or more square feet of floor space, including, but not limited to, all
restaurants, all retain stores, lobbies and mails, offices, including waiting rooms, and other commercial
establishments; public conveyances with departures, travel, and destination entirely within this state;
educational facilities; hospitals, clinics, nursing homes, and other health car and medical facilities; and
auditoriums, elevators, theaters, libraries, an museums, concert halls, indoor arenas, and meeting
rooms. "Public Place" does not include a retail store where tobacco or tobacco products are sold, a
private, enclosed office occupied exclusively by smokers even though the office may be visited by
nonsmokers, a room used primarily as the residence of students or oth'er persons at an educational
facility, a sleeping room in a motel or hotel, or each resident's room in a health care facility. The
person in custody or control of the facility shall provide a sufficient number of rooms in which
smoking is not permitted to accommodate all persons who desire such rooms.
6. EMPLOYEE means any person who is employed by any employer in consideration for direct or
indirect monetary wages or profit, any person who volunteers his or her services a non-profit entity.
7. RESTAURANT means a food service establishment whose sale of alcohol accounts for less than rift5,
percent of the establishment's gross receipts.
SECTION 2 PROHIBITIONS:
A. Smoking in a public place which is a restaurant is prohibited in Iowa City.
B. Such restaurant shall be designated as a no smoking area.
C. Notwithstanding the forgoing provisions, this ordinance does not apply to bars and private residences.
SECTION 3 POSTING OF SIGNS:
A person having custody or control of a public place or public meeting shall cause signs to be posted within
the appropriate areas of the facility advising patrons of smoking and no-smoking areas. In addition the
statement "Smoking prohibited except in designated areas" shall be conspicuously posted on all major
entrances to the public place or public meeting.
SECTION 4 REASONABLE DISTANCE:
Smoking shall occur at a reasonable distance outside any enclosed area where smoking is prohibited by this
Ordinance to insure that tobacco smoke does not enter the restaurant through entrances, windows,
ventilation system or any other means.
SECTION 5 ENFORCEMENT:
A. Enforcement of this Ordinance shall be implemented by the City of Iowa City, or his or her designee. ~
B. N~ti~e~fthepr~visi~nssetf~hinthis~rdinancesha~lbegivent~a~appli~antsf~rabusin~ss
license in the City oflowa City.
C. Xny citizen or other affected person who desires to register a complaint under this chapter may initiate
enforcement with the City of Iowa City.
D. The Johnson County Deparunent of Health and the Fire Department shall require, while a restaurant is
undergoing otherwise mandated inspections, a "self-certification" from the owner, manager, operator
or other person having control of such restaurant that all requirements of this Ordinance have been
complied with.
E. Any owner, manager, operator or employee of any restaurant regulated by this Ordinance shall inform
persons violating this article of the appropriate provisions thereof.
SECTION 6 VIOLATIONS AND PENALTIES:
A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any
premises subject to regulation under this Ordinance to fail to comply with any of its provisions.
B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions
of this Ordinance.
C. Any person who violates any provision of this Ordinance shall be guilty of an infraction punishable by:
1. A f'me not exceeding one hundred dollars ($100) for a first violation.
2. A free not exceeding two hundred dollars ($200) for a second violation within one ( 1 )
year.
3. A free not exceeding five hundred dollars ($500) for each additional violation within one
( 1 ) year of preceding violation.
SECTION 7 SEVERABILITY:
If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which
can be given effect without the invalid provision or application, and to this end the provisions of this article
are declared to be severable.
SECTION 8 EFFECTIVE DATE:
This Ordinance shall be effective thirty (30) days from and a~er the date of its adoption.
Passed and approved this day of ,2000
MAYOR
ATTEST:
CITY CLERK
Approved by
City Attomey's Office
City of Iowa City
MEMORANDUM -
Da~e:April 4, 200 I
To: City Council ~
From: Eleanor Dilkes, City Attorney
Re: Smoking in Public Places/Restaurants
Chapter 142B of the Iowa Code prohibits smoking in "public places" except in a designated smoking area.
A copy of the definition of "public place" is attached. No public place other than a "bar" may be
designated as a smoking area in its entirety. "Bar" is defined as "an establishment or portion of an
establishment where one can purchase or consume alcoholic beverages.....but excluding any establishment
having table and seating facilities for serving of meals to more than fifty people at one time and where, in
consideration of payment, meals are served at tables to the public." So, any establishment which sells
alcohol and has table and seating facilities for serving meals to more than 50 people at a time must have a
designated non-smoking area.
On November 14, 2000, the Iowa Attorney General issued an opinion that a city ordinance which
prohibited smoking in any public place would not be inconsistent with or in conflict with Chapter 142B.
This opinion gives the City considerable latitude to regulate smoking in public places.
In October 2000 the Johnson County Tobacco Free Coalition presented the Council with a proposed
smoke-free restaurant ordinance. The proposal prohibited smoking in a public place that is a "restaurant"
and defined "restaurant" as a business selling food for on-premises consumption whose sales of alcohol
account for less than 50% of the establishment's gross receipts, i.e. if sales of alcohol are 50% or more of
gross receipts smoking is not prohibited. The proposed ordinance also exempts "bars" using the definition
of"bar" under 142B. So, the upshot is that in businesses where food is sold for on-premises consumption
smoking is prohibited unless sales of alcohol account for 50% or more of gross receipts or alcohol is sold
and there is not table and seating facilities for serving of more than 50 people. This essentially creates two
standards for what is a "bar" and what is a "restaurant".
Ames has recently passed an ordinance which generally prohibits smoking in public places, with certain
exceptions, including food establishments between the hours of 8:30 p.m. and 6:00 a.m., establishments
with less than 10% food sales, qualified truck stops, bowling alleys during certain hours, and various other
exceptions. A copy of the Ames ordinance is attached.
I need direction from you as to where and when you desire to prohibit smoking. Please keep in mind that
many establishments which are generally referred to as bars also offer food services to patrons. Any
restrictions or prohibitions relating to restaurants may apply to such establishments, depending on how we
define food establishments, and what exceptions you may permit, such as ones based on a percentage of
food sales and time of day.
Accordingly, to assist me in drafting an ordinance, 1 request responses to the following questions: I. Do you wish to prohibit smoking in all "public places" or just in restaurants (places
where food is sold for on-premises consumption)?
2. Do you wish to set time limitations during which times smoking is permitted (similar to
the Ames ordinance), and if so, for what time periods?
3. Do you wish to have limitations based upon percentage of food sales, and if so, what
percentage?
4. Rather than or in addition to basing the limitation on percentage of food sales, do you
wish to exempt establishments that serve alcohol and have seating for less that 507
5. Do you desire that certain types of establishments be exempt, such as truck stops or
bowling alleys, and rented rooms for private social events?
6. Do you wish to prohibit minors from being in smoking areas?
7. Do you wish to include smoking prohibitions on outdoor seating areas?
8. What do you wish the penalty to be? Under Chapter 142B the penalty against both the
owner/manager who fails to designate a no-smoking area and a person who smokes in a
designated no-smoking area is $25.00 civil penalty. Violation of the City's no smoking
provisions would be a municipal infraction. Under City Code municipal infractions,
unless otherwise specified, are $100/$250/$500 for first, second and subsequent offenses
but a specific penalty may be provided and can be up to $500 for the first offense and
$750 for subsequent offenses under State Code.
With guidance from the Council, we should be able to put together a draft of an ordinance for Council
review in relatively short order.
cc: Stephen Atkins, City Manager
Dale Helling, Assistant City Manager
Marjan Karr, City Clerk
Andy Matthews, Assistant City Attorney
AndyXMemo\Cig. Council4-4--01
04/11/01 WED 15:56 FAI 5152395142 CITY OF AMES ~001
CHAPTER 21A
SMOKING IN PUBLIC PLACES
See. 21A.100. PURPOSE.
The purpose of the provisions of this chaptcr, Sections 21 A. 1 O0 through 21A.300 of the Municipal Code of
the City of Amcs, Iowa, is to augment the provisions of chapter 142B, Sections 142B. 1 through 142B.6 Code of
Iowa, by prohibiting smoking. as smoking is deigned by Section 142B. 1(4) Code of Iowa. m public places, as
'public place' is dcf'mcd m Scction 142B.I(3) Code of Iowa, to prevent thc designation in those public places of any
smoking area in accordance wi~ Seenon 142B2(2) Code of Iowa.
Sec. 21A.101. PUBLIC PLACES WIlLERE SMOKING IS PROV/IIIITED.
Smoking. as dcfmed by Subsection 142B.1(4) Code ofhiwa, is proh~ited in any estabtishment that is a
"public place" as defined by Subsection 142B.1(3) Code of Iowa.
See.. 21A.102. DESIGNATION OF SMOKING ~ PROHIBITED.
The pence having custody or con~xol of any place that is a 'pubtic place' as defined by See,ion 142B.1(3)
Code of Iowa. ~h~ll not designate any pan or portion of that place as a smoking area pursuant to Section 142B 2(2)
Code of Iowa.
Sec. 11A.200. FOOD ES'I'ABLISIIMENT, TLVIE-OF-DAY EXF. MYI'ION.
The provisions of Section 21A.101 and Section 21AA02 of the Municipal Code of the City of Ames, Iowa
shah not apply to a food cstablishment as defined by Section 137F.1(8) Code of Iowa during that ~rnc bctwecn 8:30
p.m. and 6:00 a.m. During thai time such food establishment may designate a smoking area in accordance w~th
Section 142B.2(2) .Code of Iowa. Such food es,ablishraent flat tennim~tes food service at the estabhskmem on a
",,_,. consistent and regularly scheduled basis at a time eattier ,ha,~ 8:30 p.m. shall not, during the time period betwee~
svch ea~ier time and 6:00 a.m.. be subject to Sections 2 tA.10l and 21A.102 of the Municipz.1 Code of the city of
Ames, Iowa. and may, between such earlier time and 6:00 a.m. designate a smoking axed in accordance with Section
142B.2(2) Code of Iowa.
See. 21A.201. LEgS THAN TEN PERCENT EXEMPTION.
The provisions of Sections 21A.101 and 21A.102 of the Municipal Code of the CiW of Ames. Iowa shall
not apply to a food establishment as defined by S~tioa 137F.l(g) .Code of Iowa that is alzo a licensed premises as
deemed by Section 123.3(20) .Code of Iowa ffnon-.alcohotic food sales at such establishment are less than ten
peavent of the dollax mount of .sales of all kinds at that e~tabli~rntm~' and theIx: ~ bc:en filed with ~ ~ City
Cleric the swom affidavit of the person in custody and control of the establishn',em attesting to that fact Tee sales
price ofnon-alcohotic food that is delivered from a food es,ablishmenl as defined by 137F.1(8) Code of Iowa to a
licensed premises as defmed by Section 123.3(20) Code of Iowa for commmplion on the premises to which it is
ddiverecI. shall be inehided in computing the d~llar axtmunt of non.alcoholic food sales and the dollar mount of
sales of aH kinds of the establi.~hmont m which the non-alcoholic food is delivered, for purposes of computing the
percentage of non-alcoholic food sales at the establishment for which the c-xemption under fixls section is sought.
See. 21A.101. TRUCK STOP EXEMPTION..
(a) The pro'risions of Section 2 tA. 101 and 21A.102 of the Municival Code of the city of Ames, Iowa
shall not apply to that portion of a public placc, as public place is deemed in Section t42B.1(3) Code of Iowa, that is
a fully enclosed room within such public place, and which fully enclosed room has a forced nix ventilation system
that is separate from the ventilation system for the remainder of the said public place in which such room is located
Sup # 2001-2 21A-1 Rev, 4-1-01
04/11/01 WED 15:56 FA~, 5152395142 CITY OF A~ES ~002
if the said pubbc place is a food establishment as dcfmcd by Sect/on 137F. 1 (8) Code of Iowa that.
'~' (i) is located within 1.000 feet of ~terstate Highway 35;
(it) provides parking spaces for more Ihan twelve semi-reactor trailers; a~ld
(iii) has filed with the Ames City Clerk the sworn affidavit of the pc, son in custody and
control of rite asbablishment that the establishment has. in addthen to its food sa {ca, sales
of diesel fuel that on average, over a calendar yem', mount to more than twelve thouand
gallons per nmnth, as she'.re by records made in the regular coulse of that
establlshmcnt's business and filed with the said affidavit.
(b) In the event that the dining area or such public place as is tile subject of this section is cxpandcd
subsequent to the establishment of an exempt roein provided for in this sectinn. there shall bc no increase in the area
of the said exempt room.
Sec. 21A.203. BOWLING ALLEY EXEMPTION.
(a) The provisions of Scction 21A.101 and 21A.102 of the Mm~icipa] Code of the City of Ames, Iowa
shall not apply, dunng the time between the bouts ~f' 6:00 p.m~ and the following 6:00 n-re. on all days and between
3:00 p.m. Thursday and file following 6:00 a_m,, to a public place as public place is defined by Section 142B, 1(3)
Code of lowa~ that offcrs_~e use of not le~s than twelve full scale bowling lanc~ that are each equipped v~th
optfable automatic pin sctting apparatus. During the times stated Ln this section, such public place with bowling
lanes as aforesaid may designate a smoking area in accozdancc with Section 142B,2(2) Code of Iowa_
(b) The provisions of Section 21A.101 a~d 21A,102 ofthc Municipal Code of the CiW of Ames. Iowa
shall not apply to that pernon of a public place, as public place is dcfmexl in Section 142B, 1 (3) Code of Iowa, that is
a fully enclosed room within such public place which room has a forced air ventilation system that is separate from
the ventilation system for the reminder of the public place in which such room is located, if the said public place
offers the u.sc of not less than twelve full scale bowling lanes each equipped with opcrable automatic pin setting
apparatus,
Sec. 21A204. RENTED ROOM SOCIAL EVENT EXEMPTION.
Section 21A. 101 and 21A, 102 of the Municipal Code of the City of Ames, Iowa shall not apply i.n case~ in
which an entire room or hall is used for a private social function and seating arrangements arc under the control of
the sp onset of the function and not the proprietor or perso~ in chargc of the place. all in accordance wi th Scctxon
142,B .2( 1 ) Code of Iowa.
Sec. 21A,1(15. CERTAIN WORK PLACES EXEMi~TION.
Section 21A. 101 and 21A.102 of the Municipal Code of the City of Ames, Iowa alhall not apply to
factories, warchousc~ and similar placcs of work not usually f~e, quLmted by the general publlc~ all in accordance with
Section 142B.2(1) Code of Iowa.
Sec. 21A300. SMOKE-FREE AREAS, HOTELS AND MOTELS.
(a) Thepersonincustodyandcontxolofanyhotelormotelshalltukesuchmeasurcsasshallbe
reasonably nccessa.,y and effectlye to keep all lobby areas, corridors and other common areas of the hotel or motel
free from any level of tobacco saneke that can be detected by the unaided b,,n~,m sense of smell.
Co) Smoking, as defined by subsection 142B.1(4), Code of Iowa. is prohibitcd in any hotel ot motel
lobby. corridor or other common area of the hotel or motel
See. llA301. SMOKE-FREE AREAS, CERTAIN ENTRANCES AND EXITS.
(a) The person in custody and control of any place that comes within the scope of Sections 2 IA200,
21A.201, 21A.202, and 2 IA.203 of the Municmal Code of the City erAmeal Iowa shall take such measures as
bc reasonably necessary and feasible to maintain all points within fifteen feet of the main entrance and the ,n~i~ exit
Sup # 2001-2 21A-2 Rev. 4-1-01
04/11/01 WED 15:57 FA~ 5152395142 CITY OF ,~fES ~003
of such place frcc from any lcvcl of tobacco smokc tint can be detected by the unaided human sense of sine)[,
(b) Smoking, as defined by Subsection 142B. 1(4), Code of Iowa, is prohibited at any point wittm~
fifteen feet of d:e main entrance cud the main exit of any place that comes within the scope of Sections 21A.200.
21A.201, 21A. 202. and 21A. 203 o f the Munic ival Code o f the Cit-/o f Ames. iowa.
See. 11A.400. MINORS PROHIBITED IN SMOKING AREAS
(a) The person in custody and control of any place that comes within the scope of Sections 21A.200,
21A.201, 21A.202. and 21A.203 of the Muhici0al Code of the City of Ames, Iowa shall take such measmes as shall
bc reasonably nccc. ssary and fcas~le to prevent persons under the age of eighteen from being present in any axca
where m~okjng, a.s defined in Subsection 142B. 1(4) Code of Iowa, is allowed under the Mun{cipaJ Code of the CIty
of Ames, Iowa.
(b) It is unlawful for any person under the age of cightccn to bc present in any place where smoking is
allowed under the ..MuniciDa] Code of the City of Ames, Iowa,
See. 21A.500. OUTDOOR SEAI'I_NG AREAS.
Outdoc~r seating areas shall b¢ subject to the proht~iuons, pro,.4sions and exemptions staled in Sections
21A.101, 21A. 102, 21A.200. 21A,201, 21A,202. 21A.203, 21A.204, 21A.205, 21A.300, 21A.301 and 21A.400, ~m
same as indoor scat~ng areas.
See,. 21A.600. PENALTY.
(1) Violation of Secnon 21A.102, 2 J,A,300(a), 21A,301(a), end 21A.400(a) shall be a municipal
infraction punishable by a civil penalty of $500 for a person's fiat violation thcrcof, and a penalty of $750.00 for
each repeat violation.
(2) Smoking in violation of Section 21A.101.21A.300(b), 2IA.301Co), and 21A.400Cb) shall bca
municipal infraction puldshable by a penalty OFS25,00.
(Ord. No. 3608. 3-6-01)
Sup # 2001-2 21A-] R~v. 4-1-0l
City of Iowa City
MEMORANDUM
Date: August 10, 2001
To: City Council
From: Andrew Matthews, Assistant City Attorney,f////
Re: Smoking in Restaurants
Councilmember Kanner requested the enclosed information regarding smoking in
restaurants. I am providing it to you.
Cc: Marian Karr
Steve Atkins
Dale Helling
Eleanor Dilkes
DEPARTMENT OF HEALTH AND FAMILY 8ERVlCES STATE OF V'tqSCONSiN
HFS.-32 (Ray. 8197)
FACSIMILE COVER MESSAGE
CONFIDENTIALITY: This facsimile transmission is intended only for use of the individual of entity to which it is addressed. It may
contain information that is privileged, confidential, or exempt from di6ctosure under applicable law.
If the reader of this message iS not the intended recipient. you are notified that any review, use. copyin9, or dissemination or
distribution of the contents other than to the addressee of this communlcstlon, is stdctly prohibited.
If you received this communication in error, notjfy us Immediately by telephone and return the original me:3sage to us through the
United States Postal Set'vice to fie address we will ixovide.
TO:
Name Facsimile Telephone Number
Ms. Eileen Fisher
(3'19) 335-4484
Location Room Number Telephone Number
Iowa City Health Department
FROM (Sender):
Name Number of Pages Fncsimile Telephone Number
Tim O'Hearn Including cover page
31 (608) 266-8925
Location DH, jFS/DPFJCDPFI~ T":slephone Number
Madison, WI
(608) 266-2206
OPERATOR
[] Destroy Originals
[] Return Originals to Sender
COMMENTS/INSTRUCTIONS The enclosed matedal (Smoking orclinances) are a request from Marian Sheridan. Please let me know
if there is anything else you need. Tim O'Hearn
THE FACSIMILE MACHINE COPIES ONLY ONE SIDE OF THE DOCUMENT.
Call sender (Telephone Number) if there is a problem with transmission.
Clearing the Air in Wisconsin
Section 8 - Wisconsin Municipal Clean Indoor Air Ordinances
8a, City of Fond du Lac Ordinance
ORI)INANCE NO. 2959
AN ORDINANCE AMENDING CHAPTER 9
OF THE CODE OF ORBINANCES OF
THR CITY OF FOND DU LAC
The City Council of the City of Fond du Lac, Wisconsin, do ordain as follows:
Section 1. That Section 9.155, ofthe code of Ordinances of the City of
Fond du Lac, SMOKING PROHIBITED IN INDOOR AREAS OF
RESTAURANTS, is hereby created to read as follows:
9.155 SMOKING PROHIBITED IN INDOOR AREAS OF RESTAU'RA. NTS.
(1) DEFINITIONS. For purposes of this section, the following terms have the meaning
indicated:
"Full Service Bar" shall mean a counter-like object with accessory Rating for customers,
over which fermented malt beverages or intoxicating liquors are gold for consumption
upon the premises. A service bar without accessor), seating for customers; shall not be
considered a full service bar.
"Full Service Bar Area" shall mean the full service bar and the area immediately adjacent
to the full service bar in which the service of food is incidental to the consumption of
alcoholic beverages.
"Private Club" means churches, religious, frat~cnal, youths' or patriotic organizations,
service clubs or civic organizations which prepare and serve or sell meals to members
and guests only.
"Restaurant" means an establishment defined in Sec-254.61(5) Wis. Stars-, whose sale of
alcohol beverages accounts for less than 33% of the establishment's gross receipts of the
most recent alcohol licensing year. but does not mean churches, religious, fraternal,
youths' or patriotic organizations, service clubs and civic organizations which prepare
and serve or sell meals to members and guests only.
"Room" shall mean a space within a building completely enclosed with w,ills, partitions.
floor and ceiling, except for openings for light, ventilation, ingress and egress.
"Separately ventilated" shall mean that the area is ventilated to a standard specified in the
state building code, Wis. Admin, Code Sec. ILHR 64.05, and that there is a ventilation
system for the smoking area which is separate and distinct from the ventil~ttion system for
the nonsmoking area so that there is no m~xing of air from the smoking and nonsmoking
areas.
"Service Bar" shall mean an area w~thou~ accessory seating for customers, at which
fermented malt be'~erages or intoxicating liquors are prepared for service with
"Smoking" shall mean to smoke or cart) a lighted pipe, cigar, cigareRe or tobacco related
products in any form.
Cle~dng the Air in Wisconsin
'Tavern" shall mean any establishment with a full service bar in which ferntented malt
beverages or intoxicating liquors are sold for consumption upon said prom ,sos and whose
sale of alcohol beverages accounts for 3B% or more of the es~blishment's gross receipts
of the most recent licensing year.
(2) INTENT AND PURPOSE.It is recognized that smoking of tobacco r~:lated products
is hazardous to an individual's health and may affect the health ofnon:;mokers when
in the presence of smokers in certain public places. This ordinance is adopted for the
purpose of protecting the public health, safety, comfort and general we:l fare of the
people of the City of Fond du Lac, especially recognizinl~ the rights of nonsmokers
who constitute a majority of the population.
(3) SMO1CING PROHIBITED. It shall be unlawful for any person to smoY, e in all
enclosed, indoor areas of restaurants.
(a) Exceptions.
I. Full Service bar area.
2. A room in a restaurant designated by the owner or proprietor as a
smoking room, which is separately ventilated from each and every other area
of the establishment.
3. Taverns.
a. Tavems whose sale ofalcohol beverages accounts for B3% to S0% ofthe
establishmenfs gross receipts of the most recent alcohol licensing year shall
provide a nonsmoking section for customers and otherwise c~:,mply with Sac.
10l. 123, Win. Stats., the Clean Indoor Air Act,
b, Taverns whose sale of alcohol beverages accounts for more than 50%
the es~ablishment's gross r~-ceipts of the most recent alcohol-licensing
year are exempt from this subdivision,
c. Upon request of the Chief of Police or City Clerk's office. owners of
taverns shall substantiate the percentage of their gross rec:eipts devoted to
food and alcohol beverage sales.
4. Private clubs. Private clubs shall provide a nor~smoking section for
customers and otherwise comply with Sac. 101 .I23, Win. Stars.the Clean
Indoor Air Act,
(b) Ashtrays, cigarerie machines, and other smoking paraphernalia shall not
be placed in nonsmoking areas.
(c) This subsection applies to restaurants within a mall including adjacent
seating.
(4) SIGNS REQUIRI~D. (a) Signs prohibiting, prohibiting except in designated
areas. or pertaining smoking, as the case may be, shall be posted conspicuously
at every entrance and in prominent localions throughout the prorhinos by the
proprietor or other person in charge of'each building or structure specified in
34
Clearing the Air in Wisconsin
Subsection (3). Signs shall contain a reference that regulation is by 3rdinance
such as, "No Smoking - City ordinance No. 9.155", Smoking Prohibited by City
Ordinance Except |n Designated Areas", or equivalent, The propriel:or or other
person in charge of premises regulated hereunder shall further maker reasonable
efforts to prevent smoking in prohibited area~ by:
1. Approaching persons who fail to voluntarily comply with this section
and request that they extinguish their smoke and to refrain from
smoking upon witnessing the same or upon request of any person.
2. Any other means which may be deemed appropriate by said
proprietor, including refusal of servi~ to anyone smoking in a
prohibited public area.
(b) Restaurants and taverns shall post, --n a conspicuous place at th~ entrance
normally used by the public, a sign not smaller than eleven by eight and one-
half inches (1 I" x 8 1/2') indicating whether they permit smoking or whether
they are smokefree. Each sign shall contain the non-emergency number for
the City police department,
(c) It shall be unlawful for any person to remove, deface, or destroy any legally
required "No smoking" sign, or to smoke in any place where any such sign is
posted-
(5) INSPECTIONS. It Shall be the duty of the Chief of Police or his/her designee, and
they shall have the power, whenever they may deem it necessary to enter the
premise required in this section to ascertain whether the signs are posted, and, to
order the posting of such signs where required. A compliance time of not less
than one week shall be granted. Upon failure to comply with such written or
verbal order, a citation may be issued pursuant to the provisions of the Code,
(6) PENALTY. Any person who violates for the first time any provision of this
section shall be required to forfeit not less than fifty dollars ($50). For a
violation committed with in twelve (12) months of a previous violetlion, forfeiture
not less than one hundred dollars ($100). Each day of violation shall constitute a
separate violation.
(7) SEVERABILITY- The provisions of this section are severable. If any provision
of this section is held to be invalid or unconstitutional or if the application of any
provision of this section to any person or circumstance is held to b~: invalid or
unconstitutional, such holding shall not affect the other provisions or applications
of th is section which can be given effect without the inval id or unconstitutional
provision or applications. It is hereby declared to the intent of the City Council
that this section would have been adopted had any invalid or uncot~stitutional
provisions or applications not been included herein.
Section l. All other ordinances and resolutions inconsistent with thi:; ordinance are
hereby repealed.
Section 3. This ordinance shall take effect and be in force niner> (90) days after its
passage and publication as provided by law.
Clearing the Air in Wisconsin
7b. City of Madison Ordinance
Sec. 23.04 OFFENSES AGAINST PUBLIC POLICY
23.05 SMOKING PROHIBITED 1N CERTAIN PUBLIC AREAS.
Definitions.
"Educational Facility" shall mean any building used principally for educational
purposes in which a school is located or a course of instruction or training program is
offered that has been approved or licensed by a state agency or board. (Cr. by
Ord. I 1,091, 12-22-94)
"Full Service Bar" shall mean a counterlike object with accessory seating for
customers, over which fermented malt beverages or intoxicating liquors are sold for
consumption upon the premises. A service bar without accessory seating for
customers shall not be considered a full service bar.
"Full Service Bar Area" shall mean the full service bar and the area imfnediately
adjacent to the full service bar in which the service of food is incidental to the
consumption of alcoholic beverages.
"Private Club" means churches. religious, fraternal, youths' or patriotic organizations,
service clubs or elvic organizations which prepare and serve or sell meals to members
and guests only. (Cr. by Oral. 11,558, 3-29~96, 4-4-96)
"Restaurant" means an establishment def'med in See. 254.61(5). Wis. Stars., whose
sale of alcohol beverages accounts for less than 33% of the establishmenfs gross
receipts of the most recent alcohol licensing year, but does not mean churches,
religious, fraternal, youths' or patriotic organizations, service clubs and civic
organizations which prepare and serve or sell meals to members and guests only,
(Am. by Ord. 11,558, 3-29-96, 4-4-96)
"Room" shall mean a space within a building completely enclosed with walls.
partitions, floor and eelling, except for openings for light, ventilation, regress and
egress.
"School Board" shall mean the school board in char~ of the public schools, grades
K-12, of a school district. (Cr. by Ord. 11,091, 12-22-94)
"Separately ventilated" shall mean that the area is ventilated to a standard specified in
the state building code, Wis. Admin. Code See. ILHR 64.05. and that l:here is a
ventilation system for the smoking area which is separate and distinct from the
ventilation system for the nonsmoking area so that there is no mixing of air from the
smoking and nonsmoking areas.
"Service Bar" shall mean an area without accessory seating for customers. at which
fermented malt beverages or intoxicating liquors are prepared for service with meals.
"Smoking" shall mean to smoke or carry a lighted pipe, cigar. cigarette or tobacco-
related products in any form.
"Tavern" shall mean any establishment with a full service bar in which Fermented
malt beverages or intoxicating liquors are sold for consumption upon said premises
and whose sale of alcohol beverages accounts for 33% or more of the esrabhshment's
gross receipts of the most recent licensing year as specified in Chapter- 38 of these
ordinances. (Am. by Ord. I I, 558, 3-29-96, 44-96)
"Use Tobacco Products" shall mean to consume by means other than ;mok~ng
including, but nor limited to, the chewing. spitting, swallowing, snorting. inhahng or
36
Clearing the Air in Wisconsin
ingesting of any tobacco product. (Cr. by Ord. 10,679, 6-11-93) (Sec. 23.05(1) Am.
by Oral. 10,531, 12-30-92)
(2) Intent and Purpose. It is recognized that smoking of tobacco-related products is
hazardous to an individuars health and may affect the health of nonsmokers
when in the presence of smokers in certain public places. This ordir~ance is
adopted for the purpose of protecting the public health, safety, corn Fort and
general welfare of the people of the City of Madison, especially recognizing the
rights of nonsmokers who con~itute a majority of the population.
(3) It shall be unlawful for any person to smoke or use tobacco products in any of the
following public phces:
(a) All passenger elevators except those in single-family dwellings and all
enclosed stalrwells of City of Madison parking ramps. (Am. by Ord. I 1,327,
8-11-95)
(b) All taxicabs and regular common carriers including scheduled motor buses
and school buses, except special or charter buses for private hire. All waiting
rooms in bus depots, except a designated area set aside for smoking not to
exceed fifty percent (50%) of the seating area provided the e×L.ting physical
barriers and ventilation systems shall be used to minimize the toxic effect of
smoke in adjaoent nonsmoking areas. (Am. by Oral. 10,983, 9-14-94)
(c) All indoor theatres, libraries, museums, auditoriums or concert halls which
are used by or open to the public, except in oertain nonseating areas
designated by building management where smoking is not otherwise
prohibited. This subsection shall not be construed to prohibit the use of
cigars, cigarettes or pipes upon the stage of such theatres when used in
connection with any theatrical performance.
(d) All educational facility buildings, except in certain axee. s of employee
lounges not to fifty percent (50%) of the lounge area(s), provided existing
physical barriers and ventilation shall be used to minimize the toxic effect of
smoke in adjacent nonsmoking areas, and in_private closed offices occupied
exclusively by smokers even though such offices may be visited by
nonsmokers, such areas to be designated by school administration officials
where smoking is not otherwise prohibited. (Am. by Ord. I 1,09 1 , 12-22-94)
(e) All retail stores except businesses whose primary putl~ose is sale of tobacco
products, beauty salons and barber shops, employee lounges, rest rooms and
executive offices of said retail stores, unless otherwise prohibhed by law or
unless said stores are designed and arranged in a manner that does not
include any of the above-mentioned approved areas, in which ,;ase the owner
or proprietor may designate a smoking area.
(f') Any medical facilities including hospitals, diagnostic treatmerit centers,
rehabilitation facilities and nursing homes, except when permitted in
designated smoking patient rooms for smoking patients only, or in private
offices and lounges or parts of public dining areas which are d~signated for
smoking by the institution. Designation of "smoking patient rooms" may be
changed administratively as often as necessary to comply with this section.
(Am. by Ord. 6208. 3-29-78)
(g) All waiting rooms of health-associated laboratories or facilities.
(h) All waiting rooms of an) physician, dentist, psychologist, chiropractor,
optometrist or optician
(i) All meeting conference rooms and assembly halls in which ten (10) or more
persons gather for educational. business, professional, union, recreational,
37
CONTINUE FROM PREUiOUS PAGE B81
Clearing the Air in Wisconsin
political or social purposes unless all persons present consenl to waive the no
~ smoking requirement under this subdivision, except for any phce in which
social functions such as weddings, parties, testimonial dinners and similar
functions are held and in which the seating arrangements are under the
control of the sponsor of the function and not of the owner or person in
charge of such place, and in separate nonseating areas designated by the
owner or person in charge of said assembly hall where smoking is not
otherwise prohibited by the Fire Prevention Code or by other law. (Am. by
Ord. 5694, 12-28-76)
G) All meeting rooms in the City of Madison during any formally designated
public meeting under the control of the Common Council of the City of
Madison, or of any commission, committee or similar subdivision thereof,
unless all persons present consent to waive the no smoking requirement
under this subdivision,
(k) All indoor service lobbies and waiting areas of banks, credit unions, savings
and lending institutions, City government, and business and professional
offices, including without limitation because of enumeration the waiting
areas of attorneys, engineers, architects, realtors, brokers, agents, counselors,
consultants, and veterinarians. (Or. by Ord. 5694, 12~2g-76)
(I) All self-service laundry facilities. (Cr. by Ord. 5694, 12-28-76)
(m) All enclosed, indoor areas of restaurants.
I. Exceptions.
a, Full service bar area.
b. The owner or proprietor may designate a smoking room which is
separately ventilated from each and every other area of the
"' e.vtablishment.
c. Taverns.
i. Taverns whose sale of alcohol beverages accounts for 33%
to 50% of the establishment's gross receipts of the most
recent alcohol licensing year shall provide a nonsmoking
section for customers and otherwise comply with Sac.
101.123, Wis. Stars., the Clean Indoor Air Act, as required
by Subsection ( I 0).
it. Taverns whose sale of alcohol beverages accounts for more
than 50% of the establishmont's gross receipts of the most
recent alcohol licensing year are exempt from ~:his
subdivision.
iii. Upon request of the Health Department or Cit) Clerk's
office, owners of taverns shall substantiate the percentage of
their gross receipts devoted ~o food and alcohol beverage
sales,
d. Private clubs. Private clubs shall provide a nonsmoking section for
customers and otherwise comply with Sac. 101.123, Wis. Stars., the
Clean lndoor Air Act, as required by Subsection (10).
e. Establishments which have been open for business prior to January
2, 1993, and which have a customer seating capacity of thirty (30)
persons or fewer.
This subparagraph e. shall be automatically repealed onJu._~Ly~,
1996.
CONTINUE FROM PREU[OUS PAGE g02
35
Wisconsin
Between the public sidewalk and the West Wilson Street side of the
building, inc[udjng but not limited to the entrance steps, the planters, and
all cement areas adjacent to the building.
(Cr. by Ord. 11,023, ) 0--3 ) -94) (Sac. 23.05(3) Am, by Orc[. I 0,679, 6- I 1 -
93) 23 - 8a Rev, 6/15/96
OFFENSES AGAINST PUBLIC POLICY
(4) It shah be unlawful for any person to smoke or otherwise use any lobecru
products:
(a) In el} school buildings and in or upon all other premises owned, rented by or
under the control of a school board. This prohibition does not ,qpply Io
premises owned by the school district and rented to another person for
noneducational purposes if the school board has allowed the use of tobacco
products and if the use is not otherwise prohibited by Sac. 23.05(3).
(b) Within a fifty (50) foot radius of every exit and entrance to all Madison Area
Technical College buildings, owned or operated by the district for the
primary purpose of vocational, technical or adult education.
(c) This amendment to Subsection (4) shall be effective sixty (60) ,Jays after
passage. (Am. by Ord. 11,091, 12-22-94)
(5)
(a) Signs prohibiting, prohibiting except in designated areas, or pertaining
smoking, as the case may be, shall be posted conspicuously at every entrance
and in prominent locations throughout the premises by the proprietor or other
person in charge of each building. str~eture or public place specified in
Subsections (3) and (4). Signs shall contain a reference that regt, lation is by
ordinance, such as. "No Smoking ~ City Oral. 23.05", "Smoking Prohibited by
City Ordinance Except In Designated Areas". Or equivalent. The proprietor
or other person in charge of premises regulated hereunder shall thrther make
reasonable efforts to prevent smoking in prohibited areas by:
I. Approaching smokers who fail to voluntarily comply with tl' is section
and request that they extinguish their smoke and to refrain fi'om smoking
upon witnessing the same or upon request of any person.
2. Any other means which may be deemed appropriate by said proprietor.
including refusal of service to anyone smoking in a prohibited public
area.
(b) Restaurants and taverns shall post, inn conspicuous place at each entrance
normally used by the public, a sign not smaller than eleven by eight and one-
half inches ( I I" x 8 I/2") indicating whether they permit smoking or whether
they are smokefree. Each sign shall contain the phone number for the City
health department and the non-emergency number for the City police
department.
(See. 23,05(5) Am. by Ord. 30,53 1.12-30-92)
(6) It shall be unlawful for any person to remove, deface, or destroy any h:gally
required "No Smoking" sign, or to smoke in any place where any sucfi stgn ~s
posted. (Ranumbered by Ord. 10,163, 12-28-90)
(7) h shall be the duty of the Director of Public Health, Health Inspectors. and the
Chief of Police or bar/his designee, and they shall have the power. whenever they
me> deem it necessary. and whenever they shall be required by the Director of
Public Health. to enter upon the premises named in this section to a,cenam
whether the signs required in Section 23.05(5) are posted, and to order Ihe
posting of' such signs where required. A compliance time of nol los, th.m one
4O
Clearing the Air in Wisconsin
week shall be granted. Upon failure to comply with such written or verbal order,
a citation may be issued pursuant to the provisions of Section 1.08. This
enforcement procedure shall be supplementary to the prosecution of complaints
by the City Attorney through issuance of a summons and complaint
(Ranumbered and Am. by Ord. 10,163, 12-28-90)
(8)
(a) Any owner or proprietor of a Section 23.05(3)(m) establishmere: who violates
any provision of this section shall be required to forfeit not less than ten
dollars ($10) nor more than fifty dollars ($50). Each day ofviol,~tion shall
constitute a separate violation.
(b) Any customer of a Section 23.05(3Xm) establishment who violates for the
first time any provision of this section shall be required to forfe,t not less
than fifO' dollars ($50). For a violation committed within twelv,; (12) months
of a previous violation. a customer shall be required to forfeit not less than
one hundred dollars ($100).
(c) Any person who violates for the firart time Subsection 23.05(3)(:;) shall be
required to forfeit not less than ten dollars ($10) nor more than fifty dollars
(S50). For a violation committed within twelve (12) months of .', previous
violation, a person shall be required to forfeit not less than twenty-five
dollars ($25) nor more than one hundred dollars ($100). (Cr. by Ord. 11.023,
10-31-94) (Sac. 23.05(8) Am. by Ord. 10,531, ] 2-30-92)
(9) This ordinance shall take effect and be in force ninety (90) days after its
passage and publication. (Ranumbered by Ord, 10,163, 12-28-90)
( I 0) Clean Indoor Air.
(a) Intent and Construction. The City of Madison finds that it is in the interests
of the health, safety and welfare of the community to adopt by reference Sec.
I 01.123, Wis. Stars., and its amendments as may be enacted from time to
time. The purpose of this ordinance is to supplement this Section 23.05. h is
the intent of the Cip/that where there may be conflict between this
subsection (10) and the remainder of Section 23.05 that the most restrictive
section shall apply. This ordinance shall not be construed to me~m that
progressive discipline of City employees for violations of laws, rules, and
regulations is only authorized where explicitly provided by ordinance.
(b) Penalty. The penalties provided by Sac. 101.123 Wis. Stars. shall be in
addition to the penalties provided for violation of Sac. 23.05 in those cases
which violate both 5ec.23.05( 1 ) through 23.05(8) and Sac. 10 I, 123 Wis.
Stats, In addition to the penalties provided by Sac. 23.05 and Sac. 101.123
Wis. Stars., any City employee who violates any provision of Se.c. 23.05( 1 )
through 23,05(8) or Sec. 101.123 Wis. Stars., shall also be subject to
progressive discipline by his or her employer.
(See. 23.05(9) Ranumbered to (10) by Ord. 10,163, 12-2g-90)
(1 I) Severability. The provisions of this section are severable. If any provision
of this section is held to be invalid or unconstitutional or if the application of
any provision of this section to any person or circumstance is held to be
invalid or unconstitutional, such holding shall not affect the othl:r provisions
or applications of this section which can be given effect without the invalid
or unconstitutional provisions or applications, It is hereby declal-ed to be the
intent of the Common Council that this section would have beere adopted had
any invalid or unconsmutional provision or applications not been included
herein. (Cr. by Oral. II ,558, 3-29-96, 44-96) Revised 6/15/96 23-8c
41
Clearing the Air in Wisconsin
7c, City of Middleton Ordinance
AN ORDINANCE TOAMEND SECTION 16.05(12)
OF THE MIDDLETON GENERAL ORDINANCES
ENTITLED SMOKING PROHIBITED
The Common Council of the City of Middleton do ordain as follows. Section 16.05(12) of the
Middleton code of Ordinance is hereby amended to read as follows.
16.05(12) Smoking Prohibited
(a). State laws adopted. Wisconsin State Statutes 10I .123 entitled "Clean lndoor Air Act"
is hereby adopted by reference.
(b). City Owned Buildings. No person shall smoke in any City owned building.
(c). City Owned Vehicles. No person shall smoke in any vehicle owned or operated by
the City.
(d). Restaurants.
Any restaurant with or withorn a service bar. Any restaurant that contains a full
service bar shall be smoke free except for the full service bar area. Ash trays,
cigarette me"hines and other smoking paraphemalla shall not be placed in non
smoking areas.
(e). All common areas of malls.
(t). Signs Prohibiting
I. Signs prohibiting smoking except in designated areas or pennining smoking as
the ease may be shall be posted conspicuously at every entrance and in prominent
locations throughout the premises by the proprietor or other person in charge of
each building. structure or public place. Signs shall contain a reference that
regulation is by ordinance, such as "No Smoking" City Ordinance 16.05(12)
"Smoking Prohibited by City Ordinance Except in Designated Areas", or
equivalent. The proprietor or other person in charge of prentises regulated
hereunder shall further make reasonable efforts
2. Restaurants and taverns shall post in a conspicuous place at each entrance
normally used by the public a sign not smaller than I1" x 8 1/2" indicating
whether they permit smoking or whether they are smoke free. l-;aeh sign shall
contain the phone number for the City and the non-emergency number for the
City Police Department.
3. h shall be unlawful for any person to remove, deface or destroy any legally
required "No Smoking" sign or to smoke in any place where arty such sign is
posted.
4. It shall be the duty of the Director of Public Works. City lnsp,:ctors, and the
Chief of Police or his/her designer. and they shall have the power, whenever they
deem it necessary, and whenever they shall be required to enter upon the
premises named in this section to ascertain whether the signs required in Section
16.05 (12) (f) are posted and to order the posting of such signs wh¢:re required. A
compliance time of not less than one week shall be granted. Lpon failure to
comply with such wrinen or verbal order, a citation may be issued. This
enforcement procedure shall be supplementary to the prosecution of complaints
42
Clearing the Air in Wisconsin
by the City Attorney through issuance of summons and complair~.
(g) Definitions
"Full Service Bar" shall mean a counterlike object with accessory seating for customers
over which fermented malt beverages or intoxicating liquors are sold for consumption
upon the premises. The service bar without accessory seating for custon~ers shall not be
considered a full service bar.
"Full Service Bar Area" shall mean the full service bar and the area imm,.'diately adjacent
to the full service bar in which the service of food is incidental to the consumption of
alcoholic beverages.
"Restaurant" shall mean restaurant coffee shop, cafeteria, short order caf~, luncheonet~e,
sandwich stand, restaurant within n mall including adiacent seating and all other eating
and drinking establishments. Kitchens or other places in which meals, lunches, or
sandwiches are prepared for sale elsewhere, and an conveyance or place from which
meals. lunches, or sandwiches are sold are termed "Restaurant" for the purpose o~ this
ordinance. The term "Restaurant" does apply to an establishment whose sale of
alcoholic beverages accounts forless San 33% of the establishment's gro.,Is receipts. The
term "Restaurant"
does not apply to an establishment not being used as a public accommodation nor to
churches, religions and fraternal or organizations which occasionally prepare and serve or
sell meals or lunch=s to t/ansients or the general public.
"Service Bar" shall mean an area without accessory seating for customers, at which
fermented malt beverages or intoxicating liquors are prepared for service with meals.
"Smoking" shall mean to smoke or carry a lighted pipe, cigar, cigarette or tobacco -
related products in any form.
"Tavern" shall mean any establishment with a full sen/ice bar in which fermented malt
beverages or intoxicating liquors are sold for consumption upon said prom iscs and whose
sale of alcoholic beverages accounts for 33% or more of the establishment's gross
receipts.
"Use of Tobacco Products" shall mean to consume by mean other than smoking
including. but not limited to, the chewing, spitting. swallowing, snorting, inhaling o~
ingesting of any tobacco product.
"Mall" means an enclosed indoor area containing discrete businesses primarily devoted to
the retail sale of goods.
"Common Area" means those areas customarily used by patrons to move from one retail
es~abl ishment to another.
The above and foregoing ordinance is duly adopted by the Middleton Common Council aT a
regular meeting held on the 2PI day of May, 1996.
43
Clearing the Air in W~sconsin
7d. Village of Shorewood Hills Ordinance
STATE OF WISCONSIN VILLAGE OF SHOREWOOD HiLLS DANE COUNTY
AN ORDINANCE TO AMEND SECTION 10.09
OF THE MUNICIPAL CODE
PROHIBITING SMOK/NG IN RESTAURANTS
At a regular meeting of the Board of Trustees of the Village of Shorewood Hills,
Dane County, Wisconsin, held on the 21s~ day of March, 1994, a quorum being present, and a
majority of the Board voting therefor, said Board does ordain as follows:
Section 10.09, SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS, is mended by
adding thereto the following;
Section 10.09 (3)(h)( I )
For purposes ofsubsection (h), the following definitions shall hold:
'Full service bar" shall mean a counterlike object with accessory seating for
customers, over which fermented malt beverages or intoxicating liquors axe sold for consumption
on the premises. A service bar without accessory sealing for customers shall not be considered a
full service bar.
"Full service bar area" shall mean the full service bar and the area immediately
adjacent to the full service bar in which the service of food is incidental to the consumption of
alcoholic beverages.
"Restaurant" shall mean restaurant, coffee shop, cafeteria, shorl order care,
luncheoncite, sandwich stand, restaurant within a mall including adjacent seating, and all other
eating and drinking establishments. Kitchens or other places in which meals, lunches, or
sandwiches arc prepared for sale elsewhere, and any conveyance or place from whic h meals,
lunches, or sandwiches are sold arc termed "restaurant" for the .purposes of this subsection. The
lerm "restaurant" does apply to an establishment whose sale of alcoholic beverages accounts for
less than 33% of the establishment's gross receipts. The term "restaurant" does not apply to
private clubs nor to establishments not being used as a public accommodation nor to churches or
religious and fraternal organizations which occasionally prepare and serve or sell mt:als or
lunches to transients or the general public.
"Room" shall mean a space within a building completely enclosed with wails,
partitions, floor, and ceiling, except for openings for light, ventilation, ingress, and egress.
"Separately ventilated" shall mean that the area is ventilated to a standard
specified in the state building code, Wis. Admin., Code See IHLR 64.05, and that th,:re is a
ventilation system i'or the smoking area which is separate and distinct From the ventilation system
for the nonsmoking area, so that there is no mixing of air from the smoking and non;~moking
areas.
44
Clearing the Air in Wisconsin
Section 10.09 OXhX2)
Any restauram with or without a service bar shall be smokefree e~;cept for the
full service bar area, provided said area is separated from the restaurant area by full height walls.
Commencing July I, 1994, the owner or proprietor of all restaurants shall designal:e not less than
90% of the available customer seating as nonsmoking; commencing July 3. 1995, 100% of
available customer seating shall be nonsmoking. The owner or proprietor may designate a
smoking room, which is separately ventilated from each and every other area of the
establishment. The available customer seating within the room where smoking is permitted and
the available customer seating within the full service bar area shall not be ~alculat,;d in the phase-
in portion of this subsection. Ashtrays, cigarette machines, and other smoking par~phemalia shall
not be placed in nonsmoking areas.
This ordinance shall take effect and be in forte from and after its passag9 and posting.
Passed and adopted this 2PI day of May, 1994, by the Board ofTrustees ol:the Village of
Shorewood Hills, Dane County, Wisconsin.
Signed: George B, Struther, IV, Village President
Countersigned: Thomas George Popp, Jr., Village Clerk
10-17
10.09 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS
(I) Smoking shall mean to smoke or carry a lighted pipe, cigar or cigarette or tobacco-related
product in any form.
lO-18
(2) Intent and Purpose. It is recognized that smoking oftobacc(>-related produe'~s may be
ha?~rdOUS tO one's health and may affect the health of non~smokers when in the presence of
smokers in certain public places and may be a contaminant to certain food products. This
ordinance is adopted for the purpose of protecting the public health, safety, comfort: and general
welfare of the public in the Village of Shorewood Hills.
(3) Smokinq Prohibited. It shall be unlawful for any person to smoke in any of the following
public places in the Village of Shorewood Hills:
(a) All passenger elevators except those in single family residences.
(b) All regular common carriers including scheduled motor buses
and school buses, except special or charter buses for private hire.
(c) All indoor theaters, libraries, museums, auditorium,.; or concert
hails which are used by or open to the public, except in certain non-seating areas designated b.'.
building management where smoking may be permitted. This subsection shall not be constrtled to
prohibit the use of cigars. csgarer~es or pipes upon the stage of such theaters when used m
connation with any theatrical performance.
45
Clearing the Air in Wiscensin
(d) All school buildings, except in certain areas designated by school
administration officials where smoking may be pertained.
(e) All retail s~ores except businesses whose primary purpose is the
sale of tobacco products, beauty salons and barber shops, employee lounges, rest rooms and
executive offices orsaid retail stores, unless prohibited by law, provided that where said stores
are designed and arranged in a manner that dues not include any of the above-mentioned
approved areas, the owner or proprietor may designate a smoking area.
(f) Any medical facilities, including hospitals, diagno:~tic and
treatment centers. rehabilitation facilities and nursing homes, except when permitted in
designated smoking wards or single-patient rooms upon the writt,,n order of the patient's
auending physician or in private offices and lounges or pans of public dining are~= which are
designated for smoking by the institution.
(g) All waiting rooms of any physician, dentist, psychologist.
chiropractor, optometrist or optician, and health associated facilities, except in areas specifically
designated as areas for smoking by the owner or person in charge of such facility.
(4) Siqns Prohibiting or Permitting Smoking. Signs prohibiting or permitting
smoking, as the case may be, shall be posted conspicuously at every entrance and in prominent
locations throughout the premises by the owner or person in charge of each building, structure or
public place specified in subsetlion (3). The owner or person in charge shall be hel,-I responsible
for the enforcement of the regulations of this section.
(5) It shall be unlawful for any person to remove, deface, or destroy any legally
required "No Smoking" or "Smoking Permiued" sign, or to smoke in any place where such '~No
Smoking" sign is posted.
(6) ,4ny person who violates any provision of tl~is section shall
be guilty of a Class 2 penalty as provided by the ordina~.c~s of the
Village of Shorewood Hills.
46
ORDINANCE NO. 40-00
ALDERPERSON RONALD R. FREDERICK
ALDERPERSON KENNETH O. POLZIN, JR.
ALDERPERSON EVEREI'I' C. BI. rrLER
ALDERPERSON KATHERINE MARKS
TO CREATE SECTION 4.05 OF THE CODE OF GI~NEFIAL
ORDINANCES FOR THE CITY OF KENOSHA, WISCONSIN,
ENTITLED "SMOKING REGULATED IN RESTAURANTS
AND GROCERY STORESt
The Common Council of the City of Kenosha, Wisconsin. do ordain as
follows
Section Q~e: Section 4.05 of the Code of General Ordinances for
the City o( Kenosha, Wisconsin, is created as follows:
4,05 SMOKING REGULATED IN RESTAURANTS AND GROCERY STORES
A Purpose. Ibis Ordinance is adopted for the purpose of regula.ng smoking in restaurants and
grocery h-l.r,'. In protect the health. safety. and welfare of the public.
icl Finding By Kengibe County Bo~d d H~lllh. The Kenoaha County Board of Health, ala duly
noticed ann, .~vened meeting held on the 2rid day of March. 2000, recommended the adoption of this
Ordinance te ,.;= Common Council 0f Ihe City.
C. Flndl~j~ of Common CouncIL The Common Council of the Cib/finds that s~cohdhand smOke
from the ~mnk,qf:l c~f tobacco affpct4; frequentere and employees of grocery slores and reelsurania as
follows
I. It Is , hoalth hazard.
If ~s - o~l~lic nuisance, annoyance. inconvenience end discomfort.
D. Definitions. f or purposes of this Ordinance. the following words and phrases shall have the
meaning~ prnv~ded.
1. '"Full Service liar" shall mean a counterlike object with accessory sealing fo~ customers, over
which fermented ntaif beverages or intoxicating liquors are sold tot consumption on the premises. A
service b~, ~jlfht.jt acce~sOn/seating for customers shall not be considered a lull service bar.
2 '"Full Sen/Ice Bar Area" shell mean ~he full service bar and the area ircrcediale,ly adjacent to the
full service t~,., which the service Of food Is Incidental to the consumption of fermented malt beverages
or inlo}(icatin~ ,,Quote
3. '"Grocery Store- means e retail store whose primary business is the sale of Iood and a retail
slorR ma~ .~f~ll. ,:~asohne and oil in addition 10 food.
4 "Restaurante m{-:a r16 any building. roOrc or place where meals are prepare~. or served or sold
Io fran.sienfs .~ ,t,~ general public. and all places used in connec,on with it. anti includes any p~blic or
SeeUgh 4,05 - Smoking Regulated - Page 2
5. '~;moklng~ means to smoke. Carol, po~sesa or control any lighted lobac<:o. including, but not
Jlrn~fed to clq~r~ clgam~es Qr pipeS.
E Pr~lbiled Condgd.
1. Ne ~.,raon ~all engage in areeking within the e~losed indoor area of any OrecoW store or
res~aumn~ ~heGe prohibitions also apply to remau~nts within a mall and. include adj,acent seating
These pr~h~hffion$ da not apply D a room or haJ~ ~n 8 mstaumn~ or groce~ $lQn] that is se~a~lely
~n~lated ~md ~epamt~ ~ a (oral physical barrier. such ~. ~t not limited to. a fuSl wall without openings
other than d~,,~ No pecan under the age of eighteen (18) years shall be per~ed in s~h morn
Th~e proh~blfinns do not apply Io restaurants ho~ding a ~Class ~ Intoxicating Liquor or Class
Fe~ented Mal~ Beverage License if the sale of inDxicat~n9 liquors and/or fermenled malt beverages
(~e~ roteyam) ~ccounl for mm than lhi~-Ihme (33%) pareant of the esmb}fshmenrs gr~s receipt. and
having a fu~l ~eNtce ba~ This exemption only applies to the full se~ice bar area and not to the general
se~ting ol Ih~ ~stablj~hment
2. NO ~roprmlor or ot~r ~rson in charge of a groce~ $10m or resmumnl shall place, prov~e or
make avaHah~, ~ny ashtray or e~milar device u~ed to faci~hate smoki~ in an area where smoking
pmhjblte~
3. N~, ~,,gp~to( a~ other person {~ c~rge ~ a g~eW ~om or res~urant shall 'Fa~ to display signs
required by i~.~ Ordinance.
4 N~, .~mon ~hall remove, deface or destroy any s~gn ~quimd by this O~[nance. except
pu~oses ~( ..nmpt s~n replacement by B proprietor or other pemon in charge Qf ,~ gr~aW st~re
F Signs Requtr~. S~ pmhib~i~ stoking s~ll be po~ed co~picuous~ at e~teW entente used
hy member.; ~,' the public by t~ proprietor or other pe~on in charge of each gincoW s~om and rest~nt.
The ~gns s~, '~ no smaller Ih~n 8-1/2' by 5-1/2w. legibly reading "No Smoking By Ci~ Ordinance~.
Duties of Proprietors Or Other Person In Charge of a Grocery Store or Restaurant.
T~ ..toprioter or other ~on in c~rg8 of ~ GincoW stem or ~s~umm shall po~ end ~inlain
2. Th~ ~r~p~Gtor or ot~r pemon In ~rg8 of a gm~W stem ar ~staurant sh~li ma~ reasonable
effod~ lo 8nst,r~ ,'empliance wRh this O~inance by ~ons and employees by approaching persons who
fail to voluntanly eomp~ w~h this Ordinance a~ request t~t they e~ui~h their smo~<ing tutorial and
~8frmn from s~oking UpOn w~mesmng the pemon smoking or upDn co~laint f~m a pe~()n who
the pe~n
3. Th(. ~ropnelor Or o~her person in ~arge of a gmc8~ store or restaurant shall refuse semite to
H. Noll~ To Per~ among. ~y pemon smo~n9 in violation of Ibis Section shall ~mmedialely
cease and de~ ~rQm so doing upon the request of the proprietor or person in charge of the groce~ store
or mst~,r~ Such per~n shali be subject to prosecution under this Ordtnance upon ~ailum to
immd~atel~ , ,~sR and desist from smokj~.
I Hardship E~m~lon. My g~eW store Or restau~nt lhat proves the loss of (}ross rcceip[s
mote that, m, 10%) pe~reent as a result of compliance with this Ordinance lot the ll~me f3) months
followinfl tTF n~, .,-,re date as cnmpsred to the same three (3) months in the preceding ye, ir. may apply
ihe ColTirnl~r. ,until for an excretion not to exceed ~o (2) years. Any person seeking such ~emptjon
shall furnis~ ,. ,,,f. Ci~ Cler~reasumf sufficient information to substantiate its request for an exceplion.
If ~uch ~xem~t.. ,, u~ granted. the prQp~e~Or or other pulsar in charge Qf the groce~ Store Or restaurant
grantart <~,r.~ ~,~mr)d~}n Shall posq conspicuously at eve~ entrance used by members of, ida public Signs
Seelion 4,05 - ,SmokinlI Regt~aled - Pago 3
read~nq. "WARNING: SMOKING PEI~MI ! ) ED". which shall be at leasl 8-1/2. by 5-I/2..
J- InspectJo~s. The County Heallh Deparlment and City DepartmenL~ or Neighborhood Services
and nspecllon~ Pollcn Department and Fire Deparlment ~hall have the power to enh)r g,ocery stores and
restaurants ,,,. fnspectlon to ensure compliance with this Ordinance. The pmprletDr or other Person in
char~/e of ihe Qrncery store or restaurarlt shall cooperate with any such insPector/inspection.
K. Penallies. Any proprietor or person in charge of a restaurant Or grocery ~lore. Or person
smoking, nr n/her person who violates any provision of this Ordinance shall. upon conviction. forfeit not
less thor} FI~v ($50.00) Dollar.~. nor more than Five Hundred ($500.00) Dollars for t~,e lirSt violation, and
not less ~har. r~ne Hundred I$100.00) Dollars. nor more then One Thousand ($1.00.0.00) Dollars for the
second and ~.ubsequam violations, plus the costs of prosecution and assessment. Each clay of violation
shall constitu~n ~ separate offense. In default of psymenL the wolalor may be imptil=oned in the County
Jail tnr not n'.'-e ~han sixty {60) days or until such forfailure, plus costs en{:l assesarmenia. shall be paid.
S--e-C.tlon TWO,: This Ordinance shall become effective ninety (90)
days afro, c~assage and publication.
ATTEST / ~~
City Clerk
APPROVEF~ ~ ----.
John M. ~ntaramian Mayor Data: 9/7/00
Passed: S<eptembeF 6, 2000
Published- ~ep(ember 15, 2000
Drafted By
JAMES W ~ ;ONWAY
City Atlome~
ORDZNANCg NO. 6019
AN ORDINANCE
AN ORDINANCE TO CREATE CHAPTER 8,05 OF THE CODE OF O~gINANCES OF
THE CITY OF EAU CLAIRE ENTITLED ~SMOKING PROHIBITED IN INDOOR3%REAS
OF RESTAURANTS"
THE CITY COUNCIL OF THE CITY OF EAU CLAIRE DO ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 8.05, entitled "Smoking Pl'ohibi~ed in
Indoor Areas of RestaurantS," iS hereby crea~ed to read as follows:
8.05.010 Definitions. Pot purposes of this chapter, the
following terms have the meaning indicated:
A. "Full service bar" shall mean a counter-like object
with accessory seating for customers, over which ferm~ented malt
beverages or intoxicating liquors are sold for consumption upon the
premises. A service bar without accessory seating for customers
shall no~ be considered a full service bar.
B. "Smoking" shall mean to smoke, carry, possess or
control any lighted tobacco product in any form, including, but not
limited to cigars, cigarettes or pipes.
8.05.020 Intent and purpose. It is recognized that smoking
of tobacco-related products is hazardous to an individual's health
and may affect the health of nonsmokers when in the presence of
smokers in certain public places. This ordinance is adopted for
the purpose of protecting the public health, safety, comfort and
general welfare of the people of the city of Eau Claire, especially
recognizing the rights of nonsmokers who constitute a Fajority of
the population. The provisions of this chapter shall be
administered and enforced by the city-county health department with
the assistance of the Eau Claire police department.
8.05.030 Smoking prohibited. It shall be unlawful for any
person to engage in smoking in all enclosed, indoor areas of any
establishment requiring a restaurant license.
A. Exceptions.
1. Any establishment requiring a ~estaurant
license whose sales of alcohol beverages is more than 50% of its
gross receipts of the most recent alcohol beverage licensing'year
is exemp~ from the provisions of this chapter. Upon request,
owners of establishments shall substantiate the percen~ag~ of their
gross receipts devoted to Eood and alcohol beverage sales.
2. A full service bar, provided that ~t is in a
separate room or fully separated by its location or the. building
construczion from other dining areas.
3. Hardship provision. An establishment which
realizes a loss of gross receipts greater than 15% as a result of
complying with the provisions of this chapter Eor the 6 months
following the effective date of this ordinance when compared to the
preceding 6 months, may make a request no the city council for a
temporary exception not to exceed 12 months. This provision,
subsection 3., hardship provision, shall be automatically repealed
on August 1, 2002. Upon request, the establishment shall provide
sufficient information ~o substantiate ins gross receipts.
4. Private functions. Rooms or areas in
establishraents subject to the provisions of s. 8.05.030 when used
for private functions such as weddings, anniversaries, parties,
receptions and other private events, if said rooms or areas are
fully separated by location or building construction from the
public dining areas.
B. Ashtrays, cigarette machines and other smoking
paraphernalia shall not be placed in nonsmoking areas.
C. This subsection applies to restaurants within a
mall, including adjacent seating.
8.05.040 signs required. A. Signs prohibiting sraoking shall
be posted conspicuously at every entrance by the proprietor or
other person in charge of each building or structure regulated by
s. 8.05.030. Signs shall contain a reference that regulation is by
ordinance, such as 'No Smoking - City Ordinance Chapter 8.05," or
equivalent. The proprietor or other person in charge of premises
regulated hereunder shall further make reasonable efforts to
prevent smoking in prohibited areas by:
1. Approaching persons who fail to voluntarily
comply with this chapter and request that they extinguish their
smoking material and refrain from smoking upon witnessing the same
or upon request from any person.
2. Any other means which may be deemed
appropriate by said proprietor, including refusal of service to
anyone smoking in a prohibited public area.
B. Establishments regulated by s. 8.05.030 shall post,
in a conspicuous place at each entrance normally used by the
public, a sign, provided by or approved by the health department,
not smaller than 8 1/2" x 5 1/2", indicating whether they permit
smoking or whether they are smoke-free.
C. It shall be unlawful for any person to remove, deface
or destroy any legally required 'No Smoking~' sign, or tD smoke in
any place where any such sign is posted.
D. Inspections. It shall be the duty of the city-county
health department, and it shall have the power, whenever in may
deem necessary, to enter the premises named in this chapter to
ascertain whether the signs required are posted, and to order the
posting of such signs where required. A compliance time of not
less than one week shall be granted. Upon failure to comply with
such written or verbal order, a citation may be issued pursuant to
the provisions of this code.
2
8.05°050 Penalty. Any person who violates any provision of
this chapter shall be required to forfeit neither less than $50 nor
more than $500. Each day of violation shall constitute a separate
offense.
8.05.060 severabilitV. The provisions of this chapter are
severable. If any provision of this chapter is held to be invalid
or unconstitutional or if the application of any provision of this
chapter to any person or circumstance is held to be invalid or
unconstitutional, such holding shall not affect the other
provisions or applications of this chapter which can be given
effect without the invalid or unconstitutional provisions or
applications. It is hereby declared to be the intent of the city
council that'this chapter would have been adopted had any invalid
or unconstitutional provisions or applications not been included
herein.
8.05.065 Effective date. The provisions of this chapter shall
become effective 90 days after the date of publication of this
ordinance.
(SEAL) ~
~ Nielsen Jr.
City ManagerDon T. ~
City Clerk Eo~a A. A~
First Reading .7~nua7 75. 2000
Final Reading ~h~7 R. ~000
Adopted ~h~ ~, ~O0
Published Feb~a~ 13, 2000 (Revised 2/7/00)
Se nded :
Te ~e J. S~ri~n
88. CITY OF ASHlARD
Sequential Ordinance No. 1487 (1100)
Codification Ordinance No- .926
AN ORDfNANCE TO CREATE SMOKE-FREE RESTAURANT REGUt_ATIONS
The Mayor and Common Council efthe City of Ashland do ordain as follows:
.st_21i..1O INTENT AND PURPOSE
The C~ pf Ashland d~clares the purposes of this ordinance are (1)to protect the
public health. safety, comfort and general welfare of the people of the City of
Ashland by prohibiting smoking In all indoor areas of city restaurants; and (2) to
guarantee the rights of nonsmokers and those who cannot choose for t;~emselves
but to eat or work in the city's restaurants, to breathe smoke-free air.
g26.2~0 DEFINITIONS
For the purpose of this ordinance, the fc~llowing terms shall be defined as 1:oilowe:
"Full Service Bar" shall mean a counter-like object with accessory s.eatjng for
customers, ever which fermented malt beverages or Inta×lcatlng liquors are sold for
consumption on the premises.. A service bar wlthout accessory s,~_ating for
customers shall not be considered a full seNice bar.
"Full Service Bar Area" shall mean the full service bar and the area irnmediately
adjacent to the full service bar In which the service of food is incidental to the
consumption of alcoholic beverages.
"Private Club" means chumhas, religious, fraternal or patriotic organizations,
seNIce clubs or civic organizations which prepare and serve or sell meals to
members and their guests only.
"Restaurant" means an establishment defined In Sec. 254.61 (5) Wis. State.,
whose sale of alcohol beverages aocounts for less than 33% of the establishment's
gross receipts of the most recent alcohol iica6sing year, but does riot mean
churches, religious, fraternal. or patriotic organizations, service clubs and civic
organizations which prepare and sane or sell meals to members and' guesls only.
"Room" shall mean a space within a building completely enclosed with walls,
partitions, floor and. ceiling, except for openings for light, ventilation, ingress and
egress.
"Separately Ventilated" snail mean. that the room or ~rea is ventilatecm in such
manner as to prevent any smoke from )eav{ng that area and traveling to the
nonsm(>king areas.
Sequential Ordinance No. 1~r87 M/00)
Codification Ordinance No. 926.
"SeNice Bar" shall mean an area without accessory seating for cu.storners, at
which fermented malt beverages or intoxicating liquors are prepared for service with
meals.
",Smoking" shall mean to smoke or carry a lighted cigarette, cigar or pipe of any
kind.
"Tavern" shall mean any establishment with a fui} service bar in which fermented
malt beverages Dr intoxicating liquors are said for consumption upon said premises
and whose sale ef alcohol beverages accounts foF, 33% ar more of the
establishrnent's gross receipts of the most recent licensing year.
.926.30 SMOKING PROHIBITED
It shall be unlawful for any person to smoke In any indoor area d restaurants.
926-31 Exceptions
The following shall be exempt from subsection 926.30 prohibiting smoking:
926.31
Full service bar aFea.
926.31
A room in a restaurant designated by the owner or prbpdetor as a smoking room,
which is separately ventilated from each and every other area in the restaurant.
926.3t
Taverns.
926.31
At the request of the Chief of Police or City CZerk, owners of taverns shall
substantiate the percentage of their. gross receipts devoted to food' and alcohol
beverage sales,
~26.31
Private Clubs. Private crubs sha/l provide a nonsmoking section for cuistomers and
othePMsa comply with sac. 101.123 Wis. State.. the Clean Zndoor Air Act, but shall
otherwise be exempt from the provisions herelm
926.31
PrivaTe Functions. F~ooms or areas in restaurants or other establishments used for
pdvate functions such as weddings, anniversaries, parties, receptions, and other
pnvats events. if said rooms or areas are se~arat~ from the public dining
Sequential Ordinance No. ~487
Codification Ordinance
926 40 SIGNS REQUIRED
Signs prohibiting smoking, prohibiting smoking except in designated areas, or
permitting smoking shall be posted conspicuously at every entrance by the
proprietor or other person In charge of each estabZishment. Sigz~s shall indicate a
re~=erence that the regulation is by city ordinance and the nonemergency police
telephone number.
926 41 Inspections
It shall be the duty of the Chief of Police of his/her designee and they shall have the
authority, whenever they may deem it necessary. to enf~r the premises named in
this section to ascertain whether the proper signs are in place. A compli~ance time
of not less than one week shall be granted. Upon failure to comply with such written
or verbal order. a citation may be issued in accordance w~th the provisions of this
ordinance.
.92~,S0 ENFORCEMENT
The proprietor or other person in charge of the premises shall make reasonable
efforts to prevent smoking in area~ prr, hibffCd by this ordinance:
by approaching persons who fail to voluntarily comply with this section and
requesting that they extinguish thelr smoke and to refrain from smcjkjng upon
witnessing the same or upon request of any person In the establishmotif; or
by any other means which may be deemed appropriate by said proprietor.
including refusal of service to anyone smoking in a prohibited public ared.
9__26.S0 PENALTY
Any person. or person in charge of a faciJily. who violates any provision of this
ordinance for the first time shall be subject to forfeiture of not less than ri~f dollars
($50), For second and suF~sequent violations committed within a twelve month
period, the forfeiture shall be not less than one hundred dollars ($100).
~ SEVERABILITy
The provisions of this section are severable. If any provision of this ordinance ~s
helcl to be Invalid or unconstitutional, or if the application ef any provision of this
ordinance to any person or circumstance is held to be invalid or unconstitutional,
such holding sharl n<~t affect the other provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or
applications. I[ is hereby declared to be the intent of the City Council that this
ordinance would have been adop~ed had any invalid or unconstitutional provisions
or applications not been included heroin.
Sequential Ordinance No. 148~ (l/D0)
Codification Ordinance No, 926
,926,,e0 EFFECTIVE DATE
Thls ordinance shall take effect May 1. 2000.
8g. CITX OF LA CROSSE
Of LDINANCE NO- 3852
A SECOND AMEbrDED ORDINANCE to create Section 7.0l (X') of the Code
of Ordinances of the City of La Crosse prohibiting smoking in restaurants
and providing a penalty in connection therewith.
THE CONIii, IOiN COUiNCIL of the City of La Crosse do ordain ~Ls follows:
SECTION I: Subsection 7.01iX) entitled "Smoke-~'ee Restaurant Regulations" is
hereby created to read as follows:
(XO SMOK~-FKEE RESTALrRANT REGULATIONS.
( I ) Intmt ~Lnd Purpose.
T..c C~b, Cau.ndl tlads lind dee:~,'~! t~,~t ~c l~tu~¢s ef
OrdL~¢ ~c (I} t¢~ lseatc~t ~ ~ubIi, h~lt~ a~d wdf~uc
p~o)C',,~thlg aa~alcim; Lt ~atr. u.t~t~; o.~d (2) to ~ueu~.mtee else :i,~t
esc, ns,,,~k¢,~ to is,~a~e ,,,,flee ~ec air, ud to rc~fz,e b!~at
,,eoeI t6 l~r~e s.,~eke f~-c ~de $1~lt kavc/~dot'k'~ ever the dcsL'~
~ ~e Ci~ Co~cil ~ d~l~es ~t ~s (M~ce is
not intended to ~c)ude establis~en~ ~a~tjon~y ~o~ ~
or taverns.
(2) De~do~,
(a) "Aec~sso~ Sea~g" c~ ~clude tames ~d ch~ or
boo~s in the ~ediate vie~ of ~e b~.
(b) "Doc~entafion" sh~l be no tess ~ a lener ~om
business estab)is~ent's acco~tut ~at identifies
so~ce of sales ~at come ~om food, alcohoI ~d o~
eategoS.
(el "Full SedUce B~' me~s · co~ter-~e object
~ccesso~ senring for oustorals, over w~ch fe~ted malt
beverages or intoxicating liquors ~e sold for co:ns~pdon
upon the premises. A semite b~ wigout aecesso~ seating
for customers shall not be co~idered a ~)) se~c,~ b~.
(d) "Fuel Semite B~ ~ea" me~s the ~11 se~{ce b;~ ~d
~ea i~edEately adjac~t to ~e ~1) semite b~.
(el "Private Club" means churches. religious, fi'a~ernak youths'
or patriotic organizations, service clubs or civic
organizations which prepare and serve cr sell meals to
members and guests only. When a private club is open
the public it does not meet thjs definition.
(.t') "Restaurant" shall mean an establishmere: ss defined in
Section 254.61(5), Wisconsin Statutes. ~:eeot that such
definition does not/nclude arenas and spor~:: coiLscums that
are municipally owned facilities issued a "Class B" permit
for sale ofintoxicatin.~ liquor by the State of Wisconsin.
(g) "Review Cotnm/t'tee" shall consist of one (1) representative
fi'om the La Crosse Tavern League, one (1) representative
fi'om the La Crosse Restaurant Association, one (I)
representative of the County Health Department, one (1)
City citizen member, and one (1) City of La Crosse
Common Council Member. T~e representoLives of the La
Crosse Tavern League and La Cross,= Restam-ant
Association shall be chosen by the res'pecfive associations,
as well as the representative of the La Crosse County
/ Health Department chos~m. by the LaCrosse County Health
Board. The City resident cite. on member and Cou~cL!
Member shall be appointed by the Mayor subject to
con. fi_rmation by the Common Council. The terms of office
for such committee members shall be for a period of
(2) years,
(h) "Room" shall mean a space w~thin a building completely
enclosed wit~ walls, pOtions, floor and ceil~g, except for
openings for light, ventilation, kngess and ege:;s.
(i) "Separately ventilated" shall mean that the area is
ventilated so thai tbe.re is a ne~at. Lve air pre::s~re in.
designated srnoldn~ area. t~ · ~{m~ .~.~ifit~ in f_he state
hiMit4 ~dc, Wi~..\~,,~n~ Co.it ~,,e-. ILIDI ~,l.C)5,
~J,t,~ fl*,t,c ;~ a ~cnt~]ati~a y~tcth fo, the ~a;.~ld.,~ a~ca
~d no ,,,;x;i~Z of ai,, fi'~,n the a,,,~ldtrg-~ trod nca:.nol,Snz
G) "Service BaY' means an area without accessory seating for
customers, at which fermented malt bev,:rages or
intoxicating liquors are prepared for service with meals,
(k) "Smoking" shall mean to smoke or carry a lighted pipe,
cigar, cigarette or tobacco-related product in any form.
(3) Except as provided in pa. ra~aph (a) below, it shall be unlawful for
any person to smoke tobacco products in all ericlost:d, indoor areas
of restaurants:
(a) Exceptions.
(i) Full service bar area and accessory seating.
(ii) The owner or proprietor may designate a smoking
room wkieh is separately ventilated li'om each and
every' other area of the establishment.
(ili) Restaurants.
1. Restaurants with a seating capacity of ~
(50) persons or less.
2. Restaurants with class B Hcen~e whose sale
, of alcoholic beverages accounts for 33% or
more compared to the sale of food ~
~ of the most ree~nt alcohol licensing
year shall comply with See. 101.123,
Wisconsin Statutes, the Clean Indoor Air
Act.
3. Upon request of the Chief of Police or the
City Clerk's office, owners of restaurants
shall provide the necessary documentation
to the Review Committee to apply for
exception under (3)(a)(iii)2.
(iv) Private dubs. Private clubs shall provide a
nonsmoking section for customers ~nd, otherwise
comply with Sec. 101.123, Wisconsin Statutes, the
Clean Indoor ,~dr Act.
(v) An owner of a restaurant may be ~Tanted an
exemption from the requirements of this ordinance
1. Showing that the business has experienced a
loss of' tiPteen percent (15%) i~, fide first
three (3) months (J~uary l-March 31,
2000) compared to the :;a.me three (3)
months of the previous year (3anuasy l-
March 3 I, 1999).
2. Showing that any fif~m~ciel hardskip
decrease in business has resulted to the
business of the restaurant a~ a result of
complying with the provisions of this
ordinance for a period of not less than six
(6) months. Written proof b.v_ an accountant
not employed by the busines,.; establishment
shall be required. The owner shall provide a
comparison of sales receipts <luring aid six
(6) months of compliance as compared with
sales receipts for the same six (6) months of
the year prior to compliance; or
3. It shall be the responsibility of the owner of
the restaurant to demon.smate thac the
restaurant has complied with this ordinance
and that any business losses were the result
of compliance with this ordln:mce mad not as
a result of other factors maxelated to this
ordinmace.
4. Applicati~m for exemption shali. be made to
the five (5) member Review Cotan'Lirtee.
5. TMs hardship provision shah only be
effective for a period of twelve ,,r12) months
after tire effective date of rinds ordinance
(3'anuary 1, 2000oDecember 3l, 2000).
Applications for hardship may :be received
until April 15, 200l: however, the provision
shall only apply to losses incurr,.'.d prior to,
and including December 31, 2000.
Once hardship is determined it ~vill be in
force for five (5) years and then a
reapplication process must occur.
Signs prohibiting. prohibiting except in designated areas, or
permitting smoking, as the case may be, shall be posted
conspicuously at every entrance and in prominent locations
thzoughout the premises by [he proprietor or ocher person in ch~zge
oE each building, structure or public place. SiC'Is shall contain
reference tha: regulation is by ordin~ce, such ~ "No Smoking -
Ci~ Ordin~ce N,: .... Smo~nS Brohibized by Ci~ Ordinate
Excep~ in Desi~azed ~e~", or equiv~en:. The propHe;or
o:her persons in ch~e oE premises re~u}azed here~der sh~l
hnher m~ re~onable efforts to prevent smogrig in prohibited
~as by:
(a) Approaching smokers who f~l ~o volat~ily comply wi~
~s section ~d request ~at ~ey ext~sh ~eir smoke
~d to re~n ~om smo~g upon wirecasing the s~e or
upon request of~y person.
~y other me~ w~ch may be demed apps~p~ate by s~d
proprietor, including ~ of s~ce to ~yoae
~ a pro~biled public
(5) R~sta~ts shall post, in a co~icuo~ place at each
~omally ~ed by ~e pubic, a si~ not ~ler 6m elev~ by
ei~t ~d one-~f inches (11" x 8 ~'~ ~dica~g whe~ ~ey
moke-~ee. Each si~ sh~l contain a aoa-em~g~cy amb~ for
~e Ci~ Police D~ u~ent.
(6) It shl] be ~aw~l for ~y p~o~ to ~ove, terns:e, or des~y
~y leg~ly requked '~o Smoig" si~, or to ~oke h ~y place
where ~y such si~ is posted.
(7) It shll be ~e du~ of ~e Dk~tor of ~ecfiom or desi~ee,
~or ~e C~ef of Police or d~i~ee, ~d ~ey sh~l have
power, whoever ~ey may de~ it s~s~, to ~ upon ~e
premises n~ed ~ ~s section to ~c~n whe~er si~ req~ed
~e posted, ~d to order ~e pos~g of such si~ ~here req~.
A compli~ce time of not less ~ one week shall be ~ted.
Upon f~l~e to comply wi~ such ~aen or verbal order, a citation
~y be issued. ~s ~orcemenr proced~e shall be
supplement~ to ~e prosecution of campI~ts by ~e Ci~
A~omey ~ou~ issu~ce ofa s~ons ~d
(g) Penal~.
(a) ~y owner or proprietor of ~ es~ablis~ent who violates
~y provision oFthis section shall be required to fo~eit no~
less than ~en doll~s (~ 10) nor more ~ fi~ doll~s (550)
plus costs. Each day of violation shall constim[e a
violation.
(b} Any customer oEan establ/sh. ment who violates For the first
time any provision oF this section sh-',lI be required to
forfeit not less th~ fil::ty doli~s (550) plus costs. For a
violation committed within twelve ([2) months oF a
previous violation, a customer shall be required to Forfeit
not less than one hundred dollars (S100) plt~ costs.
(c) Any person who violates for the tint time shall be required
to forfeit not le~s than ten dollars (510) nor more than fitha'
dollars (550) plus costs. For a violation cornmined within
twelve (12) month~ of a previous violation, a person shall
be requixed to forfeit not less than twenty-five dollars (S25)
nor more than one hundred dollars (S 100) plus costs.
(10) Severability. The provisions of this section are severable. If any
provision of th~s section is held to be invalid or unconstitutional or
Lfthe apptieation of any provision of tb~s section to amy person or
cLrcumstance is held to be invalid or uncon.stimfional, such holding
shall not affect the other provisions or applications of this section
which can be given effect without the invalid or unconstitutional
provisions or applications. It is hereby declared to be: the intent of
the Common Council that this section would have been adopted
had any inv~d or unconstitutional provision or applications not
been included heroin.
SECTION D': Thj. s ordhnanoe shall take effee~ and be i.u force ~'om and a~er 3'a.uuarf 1,
2000.
~~D~A.xM~ in ,,~ '~a'~or """
Passed: 9 / 9 / 99
Approved: 9/14/99
Published: 9/18/99
08-'i6-0'{I
Marjan Kerr (~//O~~
City Clerk
City of Iowa City
4to East Washington Street
Iowa City, IA
Dear Marjan:
This letter is to notify you that Citizens for Accountable Local Government,
Citizens for Alternatives to a New Jail, and Students for Local Politics will turn in
the petitions for the proposed amendments to the Home Rule Charter on Monday
morning, August 2o at 9 a.m..
We are providing these to you on this date in order that you have time to see that
they conform to the requirement of the law. Filing on the 9oth also ensures that
the required 5- day period of time for any objection to be filed can be met, while
still permitting time for these signatures be certified to the ballot no later than
August 3~, 2ooL If you anticipate any problem certifying these to the ballot by
August 3t, 2oot, please contact us promptly.
It has been a pleastire working with your office on this.
Thankyou.
Sincerely,
Caroline Dieterie
Citizens for Accountable Local Government
Carol de~osse
Citizens for ~tematives to a New J~l
copy: Emie Lehman, Mayor
Steve At~ns, ~ Manager
~leanor Dilkes, Ci~ Attomey
c~
City of Iowa City
MEMORANDUM
DATE: August 16, 2001
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~"'
RE: Meeting Schedule for Remainder of 2001
The following schedule reflects the meeting schedule for the remainder of the year.
Monday, September 10 - Special Work Session
Tuesday, September 11 - Special Formal
Monday, September 24 - Special Work Session
Tuesday, September 25 - Special Formal
Monday, October 8 - Special Work Session
Tuesday, October 9 - Special Formal
Monday, October 22 - Special Work Session
Tuesday, October 23 - Special Formal
Monday, November 12 - Special Work Session (Veterans Day/City Holiday)
Tuesday, November 13 - Special Formal
Monday, November 19 - Work Session
Tuesday, November 20 - Formal
(Thanksgiving Holidays - November 22-23)
Monday, December 3 - Work Session
Tuesday, December 4 - Formal
Monday, December 17 - Work Session
Tuesday, December 18 - Formal
I have been informed that with the above mentioned schedule we are meeting on primary night,
October 9; and the first week in December which is also the National League of Cities
conference week. I suggest that Council make any changes to their schedule during the work
session on August 20 to avoid additional potential conflicts with election forums and related
activities.
Greater Iowa City Housing Fellowship f
opening the doors of Iowa City -
1700 South First Avenue
Suite 25B
Iowa City, IA 52240
(319) 358-9212
August 13, 2001 C~
Mayor Ernie Lehman ~/
Civic Center
410 East Washington Street
Iowa City, IA 52240
Dear Mayor Lehman:
I have enclosed a check in the amount of $3,798.25. Greater Iowa City
Housing Fellowship voluntarily makes a payment in lieu of properly taxes.
This check is for the year 2000 and represents 25% of our property tax
liability.
Greater Iowa City Housing Fellowship very much appreciates the support
that we receive from the City.
Sincerely,
Maryann Dennis
Executive Director
City of Iowa City
MEMORANDUM
Date: August 8, 2001
To: City Council
From: City Manager
Re: Construction Bids
We have had a good year with construction bids,
Engineering Projects Awarded by City Council
January-July 2001
January 16, 2001
1. City of Iowa City Cable TV Division Offices Proiect
Engineer's Estimate $ 250,000.00
Knutson Construction (Iowa City, IA) $ 256,500.00
February 20, 2001
2. Senior Center Pedestrian BridGe Project
Architect's Estimate $ 268,000.00
McComas-Lacina Construction (Iowa City, IA) $ 311,334.00
March 3, 2001
3. Hiclhway 6 Corridor Improvements Project
Engineer~s Estimate $ 2,805,000.00
McAninch Corporation (West Des Moines, IA) $1,892,597.50
March 3, 2001
4. Iowa City Transit InterchanGe Project Phase II (Rebid)
Engineer's Estimate $140,000.00
Apex Construction Co., Inc. (Iowa City, IA) $155,900.00
March 20, 2001
5. Foster Road and Mormon Trek Boulevard Landscapinq Project
Engineer's Estimate $ 60,000.00
Iowa City Landscapinq (Iowa City, IA) $ 41,668.00
April 3, 2001
6. 2001 Asphalt Resurfacinq Project
Engineer's Estimate $ 931,610.00
L.L. Pellin.q Company, Inc. (Iowa City, IA) $ 832,763.33
April 17, 2001
7. Mormon Trek Boulevard Improvements - Melrose Avenue to the Iowa
Interstate Railroad BridGe Project
Engineer's Estimate $ 3,465,000.00
Streb Construction Co., Inc. (Iowa City, IA) $ 2,933,175.08
April 17, 2001
8. South Sycamore Reqional GreensDace and Storm Water Project
Engineer's Estimate $1,500,000.00
DeLonG-Keith Construction, Inc. (Washington, IA) $1,121,738.50
April 17, 2001
9. Captain Irish Parkway (Phase II) and First Avenue Extension
Engineer's Estimate $ 2,490,378.00
TAB Construction (Bettendorf, IA) $1,814,620.00
May 15, 2001
10. Transit Parkinq Lot Resurface Project
Engineer's Estimate $101,000.00
L.L. Pellinq Company, Inc. $ 85,412.00
June 12, 2001
11. Foster Road Gradinq and Water Main Project
Engineer's Estimate $1,770,000.00
Maxwell Construction $1,228,678.20
June 12, 2001
12. LonqfellowFFwain Pedestrian Tunnel Project
Engineer's Estimate $ 250,000.00
Dixon Construction Co. $ 288, 114.00
Total Est. $14,030,988.00
Total Bids $10,962,500.61
Difference $ 3,068,487.39
City of Iowa City I
IP9
MEMORANDUM
DATE: August 13, 2001
TO: City Council
FROM: City Manager
RE: Proposed at-grade pedestrian crosswalk at the intersection of U.S.
Highway 6 and Broadway Street
You will recall that last year the Broadway Improvement Group (BIG) determined that
they wished to have the City evaluate installation of a formal pedestrian crosswalk
across U.S. Highway 6 at Broadway Street. The principal beneficiary of such a project
was thought to be school children walking between the Broadway Street neighborhood
and Mark Twain School. Although elementary school children south of Highway 6 do
receive bus service from the Iowa City Community School District to get to Twain
School, those from the Broadway neighborhood who choose to walk and cross U.S.
Highway 6 at a marked crosswalk must travel east to Sycamore Street, cross U.S.
Highway 6, and then double back to Twain School.
A pedestrian study conducted last spring by the Johnson County Council of
Governments showed that the U.S. Highway 6/Broadway Street intersection is not
currently heavily used by school children or other pedestrians. However, the Broadway
Neighborhood Center continues to advocate for the pedestrian crosswalk, stating that if
it were constructed then more pedestrians would cross at this location. They have stated
it is a priority for the neighborhood.
I have directed staff to incorporate a formal pedestrian crosswalk at Broadway Street
into the U.S. Highway 6 trail project, which will be under construction next year over the
top of the recently installed storm sewer. It is likely that we can reduce the estimated
$40,000 expense of the Broadway pedestrian crosswalk by combining it with the
Highway 6 trail project. The majority of the $40,000 expense is for sidewalk connections
that are needed to connect the pedestrian crosswalk the neighborhood sidewalk system
nodh of Highway 6.
August13.2001
Page 2
Modifications to the traffic signal system, which will permit a pedestrian to call up a
protected phase of the traffic signal by pressing a push button, will be installed by City
crews as pad of this project.
If you have any questions about this project, feel free to contact Jeff Davidson or John
Yapp in the Department of Planning and Community Development.
Cc: Jeff Davidson
John Yapp
Karin Franklin
Marcia Klingaman
Chuck Schmadeke
Rick Fosse ~,
ppdadmlmem/broadwaypedestrians doc
PUBLIC
o
certification
council
July 17, 2001
Dale Helling
Assistant City Manager
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Dear Mr. Helling:
It is my pleasure to inform you that Sylvia A. Mejia, Personnel Administrator, City of Iowa
City has recently achieved the international recognition of attaining the IPMA-CP credential
from the International Personnel Management Association (IPMA). Sylvia is now
authorized by the Public Human Resource Certification Council (PFIRCC) to use the
IPMA-CP, or IPMA Certified Professional designation.
Individuals who have received IPMA-CP designation have met the professional standards
set by the PFIRCC to recognize excellence in public sector human resources, and have
demonstrated to a panel of senior-level professionals their commitment to public sector HR
by undertaking a rigorous review of their technical experience and understanding of the
importance of behavioral competencies to the role of HR professionals.
We are proud to have Sylvia join the ranks oflPMA-Cenified Professionals.
Sincerely,
Neil E. Reichenberg '---)
Executive Director
1617 Duke Street
Alexandria, VA 22314
tel 703 - 549- 7100
fax 703-684 0948
email phrcc~ilipma hr. org
City of Iowa City .~_
MEMORANDUM
DATE: August 8, 2001
TO: City Council
FROM: Eleanor Dilkes, City Attorney
RE: Absence
I will be out of the office the week of August 13, 2001. My staff will know how to reach me.
Eleanor~memos~absence.doc
City of Iowa City
MEMORANDUM
Date: July 30, 2001
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, July 30, 2001, 6:00 PM in Emma J. Harvat Hall
Council: Champion, Kanner, Lehman, O'Donnell, Pfab, Wilburn. Absent: Vanderhoef.
Staff: Atkins, Helling, Karr, Dilkes, Franklin, Schoon, Schaeffer, Howard, Trueblood, Wonick.
Tapes: 01-69, Side 2; 01-72 & 01-73, Both Sides.
(A complete transcription is available in the City Clerk's Office)
Addition to Consent Calendar
Majority of Council agreed to add a Class B Beer Permit for Dud 'n' Suds to the agenda.
JOINT MEETING WITH PLANNING AND ZONING COMMISSION
P& Z Commission Members Bovbjerg, Hansen, Koppes, Chiat, Ehrhardt, Anciaux present for
discussion of Planning and Zoning item b - Ordinance amending the Zoning Code, Section 14-
6E-8 Central Business Zone, to allow dwellings on or below the ground floor of Historic
Landmark Buildings by special exception. Individual Commission Members and Council
Members expressed their concerns on proposed alternative language changes, and issues.
Mayor Lehman suggested staff provide hard copies of the alternative language for the Council
discussion at the formal meeting.
PLANNING & ZONING ITEMS
PCD Director Franklin presented information on the following items:
A. Motion setting a public hearing for August 21 on an ordinance to rezone approximately
30.11 acres of property from Rural Residential, RR-1, to Sensitive Areas Overlay - Low
Density Single Family Residential, OSA-5, located at the west end of Bristol Drive. (REZ01-
00011 )
B. Ordinance amending the Zoning Code, Section 14-6E-8 Central Business Zone, to allow
dwellings on or below the ground floor of Historic Landmark Buildings by special exception.
(Discussed at joint meeting/first item.)
Council WorkSession
July 30, 2001
Page 2
C. Public hearing on a resolution approving the annexation of approximately 26.88 acres of
property located south and east of Scott Boulevard and Rochester Avenue, and 6.22 acres
of property located east of Scott Boulevard and south of Lower West Branch Road.
(ANN99o00003)
D. Public hearing on an ordinance to rezone approximately 38.24 acres from Low Density
Single Family, RS-5, County Highway Commercial, CH, County Local Commercial, C1 and
County Multi-Family, R3A to Community Commercial, CC-2 (10.99 acres), Medium Density
Single Family, RS-8 (21 acres), and Low Density Single Family, RS-5 (6.22 acres) for
property located east of Scott Boulevard and south of Rochester Avenue and Lower West
Branch Road. (REZ99-00017)
E. Public hearing on a resolution approving the annexation of approximately 95.2 acres of
property located north of Court Street, south of Lower West Branch Road, and east of
Hummingbird Lane / Scott Park Drive, and approximately 10 acres of property located south
of Lower West Branch Road and east of Hummingbird Lane. (ANN01-00001)
F. Public hearing on an ordinance to rezone approximately 105.2 acres of property from,
Suburban Residential, County RS, to Low Density Single Family, RS~5 (45.08 acres) and
Medium Density Single Family, RS-8 (60.13 acres), for property located north of Court
Street, south of Lower West Branch Road, and east of Hummingbird Lane. (REZ01-00004)
G. Ordinance changing the zoning code by amending the Ranned Development Housing
Overlay, OPDH-8, plan for Arbor Hill, an 8.2 acre 17-unit residential development, located
north of Washington Street on Arbor Hill Circle. (REZ01-00006) (Pass and Adopt)
H. Ordinance changing the zoning designation from General Industrial (I-1) to Intensive
Commercial (C1-1) for approximately 12.09 acres located on the south side of Highway 1.
(REZ01-00002). (Pass and Adopt)
I. Resolution approving the final plat of Walnut Ridge, Parts 9 and 10, a 20.67 acre, 12-lot
residential subdivision located at the north end of Kennedy Parkway.
J. Resolution approving the final plat of North Airport Development, a 57.13 acre, 17-1ot
commercial subdivision with two outlots located west of Riverside Drive and south of
Highway 1. (SUB00-0021)
PCD Director Franklin stated agenda item #14 should be considered prior to consideration of
item j, and a motion would be needed to consider the #14 resolution prior to j. Majority of
Council agreed to consideration of item #14 first.
K. Resolution approving the final plat of Stone Bridge Estates Part One, a 4.93 acre, 16~lot with
one outlot residential subdivision located north of Court Street and west of Taft Avenue.
CouncilWork Session
July 30, 2001
Page 3
AGENDA ITEMS
1. (item #15 - resolution approving agreement. ..National Sculptors Guild. ..Ties that Bind)
PCD Director Franklin stated the signed contract returned contained a change from that
contained in the Council packet. She noted that the unsigned contract referred to the piece
as being I of 10 cast, but the signed contract stated 1 of 20. Majority of Council stated they
would proceed with the signed contract with the change noted.
2. (Item #14 - resolution approving Aviation Park financing agreement) The City Manager
stated page 2 of the agreement referred to #3.1 being the cost of the development, and
noted copies of 20 year estimated cost projects of $2,445,748.40 distributed that evening.
The City Atty. noted changes to paragraphs reflecting the estimated costs, as well as
attaching the chart as exhibit A.
COUNCIL APPOINTMENTS
Housing & Community Development - Lori Beam, April Gutting, John Deeth
Human Rights - Sue Jos[yn
Police Citizens Review Board -Bev Smith, Patrick William Hoeft
NORTHGATE ECONOMIC DEVELOPMENT PROJECT (Agenda Item #17)
Economic Development Coordinator Schoon present for discussion.
SCOTT-SIX ECONOMIC DEVELOPMENT PROJECT (Agenda Item #18)
Economic Development Coordinator Schoon present for discussion.
ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION ON ECONOMIC
DEVELOPMENT ALLOCATION OF CDBG FUNDS (Agenda Items #19, #20, #21)
Economic Development Coordinator Schoon present for discussion.
CEMETERY ISSUES (Agenda Items #26 and #27)
Parks & Recreation Director Trueblood and Cemetery Maintenance Worker Wonick present for
discussion. Majority of Council requested staff develop a schedule to adjust rates and charges
automatically.
PATV FUNDING REQUEST
Asst. City Mgr. Helling distributed copies of a memo summarizing the last joint meeting of the
Telecommunication Commission and PATV outlining the basis issues that would underlie an
agreement to convey $125,000 to PATV for purchase of a building.
STAFF ACTION: Proceed to draft an agreement in accordance with provisions outlined
for Council consideration at the August 21 meeting. (Helling)
Council WorkSession
July 30, 2001
Page 4
SMOKING IN RESTAURANTS (IP1 of 7/16 Info Packet)
Majority of Council requested the City Attorney provide copies of the original ordinance
submitted by CAFE~ in the fall of 2000, along with her April 2001 memo outlining concerns for
the next work session.
STAFF ACTION: Information provided in Council packet of August 16. (Dilkes)
RESOLUTION REGARDING PUBLIC COMMENT
Mayor Lehman reviewed past Council direction to staff to prepare a resolution stating people
are free to speak about agenda items at any time, noting a situation that a public hearing was
held and closed and individuals would appear for all three readings of the ordinance and that
would defeat the purpose of efficient government and the purpose of conducting public
hearings. Council Member Kanner clarified his intent to formalize the people's right to comment
on any agenda item but Council reserves the right to limit discussion. Majority of Council
directed staff not to proceed with development of a resolution concerning public comment.
COUNCIL TIME
1. City Clerk Karr noted that agenda item #5 (College Street Oasis) would be amended to
reflect payment of the civil penalty and a public hearing would not be needed.
2. City Clerk Karr noted a revised map for agenda item #12 reflecting showing district
boundaries.
3. Council Member Kanner reported on accompanying an Iowa City police officer on the Ped
Mall beat, and registered concerns regarding safety on second and third floor bars. Council
Member Kanner suggested the City pursue stricter enforcement of occupancy limits for such
establishments, and consider not allowing such uses. Staff will follow up.
Meeting adjourned 9:30 p.m.
City of Iowa City [ J
MEMORANDUM
DATE: August 13, 2001
TO: Department Heads
FROM: Marian Karr, City Clerk
RE: Information given to Council candidates
The filing period for City Council candidates is August 13-30. After filing all candidates will
begin receiving Council agenda material and information.
A candidate workshop has been scheduled for Thursday, August 30, 6:30 p.m. in Emma J.
Harvat Hall. At that time the City budget and other pertinent City information will be provided
to all candidates. In order to coordinate the distribution of the material I'm askinq each
department to brinq one copy of each item to the staff meetinq next Wednesday. This will
enable all of us to discuss the material and make any suggestions prior to printing and
distribution.
As in past years, any information requested by one candidate should be given to all
candidates. A current Council candidate list will be brought to the Wednesday staff
meetings, you may contact our office to verify candidates at other times. Depadments will be
responsible for providing enough copies for all candidates to our office by noon each
Thursday to include in their packet.
My office will be maintaining a file of all information sent to candidates. You may either
supply us with a coy of what the candidates receive or indicate in writing what was sent.
cc: City Council
City Manager
derk~memos\councilinfodoc
City of Iowa City
MEMORANDUM
DATE: August 13, 2001
TO: ~,
FROM: i ,
RE: Information pick-up
Effective immediately copies of City Council agendas, supportive materials, and meeting
schedules will be made available for you.
Copies of information packets will be available every Thursday afternoon in the City Clerk's
office after 3:00 p.m. Packets may be picked up during regular office hours, 8:00-5:00 the
following week. Packets remaining at the time a new packet is printed will be destroyed.
Individual request information by one candidate will be furnished to all candidates in their
weekly packets.
A Council Candidate workshop has been scheduled for Thursday, August 30 regarding
financial issues. The workshop will be held in Emma J. Harvat Hall at 6:30 p.m.
Enclosed is the tentative meeting schedule for August, September, and October. Meetings
are subject to change so please check the meeting schedule in your weekly packet. If you
are interested in attending any of the tours or special meetings outside of the Council
Chambers please notify me so that seating and/or transportation is available.
Please call the City Clerk's office if you are not interested in receiving weekly packets or
wish to make special arrangements.
cc: City Council
Department Directors
City Manager
City Attorney
clerk\memos\infopickup doc
SCHEDULE OF COUNCIL MEETINGS FOR
AUGUST, SEPTEMBER, OCTOBER
Monday, August 20 - Work Session
Tuesday, August 21 - Regular Council Meeting
Monday, September 10 - Special Work Session
Tuesday, September 11 - Special Council Meeting
Monday, September 24 - Special Work Session
Tuesday, September 25 - Special Council Meeting
Monday, October 8 - Special Work Session
Tuesday, October 9 - Special Council Meeting
Monday, October 22 - Special Work Session
Tuesday, October 23 - Special Council Meeting
ALL WORK SESSIONS BEGIN AT 6:30 P.M., AND FORMAL MEETINGS AT 7:00
P.M. THE ABOVE SCHEDULE IS SUBJECT TO CHANGE BY COUNCIL. PLEASE
CHECK MEETING SCHEDULE IN WEEKLY PACKETS FOR UPDATES.
City of Iowa City
MEMORANDUM
DATE: August 10, 2001
TO: City Council Candidates
FROM: City Manager
RE: City Finances - Workshop
State Code sets August 13 as the first day to file nomination petitions for Council
candidates, and August 30 as the filing deadline. On Thursday, August 30, at 6:30 p.m.,
we would like to present to City Council candidates an overview of the City's finances.
This is primarily to explain Iowa law, local policies and traditions as they relate to City
revenues and other fiscal policy issues. Copies of the City budget will be distributed that
evening along with other pertinent information. We are mailing this notice to allow you to
schedule this workshop on your personal calendars.
We hope to see you on Thursday, August 30 in the Emma J. Harvat Hall of the Civic
Center. We would expect this meeting to last about two hours. It is an open meeting and
the news media has been so informed.
If you are unable to attend, the material distributed will be in the City Clerk's Office for a
period of time.
cc: Maintenance
City Council
Department Directors ~Z, ~,
City of Iowa City
N
M MORA DUM
DATE: August 16, 2001
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk ~i~x
RE: Agenda Items for September 5
Coralville will be hosting the next joint meeting of the City Councils of Iowa City,
Coralville, and Noah Liberty, the Johnson County Board of Supervisors and the Iowa
City School Board on September 5.
I have been asked by Coralville City Clerk Arlys Hannam to collect City agenda items
and forward them to her. Please forward any agenda items to me no later than the
Monday Work session, August 20. The meeting is scheduled to last about two hours.
Because of time constraints the items will be reviewed by the Mayor prior to submission.
A complete agenda will be available in your August 30 packet.
City of Iowa City
MEMORANDUM
DATE: August 16, 200l
TO: Mayor and City Council
FROM: Marian K. Karr, City Clerk
RE: Board and Commission Application
A few weeks ago Council discussed the application for appointments to City Boards and
Commissions and specifically the Confidential portion, page 3.
Both the City Attorney and myself have viewed this page as part of the application and
not an optional page. We believe the page should be completed by everyone in the future
or removed entirely from the application.
We would like Council direction on the retention of page 3 for future applications.
CITY OF IOWA CITY
ADVISORY BOARD/COMMISSION
APPLICATION FORM
Individuals serving on Boards/Commissions play an important role in advising the Council on matters of interest to our
community and its future. Applicants must reside in Iowa City.
After a vacancy has been announced, the Council reviews all applications during the work session. The appointment
is made at the next formal Council meeting. Appointees serve as unpaid volunteers.
PLEASE USE A BLACK INK PEN. Return the application to City Clerk, 410 E. Washington St., Iowa City,
Iowa.
THIS APPLICATION IS A PUBLIC DOCUMENT AND AS SUCH CAN BE REPRODUCED AND DISTRIBUTED FOR
THE PUBLIC, WITH THE EXCEPTION OF THE LAST PAGE MARKED "CONFIDENTIAL" THIS APPLICATION WILL
BE CONSIDERED FOR THREE MONTHS ONLY AND AUTOMATICALLY CONSIDERED FOR ANY VACANCY
DURING THAT TIME.
ADVISORY BOARD/COMMISSION NAME TERM
NAME HOME ADDRESS
Is your home address (listed above) within the corporate limits of Iowa City? Yes ~ No
How long have you been a resident of Iowa City?
OCCUPATION EMPLOYER
PHONE NUMBER: HOME BUSINESS
E-MAIL ADDRESS (Optional):
EXPERIENCE AND/OR ACTIVITIES WHICH YOU FEEL QUALIFY YOU FOR THIS POSITION:
WHAT IS YOUR PRESENT KNOWLEDGE OF THIS ADVISORY BOARD?
WHAT CONTRIBUTIONS DO YOU FEEL YOU CAN MAKE TO THIS ADVISORY BOARD (OR STATE REASON FOR
APPLYING)?
SPECIFIC ATTENTION SHOULD BE DIRECTED TO A POSSIBLE CONFLICT OF INTEREST. PLEASE LIST ANY
PRESENT AFFILIATIONS YOU HAVE WITH AGENCIES WHICH MAY APPLY FOR FUNDING FROM THE CITY.
AFFILIATION MEANS BEING A BOARD MEMBER OR EMPLOYEE OF THE AGENCY. OTHER TYPES OF
AFFILIATION MUST BE EXAMINED ON A CASE-BY-CASE BASIS BY THE CITY ATTORNEY'S OFFICE.
YOU SHOULD KNOW THAT SECTION 362.5 OF THE CODE OF IOWA GENERALLY PROHIBITS, WITH CERTAIN
IMPORTANT EXCPETIONS, A MEMBER OF A CITY BOARD OR COMMISSION FROM HAVING AN INTEREST IN A
CITY CONTRACT. A COPY OF SECTION 362.5 IS ATTACHED. IF YOU HAVE ANY QUESTIONS, PLEASE
CONTACT THE CITY ATTORNEY'S OFFICE AT 356-5030.
IF YOU ARE UNCERTAIN WHETHER OR NOT A POTENTIAL CONFLICT OF INTEREST EXISTS, PLEASE LIST
THE AGENCY AND THEN CONTACT THE CITY ATTORNEY'S OFFICE.
IF YOU ARE NOT SELECTED, DO YOU WANT TO BE NOTIFIED? YES NO
DO YOU CURRENTLY SERVE ON ANOTHER IOWA CITY BOARD OR COMMISSION? YES NO
(It has been Council policy not to permit an individual to serve on two Boards or Commissions at the same time.)
Misrepresentations on this application will constitute just cause for removal of an appointee,
If you fail to answer all questions on the application you may not be considered for appointment.
:c~erk\bdcomapp doc January 1998
(2)
CONFIDENTIAL
To be viewed by City Council only and limited staff at Council discretion.
Advisory Board/Commission Name:
Name:
Have you been convicted of a crime other than a simple traffic misdemeanor in the last ten (10) years?
(conviction will not necessarily disqualify an applicant from appointment)
If yes, please explain and include the type of offense and the place and date of conviction.
Will this conviction or the circumstances leading to the conviction affect your ability to perform the duties
of a member of the Board or Commission?
Signature
Date
Misrepresentations on this application will constitute just cause for removal of an appointee.
If you fail to answer all questions on the application you may not be considered for appointment.
(3)
It is very important the City Council has an opportunity to ask questions of each applicant.
The City Council receives your application the Saturday prior to the appointment. We
encourage you to contact Council Members before the appointment is made. Names and
phone numbers are below.
CITY COUNCIL
MEMBERS TERM TERM
BEGINS EXPIRES
Connie Champion (District B) January 2 January 2
430 S. Summit Street 52240 1998 2002
Res: 337-6608
connie-chamDion~,iowa-cit'Lor~
Steven Kanner (At-Large) January 3 January 2
630 S. Governor Street Apt. #1 52240 2000 2004
Res: 338-8865
Ernest W. Lehman (At-Large) Mayor January 2 January 2
902 Wylde Green Road 52246 1998 2002
Res: 338-7741
Bus: 337-2375
Mike O'Donnell (At-Large) Mayor Pro tem January 2 January 2
901 W. Park Road 52246 1998 2002
Res: 354-8071
Irvin Pfab (District C) January 3 January 2
PO Box 2446 52244 2000 2004
Res: 351-4094
ipfab(~,avalon.net
Dee Vanderhoef (At-Large) January 3 January 2
2403 Tudor Drive 52245 2000 2004
Res: 351-6872 (prefers mornings)
dee-vanderhoef(~iowa-citv.org
Ross Wilburn (District A) January 3 January 2
1917 Taylor Drive 52240 2000 2004
Res: 358-6374
ross-wilburn(~iowa-citv.om
I Please retain this page for your files. I
362.3 Publication of notices.
Unless otherwise provided by state law:
1. If notice of an election, hearing, or other official action is required by the city code, the notice must be published
at least once, not less than four nor more than twenty days before the date of the election, hearing, or other action.
2. A publication required by the city code must be in a newspaper published at least once weekly and having general
circulation in the city. However, if the city has a population of two hundred or less, or in the case of ordinances and
amendments to be published in a city in which no newspaper is published, a publication may be made by posting in
t~ee public places in the city which have been permanently designated by ordinance.
In the case of notices of elections, a city with a population of two hundred or less meets the publication requirement
of this section by posting notices of elections in three public places which have been designated by ordinance.
362.4 Petition of eligible electors.
If a petition of the voters is authorized by the city code, the petition is valid if signed by eligible electors of tl~e city
equal in number to ten percent of the persons who voted at the last preceding regular city election, but not less than
ten persons, unless otherwise provided by state law. The petition shall include the signatures of the petitioners, a
statement of their place of residence, and the date on which they signed the petition.
The petition sl~all be examined before it is accepted for filing. If the petition appears valid on its face it shall be
accepted for filing. If it lacks the required number of signatures it shall be returned to the petitioner.
Petitions which have been accepted for filing are valid unless w~itten objections are filed with the city clerk within
five working days after the petition is received. The objection process in section 44.8 shall be followed.
362.5 Interest in public contract prohibited--exceptions.
When used in this section, "contract" means any claim, account, or demand against or agreement with a city,
express or implied.
A city officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or
the profits thereof or services to be furnished or performed for the offcer's or employee's city. A contract entered
into in violation of this section is void. The provisions of this section do not apply to:
1. The payment of lawful compensation of a city officer or employee holding more than one city office or position,
the holding of which is not incompatible with another public office or is not prohibited by law.
2. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.
3. An employee of a bank or trust company, who serves as treasurer of a city.
4. Contracts made by a city, upon competitive bid in writing, publicly invited and opened.
5. Contracts in which a city officer or employee has an interest solely by reason of employment, or a stock interest
of the kind described in subsection 9, or both, if the contract is for professional services not customarily awarded by
competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the
duties of employment do not directly involve the procurement or preparation of any pa~t of the contract.
6. The designation of an offcial newspaper.
7. A contract in which a city officer or employee has an interest if the contract was made before the time the offficer
or employee was elected or appointed, but the contract may not be renewed.
8. Contracts with volunteer fire fighters or civil defense volunteers.
9. A contract with a corporation in which a city officer or employee has an interest by reason of stockholdings when
less than five percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the
offcer or employee or the spouse or immediate family of such officer or employee~
10. Contracts not otherwise permitted by this section, for the purchase of goods or services by a city having a
population of more than two thousand five hundred, which benefit a city officer or employee, if the purchases
benefiting that officer or employee do not exceed a cumulative total purchase price of one thousand five hundred
dollars in a fiscal year.
11. Contracts not otherwise permitted by this section for the purchase of goods or services by a city having a
population of two thousand five hundred or less, which benefit a city officer or employee, if the purchases benefiting
that officer or employee do not exceed a cumulative total purchase price of two thousand lye hundred dollars in a
fiscal year.
I2. Franchise agreements between a city and a utility and contracts entered into by a city for the provision of
essential city utility services.
I Please retain this page for your files. I
,/' 08-16-0'i
BUILDING PERMIT INFORMATION
July 2ool
KEY FOR ABBREVIATIONS
Type of Improvement:
ADD - Addition
ALT - Alteration
REP - Repair
FND - Foundation Only
NEW - New
OTH- Other type of construction
Type of Use:
RSF - Residential Single Family
RDF - Residential Duplex
RA/IF - Three or more residential
RA C - Residential Accessory Building
MIX- Mixed
NON- Non-residential
OTH- Other
Page: 2 City of Iowa City
Date: 8/2/2001 Extraction of Building Permit Data for
To: 7/I/2001
From: 7/31/2001 CenSLIS Bureau Report
Type Type
Permit Number Name Address lmpr U__~ Stories Units Valuation
BLD01-00407 RICHARD & ESTYL K BREAZ 408 HIGHLAND CT ADD NON 1 0 $58,500
36' X 60' ONE STORY ADDITION
Total ADD/NON permits: I Total Valuation: $58,500 ]
BLD01-00452 HOWARD R & JOSEPHINE A 3107 BALFOUR PL ADD RMF 1 0 $23,848
FOUR SEASON PORCH
BLD01~00442 FRANTZ CONSTRUCTION CO 1496 CROMWELL PL ADD RMF 1 0 $23,014
FINISH BASEMENT AND CONSTRUCT A THREE SEASON PORCH ADDITION AT EXISTING DECK.
BLD01-00288 FRANTZ CONSTRUCTION CO 1474 CROMWELL PL ADD RMF 1 0 $21,938
BASEMENT FINISH AND FOUR SEASON PORCH
BLD01-00443 FRANTZ CONSTRUCTION CO 3321 CHATHAM PL ADD RMF 1 0 $21,938
BASEMENT FINISH AND 3 SEASON PORCH ADDITION FOR RMF UNIT
Total ADD/RMF permits: 4 Total Valuation: $90,738 I
BLD01-00347 SHERBONDY, ANDREA L 1906 FLANIGAN CT ADD RSF 1 0 $100,000
24' X 25' ROOM ADDITION
BLD01-00390 MARK B & TAMIE L DONNE 619 N GOVERNOR ST ADD RSF 2 0 $I00,000
iNTERIOR REMODEL AND ADDITION
BLD01-00445 JOHN & DENISE BICKFORD 741 OAKLAND AVE ADD RSF 2 0 $85,000
TWO STORY ADDITION, GARAGE, SCREEN PORCH, DECK.
(REVISED FROM PREVIOUS PERMIT BLD00-00291)
BLD01-00435 STEVE & VICKY ARNOLD 1205 BROOKWOOD DR ADD RSF 1 0 $48,600
20 x 24 GARAGE ADDITION AND ALTERATION OF EXISTiNG GARAGE TO FAMILY ROOM FOR SFD
BLD01-00411 EDITH AYDEET MUELLER 151 BOWLiNG GREEN PL ADD RSF I 0 $44,000
REMODEL KITCHEN AND ADD GAZEBO
BLD01-00335 SEMKEN, HOLMES A JR 1725 WiNSTON DR ADD RSF 1 0 $22,000
12' X 16' THREE SEASON PORCH
BLD01-00393 TIMOTHY D & LESLIE J FiNE 1436 ABURDEEN CT ADD RSF 2 0 $20,000
12' X 30' GARAGE/ROOM ADDITION
BLD01-00415 JAMES LUTH 1009 N SUMMIT ST ADD RSF 2 1 $20,000
CONVERT SiNGLE FAMILY TO DUPLEX AND ADD 20' X 28' TWO STORY ADDITION
BLD01-00439 BRADFORD REEVES 65 RITA LYN CT ADD RSF 0 0 $15,826
12 x 14 THREE SEASON PORCH ADDITION TO SFD
BLD01-00413 HIEP V NGUYEN & KIM EM T 1720 HOLLYWOOD BLVD ADD RSF I 0 $11,000
12' X 12' THREE SEASON PORCH
BLD01-00434 ROBERT N & PATRICIA CLIN 3018 PINECREST RD ADD RSF 2 0 $7,200
13 x 20 SCREEN PORCH ADDITION FOR SFD
BLD01-00401 LEO W & KAREN J SEMLER 1605 SPRUCE CT ADD RSF l 0 $5,000
15' X 26' GARAGE ADDITION
BLD01-00417 ROBERT B & DARLENE A BR 1920 GLEASON AVE ADD RSF l 0 $4,366
12' X 16' SCREEN PORCH WITH 6' X 8' UNCOVERED DECK
BLD01-00400 BENJAMiN L & JOYCE A LON 2324 JESSUP CIR ADD RSF 1 0 $3,500
1 I' X 21' WOOD DECK WITH STAIRS LEADiNG TO 7' X 12' WOOD DECK
BLD01-00386 SCHALLAU, KATHERINE LE 2120 BANCROFT DR ADD RSF 1 0 $2,400
16' X 24' UNCOVERED WOOD DECK
e ge: s. City of Iowa City
Date: 8/2/2001 Extraction of Building Permit Data for
To: 7/1/2001
From: 7/31/2001 Census Bureau Report
Type Type
Permit Number Name Address lmpr Use Stories Units Valuation
BLD01-00444 ANNA BUSS & PRESTON RA 830 MILLER AVE ADD RSF 0 0 $2,300
CONSTRUCT 16' X 10' WOOD DECK WITH STAIRS AND LANDING.
BLD01-00387 ERNEST H JR & SANDRA K B 520 2ND AVE ADD RSF I 0 $2,000
9' X 10' UNCOVERED DECK
BLD01-00428 SAFWAN M &CAROL HAGE 1132 WADE ST ADD RSF 1 0 $1,100
PERGOLA ADDITION FOR SFD
BLD01-00397 JOSEPH D & BEATPriCE C GI 430 S DODGE ST ADD RSF I 0 $1,000
8' X 9' FRONT PORCH
Total ADD/RSF permits: 19 Total Valuation: $495,292 [
BLD01-00405 MGD LC 1600 SYCAMORE ST ALT NON I 0 $656,000
EIFS EXTERIOR OF BUILDING AND INSTALL 6 ENTRANCES
BLD01-00210 BUFFALO WILD WINGS 201 S CLINTON ST ALT NON 2 0 $330,000
CHANGE OF USE TO RESTAURANT IN MALL TENANT SPACE
BLD01-00404 SIMMON, PERRINE 22 S L1NN ST ALT NON 0 0 $60,211
FINISH SOUTH OFFICE SUITE THIRD FLOOR
BLD01-00332 LYTLE, EUGENE E 1539 S GILBERT ALT NON 1 0 $48,800
CHANGE OF USE FROM FURNITURE STORE TO OFFICES
BLD01-00209 CITY HIGH SCHOOL 1900 MORNINGSIDE DR ALT NON 2 0 $20,000
FIRE ESCAPE FOR EXISTING HIGH SCHOOL BUILDING
BLD01-00359 UNIVERSITY OF IOWA COM 825 MORMON TREK BLVD ALT NON 0 0 $16,300
CONSTRUCT WALLS INBASEMENT FOR WORK STATIONS
BLD01-00440 PROCTER & GAMBLE MANU 2200 LOWER MUSCATINE ALT NON 1 0 $14,000
CONSTRUCT INTERIOR WALL IN MANUFACTURING AREA 101.
BLD00-00657 WALTER DOBRIAN 107 S LINN ST ALT NON 1 0 $0
change of use from office to retail
Total ALT/NON permits: 8 Total Valuation: $1,145,311
BLD01-00416 LOWELL J LEICHTY 809 -811 DAVENPORT ST ALT RDF I 0 $12,500
CONVERT EXISTING BEDROOM TO BATH AND ADD BEDROOM
Total ALT/RDF permits: ! Total Valuation: $12,500
BLD01-00420 IOWA BETA RIVERSIDE COR 303 N RIVERSIDE DR ALT RMF 3 0 $43,500
KITCHEN REMODEL
BLD01-00446 FRANTZ CONSTRUCTION CO 3301 CHATHAM PL ALT RMF 0 0 $9,567
BASEMENT FINISH
BLD01-00366 JOHN & JOELLON ROFFMAN 114 WRIGHT ST ALT RMF 0 I $8,200
SEPARATE 1ST FLOOR INTO TWO UNITS
BLD01-00325 CURTIS SHEETS & SHIRLEY 416 S SUMMIT ST ALT RMF 2 0 $400
EGRESS WINDOW
Total ALT/RMF permits: 4 Total Valuation: $61,667
P e: 4 City of Iowa City
Date: 8/2/2001 Extraction of Building Permit Data for
To: 7/1/2001
From: 7/31/2001 CelIStlS Bureau Report
Type Type
Permit Number Name Address lmpr Use Stories Units Valuation
BLD01-00414 NORMAN ALB1N 714 GIBLFN DR ALT RSF 1 0 $11,000
INTERIOR RENOVATION
BLD01-00324 JOHN STASKA 33 NORWOOD CIR ALT RSF 0 0 $10,500
ENCLOSE SCREEN PORCH FOR 3 SEASON
BLD01-00395 ELMER BRENNEMAN 789 SANDUSKY DR ALT RSF 0 0 $10,000
BASEMENT FINISH
BLD01-00392 STEVEN K & JOAN M TROES 703 ELLIOTT CT ALT RSF I 0 $8,400
INSTALL WINDOWS INTO SCREEN PORCH
BLD01-00398 RYOICHIRO & JAN1NE ANDE 1685 RIDGE RD ALT RSF 0 0 $6,000
RE-DRYWALL LOWER LEVEL
BLD01-00399 FRANTZ CONSTRUCTION CO 2646 -48 CATSKILL CT ALT RSF 0 0 $6,000
BASEMENT FINISH
BLD01-00433 DANIEL OLSON 813 RUNDELL ST ALT RSF 0 0 $2,000
ENLARGE BASEMENT BATH
BLD01-00438 MIKE NEVILLE I 105 DEFOREST AVE ALT RSF 0 0 $2,000
FRONT STOOP FOR SFD
BLD01-00370 GRASS, LAHCEN 1352 GOLDENROD DR ALT RSF 0 0 $1,000
DRYWALL COMPUTOR LIBRARY AND REST OF BASEMENT
BLD01-00431 JOHN MCHUGH 601 TEMPLIN RD ALT RSF 2 0 $1,000
BASEMENT EGRESS WINDOW IN SFD
BLD01-00451 RICHARD A & KATHRYN A K 534 TERRACE RD ALT RSF 1 0 $1,000
FINISH A BEDROOM IN THE BASEMENT AND ENCLOSE MECHANICAL ROOM.
BLD01-00454 NEIL RICH 1601 RIDGE ST ALT RSF 0 1 $300
installation of egress window in basement
Total ALT/RSF permits: 12 Total Valuation: $59,200 I
BLD01-00408 CHEZIK HOLDING COMPAN 2343 MORMON TREK BLVD NEW NON 1 0 $355,000
NEW 7,000 SQ FT SERVICE CENTER BUILDING FOR CAR DEALERSHIP
BLD01-00254 BLOOMINGTON BUILDING P 510 E BLOOMINGTON ST NEW NON 1 0 $254,100
4200 SQ FT MEDICAL OFFICE BUILDING WITH LOWER LEVEL PARKING
Total NEW/NON permits: 2 Total Valuation: $609,100 ]
BLD01-00394 G CARL &JULIA M SCHWES 1 ACORN CT NEW RAC 0 0 $50,000
15' X 36' INGROUND POOL AND SPA
BLD01-00423 SPILGER, STEPHEN J 610 ARBOR DR NEW RAC 1 0 $10,700
DETACHED 2 CAR GARAGE FOR SFD AND EXTERIOR STAIRS TO BASEMENT
BLD01-00391 DIANA L HARRIS 1025 DAVENPORT ST NEW RAC I 0 $8,500
20' X 22' DETACHED GARAGE
BLD01-00448 GEORGE L &MARY L WILM 62 REGAL LN NEW RAC 1 0 $7,895
CONSTRUCT A 22' X 24' DETACHED GARAGE.
BLD01-00396 FARR, TERESA L 2928 SWEET BRIAR AVE NEW RAC 0 0 $3,000
ABOVE GROUND SWIMMING POOL
BLD01-00425 BEN SCHMIDT 614 RUNDELL ST NEW RAC I 0 $1,200
STORAGE SHED FOR SFD
Page: 5 City of Iowa City
Date: 8/2/2001 Extraction of Building Permit Dam for
To: 7/1/2001
From: 7/31/2001 Census Bureau Report
Type Type
Permit Number Name Address lmpr Use Stories Units Valuation
Total NEW/RAC permils: 6 Total Valuation: $81,295 [
BLD01-00403 EAST HILL SUBDIVISION L C 2542 -44 CATSKILL CT NEW RDF 2 2 $155,656
DUPLEX WITH TWO CAR GARAGES
2542-2544 CATSKILL COURT
Total NEW/RDF permits: 1 Total Valuation: $155,656 ~
BLD01-00385 VILLAGE PARTNERS DEVEL 1546 CHURCHILL PL NEW RMF 1 3 $321,878
RMF THREE UNIT CONDOMIMIUM WITH THREE SEASON PORCH AND BASEMENT FINISH IN I546. i546,1550,
1554 CHURCHILL PLACE
Total NEW/RMF permits: I Total Valuation: $321,878
BLD01-00432 H & H HOMEBUILDERS, INC 1058 GOLDENROD DR NEW RSF I 1 $195,000
SFD WITH ATTACHED 2 CAR GARAGE
BLD01-00363 PLUM GROVE ACRES 1NC 3617 ELGIN DR NEW RSF 1 1 $190,000
S.F.D. WITH THREE CAR GARAGE
BLD01-00424 THOMAS & DANA RIES 346 GREEN MOUNTAIN DR NEW RSF 2 l $169,391
SFD WITH ATTACHED 2 CAR GARAGE
BLD01-00374 OAKES CONSTRUCTION CO 1770 JAKES WAY NEW RSF 2 1 $160,000
S.F.D. WITH TWO CAR GARAGE
BLD01-00349 STEVEKOHLICONSTRUCTI 1412DICKENSONLN NEW RSF 1 1 $110,000
S.F.D. WITH TWO CAR GARAGE
BLD01-00350 STEVE KOHLI CONSTRUCTI 1420 DICKENSON LN NEW RSF 1 1 $110,000
S.F.D. WITH TWO CAR GARAGE
Total NEW/RSF permits: 6 Total Valuation: $934,391
BLD01-00430 GILPIN BUILDING 330 MARKET ST REP NON 0 0 $23,498
REROOF COMMERCIAL BUILDING WITH SINGLE PLY
BLD01-00418 YELDER, ROY 220 -22 WASHINGTON ST REP NON 0 0 $9,800
REROOF WITH MODIFIED ROOF MEMBRANE
BLD01-00419 ROY L YELDER 21 l IOWA AVE REP NON 0 0 $5,400
REROOF WITH MODIFIED ROOF MEMBRANE
BLD01-00389 MIP IOWA CITY LLC % DELO 210 S DUBUQUE ST REP NON 0 0 $1,075
REROOF
Total REP/NON permits: 4 Total Valuation: $39,773
13LD01-00402 BINH & LAN NGUYEN 804 JEFFERSON ST REP RDF 2 0 $3,500
REROOF
BLD01-00279 MASKE, JUDY KAY 525 IOWA AVE REP RDF 0 0 $500
PORCH CORNER SETTLED, JACK UP AND RE SUPPORT
Total REP/RDF permits: 2 Total Valuation: $4,000
P~ge: 6 City of Iowa City
Vale: S/2/200~ Extraction of Building Permit Data for
To: 7/1/2001
From: 7/31/2001 CellSUS Bureau Report
Type Type
Permit Nmber Name Address lmpr Use Stories Units Valuation
BLD01-00449 IOWA BETA RIVERSIDE COR 303 N RIVERSIDE DR REP RMF 3 0 $19,600
REROOF EXISTING STRUCTURE WITH CLASS "A" SHINGLES.
BLD01-00388 GREENWOOD MANOR 605 GREENWOOD DR REP RMF 0 0 $5,616
BUILT LIP ROOF
Total REP/RMF permits: 2 Total Valuation: $25,216 1
BLD01-00422 P & R PROPERTIES LC 932 COTTONWOOD AVE REP RSF 0 0 $900
REPLACE EGRESS WINDOWS IN BEDROOMS FOR SFD
BLD01-00426 DOROTHY MCARTOR 722 GRANT ST REP RSF 0 0 $500
REPLACE FRONT DECK ON SFD
Total REP/RSF permits: 2 Total Valuation: $1,400
GRAND TOTALS: PERMITS: 75 VALUATION: $4,095,917
Date: 9-Aug-01
To: City Manager and City Council
From: Dianna Furman
Subj: Utility Discount Program Statistics - Fiscal Year ' 99 Total, FY ' 00, FY 01 and FY 02
Water
Sewer Total
Refuse Water Accounts
Recyling Sewer on
Discount Discount Discount Water Tax Sewer Refuse Recycling Total
Month s s Program Discount Discount Discount Discount Discount Discounts
FY99
Totals 1522 795 2317 8,019.87 402.18 8,042.58 9,702.28 3,105,90 29,272.81
FY00
Totals 1688 997 2685 10,473.84 527.10 10,052.19 9,969.54 3,388.35 34,411.02
FY01
~s 1679 975 2473 11,828.26 592.79 10,815,10 10,408.83 3,554.25 37,199.23
FY 02
Jul 116 84 200* 835.52 41.99 760.56 658.05 224.70 2520.82
FY02
Totals 116 84 200 835.52 41.99 760.56 658.05 224.70 2,520.82
cc: Kevin O'Malley
*Renewals for discount program completed July 2001
Iori/utility/utdisc01 .xls
Marjan Karr ~
From: Mamia Klingaman
Sent: Wednesday, August 15, 2001 9:09 AM
To: *City Council
Subject: FW: Saturday Night Drive-ln
A neat email from Jerry Hansen regarding the Saturday Night Drive In held this past Saturday evening,
August 11. He sent it to all on the Wetherby Friends and Neighbors Steering Committee and myself.
..... Original Message .....
From: dansk@home.com [mailto:dansk@home.com]
Sent: Tuesday, August 14, 2001 4:52 PM
To: Marcia Klingaman
Subject: Saturday Night Drive-In
Hello to all,
I could not be more proud of Wetherby Friends and Neighbors than I
am tonight. I want to thank
everyone, including you Marcia, for all of the work and effort it took to
put this project on. Tonight
reminded me again that there really is hope of bringing this neighborhood
together if we just keep
pushing. It was somewhere between 250 to 300 people that showed up. All
I know is that the shelter was FULL and as far up Taylor as I could see
there were families and lawn chairs coming toward the Park. I don't know
about you guys, but I was stunned. We will have to think on a MUCH
LARGER scale for next year. Thanks for the idea, Don. I believe that this
one event did more for the people in our
neighborhood to get to know one another than anything that has ever been
done here before. Well, for
right now that is all I am going to say. I am exhausted like the rest of you
after tonight and want to go to bed. I will be calling a Wetherby meeting in
the near future to discuss planning strategies and events for next year.
How about an Antique show in the Park during the day followed by the
movies at night?
Jerry
8/15/0l
From: RJ Winkelhake I 08-t6-01
Sent: Tuesday, August 14, 2001 12:03 PM IP21
To: 'Blaine Shaffer'
Cc: Ernie Lehman; Connie Champion; Ross Wilburn; Dee Vanderhoef; 'iPfab@avalon.net'; *City
Councir; Steve Arkins
Subject: RE: CEDARWOOD APARTMENT DRUG DEALING
We are already doing additional assignments in the area. The SCAT officers are working the area as well as the
Narcotics Task force. The Day watch and the Evening watch have increased the uniform patrol as well. Sgt. Hart is in
contact with Randy and will continue to work with him on problems that are identified by you or Randy or by the PD. I do
not feel comfortable going into details of how the officers are going about the job in this forum. You are certainly free to
contact my office to discuss more details if you wish. The contact between randy and Sgt. Hart will have a positive impact
with the concerns we share.
HEARTLAND MANAGEMENT COMPANY
DISTRICT OFFICE
1927 KEOKUK ST
IOWA CITY, IA 52240
319-358-1515
August 14. 2001
Chief R.J. Winkelhake
Iowa City Police Department
410 E. Washington St
iowa City, IA 52240
Dear Chief Winkelhake,
I am writing to again request additional police presence and surveillance at 2000 S Broadway Street, Iowa City, also
known as Cedarwood Apartments.
I met with the residents of Cedarwood Apartments on Tuesday. June 26, 2001. This meeting was a time to discuss any
and all concerns. A majority of those attending were extremely concerned, even to the point of fearing for the physical
safety of themselves and their children. The hanging out by people using and selling illegal drugs, congregating in the
stairwells and harassing and intimidating others, was the cause of their concerns. In the past two weeks ten families have
moved out of Cedarwood Apartments or have notified us that they plan to move because they do not feel safe and secure.
They can no longer tolerate being harassed or intimidated by the unwanted people using and selling illegal drugs around
the complex.
I have met with you and your staff on many occasions to discuss this ongoing problem I want the residents at Cedarwood
Apartments to feel safe in their own homes and for their children to feel safe in their play area.
I am asking you and your staff to take immediate action to correct this situation.
What will you do to make this happen?
Sincerely,
Blaine Shaffer
Regional Property Manager
Cc: Ernie Lehman, Iowa City Mayor
Connie Champion, Iowa City Council member
Dee Vanderhoef, Iowa City Council member
Ross Wilburn, Iowa City Council member
Irvin Pfab, Iowa City Council member
Mike O'Donnell, Iowa City Council member
Steven Kanner, Iowa City Council member
Steve ArkManagement ins, City Manager
Jack Malone, Heartland Co. Vice President and Director of Operations
Madan Karr
From: Ross Wilburn
Sent: Friday, August 17, 2001 12:37 AM
To: RJ Winkelhake; 'Blaine Shaffer'
Cc: Ernie Lehman; Connie Champion; Dee Vanderhoef; 'ipfab@avalon.net'; *City Council; Steve
Atkins
Subject: BE: CEDARWOOD APARTMENT DRUG DEALING
Dear Mr. Shaffer,
I applaud your efforts to meet with residents in the Cedarwood Apartments and hear their concerns about safety. Not all
property managers would take the time to meet and hear the concerns of their tenants.
I live in the area on Taylor Drive and have witnessed the increased presence of Iowa City Police from my home and in
passing by Broadway street, on my way home both evening and late evenings. I strongly encourage you to take the
Chiefs offer to meet and learn for yourself of the increased patrol efforts. Perhaps you can assist by working to help
encourage your tenants to report any illegal/suspicious activity and stress the importance of personal safety awareness
\prevention. While this can be difficult for people to do. it is so important since the police can't physically be present
everywhere in the neighborhood simultaneously.
Thanks again for your effort and your support of keeping our neighborhoods safe,
Respectfully,
Ross Wilburn
Council member
..... Original Message .....
From: RJ Winkelhake
Sent: Tuesday, August 14, 2001 6:03 PM
To: 'Blaine after'
Cc: Ernie Leh ; Conhie Champion; Ross Wilburn; Dee Vanderhoef;
'ipfab@avalon.net'; ity Council; Steve Arkins
Subject: RE: CEDAR D APARTMENT DRUG DEALING
We are already doing additional a ' nments in the area. The SCAT ~ are working the area as well as the
Narcotics Task force. The Day watch the Evening watch have i the uniform patrol as well. Sgt Hart is in
contact with Bandy and will continue to w with him on problems I by you or Bandy or by the PD. I do
not feel comfortable going into details of how officers are goi job in this forum. You are certainly free to
contact my office to discuss more details if you w . The con and Sgt. Hart will have a positive impact
with the c .
..... Original Message .....
From: Blaine Shaffer [mailto:blaineshaffer@heartlar
Sent: Tuesday, August 14. 2001 11:35 AM
To: rj-winkelhake@iowa-city.org
Cc: ipfab@avalon,net; Jack Malone; conhiE /.org;
council@iowa-city.org;
ross-wilburn@iowa-city.org;
Subject: CEDARWOOD APARTME DEALING
eSafe Protect Gatewa mail for viruses,
vandals and
suspicious attachme has found it to be CLEAN.
File: cheifwink (21,504 bytes)
Encoding:l
Result:
621 North Johnson Street
Iowa City, IA 52245
Ron Pearson, CEO
5820 Westtown Parkway
West Des Moines, IA 50266
Dear Mr. Pearson,
Families are high-volume customers, spending hundreds of dollars weekly for diapers, food, prescriptions, dell food,
everything Hy-Vee sells. Iowa City's Northside Neighborhood is home to many of your high-volume customers, and
our neighborhood will be very badly affected by the opening of a Regal Liquor store in the Pearson's Drug Store
building. Why not open a 24-hour donut shop instead, so that the hundreds of students who live nearby can do
business with you legally? In addition, Iowa City's police could patronize you instead of scrutinize you. You'd be the
only such act in town, and Pearson's current regulars would surely embrace you.
Your liquor store plan is short-sighted and will probably lose you more business than it will gain. The Northside
Neighborhood is working hard to stay as family-oriented as we can, and we are making good progress toward that
goal. We want to be able to sell our homes to families, and to maintain a quiet, clean neighborhood where we can
sleep with our windows open. We invest money into our homes and energy into our causes.
Our north-south streets, Dubuque, Linn, and Gilbert. are corridors of after-hours pedestrian vandalism. with porch
furniture stolen, gardens uprooted, and cars damaged by drunken students on their way home from parties or the
downtown bars. We are awakened by the noise and we have to clean up the vomit from our sidewalks and yards.
If you increase Iiquor sales in our neighborhood you will also increase this kind of damage to our neighborhood, and
we will take our business elsewhere--we have an Eagle Country Market at our core, a pharmacy nearby in
downtown Iowa City, and an excellent beer, wine, and liquor selection at Iowa City's last family-owned grocery. We
are very sensitive to keeping our smaller and downtown businesses solvent.
In addition to the very dense student population (and you must be aware of The University of Iowa's problems with
hinge drinking), our neighborhood is home to a number of halfway houses and a homeless shelter, and to a church
site that provides free lunches to homeless people. Are these part of the favorable demographics cited by your
spokesperson in today's Iowa City newspapers? If so, your decision goes well beyond cymcal to just plain sinister.
These vulnerable populations do not need liquor to be any more available than it already is. Our Eagle Country
Market has already acknowledged this by pledging to reduce its promotion of its occasional beer and wine specials.
They recognize the value of a family-based clientele. I hope that you will too.
Sincerely,
cc: Iowa City City Council
I'
"
--
2~;
FINAL
MINUTES
DEER TASK FORCE MEETING
JULY 12, 2001
CITY MANAGER'S CONFERENCE ROOM - CIVIC CENTER
MEMBERS PRESENT: Pat Farrant, Harold Goff, Jan Ashman, Nancy Menning,
Pete Sidwell, Steve Hendrix, Lezlie Hall
MEMBERS ABSENT: Linda Dykstra, Paul Emerson
STAFF PRESENT: Ron Fort and Lisa Mollenhauer
OTHERS: Tim Thompson (DNR)
CALL TO ORDER
Pat Farrant called the meeting to order at 6:50 P.M.
APPROVAL OF MINUTES
Motion by Goff and seconded by Sidwell to approve the minutes of the June 26 meeting.
Motion carried, 6/0, Hall, Emerson and Dykstra absent. (Hall arrived at 7:00 P.M.)
UPDATE ON COUNCIL AFFIRMATION OF LONG-TERM PLAN
Mollenhauer reported that the Long-Term Plan presented to the City Council was
affirmed by them at their Work Session on July 9, 2001. She advised the Council that
the Task Force would proceed with developing its 2001-2002 recommendations.
A concern was expressed about the necessity of so many meetings. Mollenhauer stated
she would furnish a timeline and have it available at the next meeting. The meeting
schedule will be dependant on the Task Force's recommendations and what and when
Council approves. Farrant stated the Task Force seems to be on schedule, with the
range being within the next four to eight weeks.
Thompson distributed the "2001 Iowa Deer and Fall Turkey Hunting Regulations and
License Instructions," which was reviewed and discussed.
2001-2002 REPORT WITH RECOMMENDATIONS
Farrant raised the implications of last year's deer kill last year. The DNR conducted a
helicopter survey of Iowa City in March, and the number of deer per square mile was
under 30. Ashman stated that at 1-24, we educate; 25-30 deer per square mile, we
review on an area by area basis. It seems 30 is in the middle range where the Task
Force might want to look at it area by area. Thompson said the numbers are going to be
soft. probably undercounting in some areas.
There was consensus that the Task Force is pleased that the numbers are down, but
members do not think the population is where they would like them to be.
Goff stated that 35 deer per square mile is the action level, and we were well above that
in March in some of the areas and, given the 30% to 40% population growth per year,
Deer Task Force Meeting Minutes
July 12, 2001
Page 2
the numbers are at 45 to 49 per square mile now. In two to three years they would
double. Goff thinks it is clear that we do need to kill deer this year.
Several of the areas shown on the population map are still quite high, but some are
University or Coralville property. (Thompson did talk briefly with the University) The
highest location in Iowa City is Dubuque Street to Highway 1 North of 1-80, which is at
73. Fort advised that part of that is county and not city. Mollenhauer advised that the kill
numbers are sharpshooting kills, not traffic accidents.
Options considered at this point were:
1. The Task Force agrees that it wants to continue complete analysis, including "do
nothing."
2. Do nothing for just a year, no lethal action.
3. Reduce the number of deer population, without regard to means. Reduction
includes all management.
Mollenhauer responded that the consequence of doing nothing for a year would most
likely result a larger scale slaughter than if a maintenance level kill were performed.
Thompson said a good way of looking at it is if you look at the numbers on the chart, and
look at what the deer population was in 1997, that is fairly close to where we are right
now with the last count. Hall concurred that it seems more humane to maintain.
Thompson demonstrated on the map the deer count area by area.
Farrant stated if the Task Force is going to agree to the need to kill deer, the next step is
to request Willie Suchy, DNR Wildlife Biologist, to do a projection and then an
assimilation project that will guide the figures that we put in our recommendations.
Thompson has already made this request to Suchy. The decision to use sharpshooting,
bow hunting, or other means and how many deer will be made after the Task Force has
received the report from Suchy.
Referring to the Deer Vehicle chart, Ashman stated one of the reasons we kill deer is the
a safety factor.
Mollenhauer reported that all the reflectors were cleaned last week as a community
service project. A discussion followed regarding whether the reflectors actually work.
There was consensus that reflectors do not stop the deer.
Mollenhauer will obtain figures of roadkill for the first half of 2001 from the Police
Department.
Discussion followed regarding concern about the hot spots where deer are killed, and
whether there's any way to make people more aware of these areas. Goff advised that
the thing that alerts people the most is a dead carcass on the road. The idea of a
changeable sign indicating number of hits at that location is one that will be considered
in the future. Farrant stated there is a whole list of things identified last year that were
educational/non-lethal, and further consideration should be given to deer kill areas in this
year's recommendations.
Deer Task Force Meeting Minutes
July 12, 2001
Page 3
Farrant stated that another issue previously agreed upon was that we did not want to
view the reduction of the deer population in Iowa City as an opportunity for recreation. If
the Task Force wants to change the methods of kill, and one of them is bow hunting, we
need to revisit that position that we don't view this as an option for recreation. Hendrix
inquired as to the impact of number of deer to kill on the cost of sharpshooting.
Mollenhauer responded that the per deer cost can actually increase as Iowa City gets
closer to the desired population.
Mollenhauer acknowledged that since bow hunting is illegal in Iowa City, an ordinance
amendment to do bow hunting in town would need to be accomplished, with a public
hearing and three readings. Fort stated that not only is bow hunting not allowed, but
also any projectiles, to include bb guns and slingshots.
Mollenhauer stated that trying to do both bow hunting and sharpshooting in the same
area would most likely make the cost per deer higher for sharpshooting.
Reference was made to the minutes of the discussion with the DNR's Natural Resource
Commission of the Iowa City application. At that time Commissioner Francisco made a
motion to "amend the original motion to ask the department to convey to Iowa City that
the Commission encouraqes the establishment of a long term deer management
program which would include recreational bow hunting."
Farrant stated if the Task Force is going to recommend a different method of kill, it
needs to amend the principles on which the committee has in past years made a choice
of kill method. For example, is it humane, as the committee has defined this term over
the years? Farrant thinks the Task Force needs to revisit the position about recreational
opportunities as a principle for choice, and look at where this falls in the larger question
of how we want to kill animals.
The Task Force decided to have a Listening Session, preferably on the west side of
town. Mollenhauer will arrange a facility and date, to commence at 6:30 p.m. The focus
of the Listening Session will be Population Management Methods. A handout will be
provided outlining the (5-6) management techniques identified by the Task Force, a
simple description of each, the pros and cons, and invite the public to add comments on
methods the Task Force has not thought of. This will also be explained in a short
introductory, followed by a focused discussion on the identified techniques, and then a
short open session at the end. Menning expressed her wish to assist with the handout.
The next meeting will be Monday, July 30, 2001,6:45 to 8:15 P.M.
ADJOURNMENT
Motion to adjourn by Ashman and seconded by Hall. Motion carried, 7/0, Dykstra and
Emerson absent. Meeting adjourned at 8:30 P.M.
Minutes submitted by Sandy Bauer
Board of Directors Meeting-Board meeting of June 21st, 2001
Board members present-Bell, Clancy, Cook, Luong, Nothnagle, Phillips
Board memebers absent-Paris, Petersen
Staff members present-Paine
1. Call to order at 7:30pm.
2, Consent agenda approved.
3, Motion to appoint Michael Bell to Board of Directors. Unanimous vote.
4. March and April minutes edited and approved. May minutes approved as amended.
5. Short Public Announcements-none.
6. Board Announcements-
A. Tom's Guitar Show on the Ped Mall at 3pm Sundays- July 8I" and August 12'".
B. Convergence II DJ fundraiser will take place on July 13th , 8pm-2am at The Old
Brick Church. Admission is $i0.
C. Amy Cook announced her resignition. Her last day on the Board will be Sunday,
July 151", 2001. She will be relocating to Gallup, New Mexico.
7. Building Strategy-
A. Jim Larew will check on a possible Property Tax Exemption clause for public
television stations.
B. Proposal for purchase of Hagen Building by PATV will be presented at Monday
night commission meeting.
C. Proposal contingent upon 3 stipulations.
1. Longterm commitment from the E. Connor Center.
2. Grant from the City.
3. Appraisal.
D. Motion to make an offer to purchase Hagan's building located at 730 S. Dubuque
St. for $290,000, contingent upon 3 stipulations stated. (Longterm Connor
commitment~ City grant, appraisal). Unanimous vote.
8. Board Recruitment-Amy will call Marjo Johnson!
9. New Business-none.
10. Reports-
ICTC-none.
Committees-none.
Treasurer-none.
Management-
A. PATV has been accepted into the Iowa Shares project.
B. Motion to discontinue Chamber of Commerce membership. One abstain,
majority approve.
C. Motion to designate Rene' Paine and Phil Phillips as signatories for any
transactions involving acquisition of Hagan property. Unanimous vote.
1 i. Adjourn at 9:26pm.
I08-16-01
Madan Karr IP25
From: Carol DeProsse [cdeprosse@earthlink.net]
Sent: Friday, August 03, 2001 12:59 PM
To: jcnews@yahoogroups.com; jctalk@yahoogroups,com; icprogs@yahoogroups.com; Mike
Berent; Erika Kuker; Brian Davis; Mike Romp; matt-blizek@uiowa.edu;
mblizek@blue.weeg.uiowa.edu; alex-stroda@uiowa.edu; astroda@blue.weeg.uiowa.edu
Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.iaus; mlehman@co.johnson.ia.us;
sstutsma@co.johnson.ia.us; pharney@co.johnson,ia.us; tneuzil@co.johnson.ia.us;
tjneuzil@msn.com; carolt@inav.net; Connie_Champion@iowa-city.org; Ernie Lehman@iowa-
city.org; Ross_Wilburn@iowa-city.org; Dee_Vanderhoef@iowa-city.org; ipfab~avalon.net;
Mike_O'Donnell@iowa-city.org; Steve_Atkins@iowa-city.org; Eleanor_Dilkes@iowa=city.org;
Marian_Karr@iowa-city.org; mary_mascher@legis.state.ia.us; vicki_lensing@legis.state.ia.us;
joe_bolkcom@legis.state.ia.us; barry_brauns@legis.state.iaus; ro_foege@legis.state.ia.us;
richard_myers@legis.state.ia.us
Subject: Fair play? No way!
Today's (August 3, 2001) local papers report the following story:
Hakim Hill, a recent graduate of City High, was set free yesterday by Judge
Sylvia Lewis with no bond posted after being charged with a third degree
sexual assault on a City High student. He allegedly forced the woman to
perform oral sex on him as well as then picking her up, laying her down, and
having sexual intercourse with her. Hakim Hill pled guilty some months ago
to aiding and abetting in the theft of paint guns from Scheel's All Sports,
and using them to shoot several people. He was fined and given 50 hours of
con~unity service.
A friend of mine, 31 years of age, with no criminal history, was sitting by
herself in her place of residence one February night last year, around 10:30
at night, when she became a victim of a knock-at-talk by the ICPD. After
gaining entry--my friend had no reason not to believe them when they said
they were investigating an 'incident in the neighborhood and could they come
in and talk with her'--and more than an hour's worth of employed psychology,
the two ninja-suited officers and big medallions hanging from around their
necks, were able to walk away with what was later to be described as less
than 1/16 of an ounce of marijuana. Judge Sylvia Lewis set bond at
$1,950--the maximum possible= for this possession of marijuana. The money
was not returned by the system for two and one-half months
These two accounts are one reason why, in my opinion, the Charter Amendments
are necessary. This story, in one form or another, has been repeated time
and again to those of us collecting signatures on the petitions to get the
amendments placed before the voters on November 6. Of course, one does have
the option of believing that all these folks are lying and no doubt deserved
what happened to them.
It's always an option to bury your head in the sand.
Marian Karr
From: Carol DeProsse [cdeprosse@ear~hlink.net]
Sent: Friday, August 10, 2001 1:47 AM
To: jcnews@yahoogroups.com; icprogs@yahoogroups.com; slp@fist.uiowa.edu
Cc: Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-
city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net
Subject: ticnews] Unethical Conduct? Vote now.
Scenario (emphasis mine):
1. A city manager belongs to a professional organization which has a code
of ethics requiring members to 'Refrain from all political activities which
undermine public confidence in professional administrators.'
2. A group of citizens is conducting a petition drive to place amendments
to a Home Rule Charter on the ballot for voter approval or disapproval. The
amendments have not yet been certified to the ballot because the petition
drive is still underway. One of the amendments would require the position of
city manager to be subject to a retention vote every four years by the
public.
3. A city manager living in a town where this petition drive is underway
writes a 2-1/2 page memo to the City Council and sends a copy to at least
one of the persons helping gather signatures. This memo details the
manager's objections to the proposed amendment and concludes as follows:
In conducting myself in my leadership responsibilities for the City
organization, I must do so within the recognized limits of this code.
Political activities are simply not acceptable to an incumbent City Manager
The retention vote represents substantially changing our form of local
government it is contrary to the separation of elected and appointed
responsibilities . . .the charter amendment concerning a retention vote
likely will place in jeopardy any future City Manager applicant seeking the
position with the Iowa City city government . . . it diminishes the
responsibilities of the City Council in supervising the City manager and
directing the policies of the local government.
4. The memo hits the papers the next day for public consumption.
Question:Since it could legitimately be viewed as intent to influence public
and Council opinion on the proposed amendment, i$ the issuance of the memo a
political activity?
[Non-text portions of this message have been removed]
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08-16-0'1
Marjan Karr L
From: Carol DeProsse [cdeprosse@earthlink.net]
Sent: Friday, August 10, 2001 12:05 PM
To: jcnews@yahoogroups.com; icprogs@yahoogroups.com
Cc: jpwhite@co.johnson.ia.us; cthompso@co.johnson.ia.us; mlehman@co.johnson.ia.us;
sstutsma@co.johnson.ia.us; phamey@co.johnson.ia.us; tneuzil@co.johnson.ia.us;
tjneuzil@msn.com; carolt@inav.net; mary_mascher@legis.state.ia.us;
vicki_lensing@legis.state.ia.us; joe_bolkcom@legis.state.ja.us;
barry_brauns@regis.state.ia.us; ro_foege@legis.state.ia.us; richard_myers@legis.state.ia.us;
Connie_Champion@iowa-city.org; Ernie_Lehman@iowa-city.org; Ross_Wilburn@iowa-
city.org; Dee_Vanderhoef@iowa-city.org; ipfab@avalon.net
Subject: [jcnews] #5, #7, #8: My favorites
1. Editorial: Nostalgia for the '80s
http://www.drcnet.org/wol/198.html#nostalgia
2. With National Drug Treatment Binge Looming, Survivors
Conference in Suburban DC Targets Abusive Programs
http://www.drcnet.org/wol/198.html#trebachconference
3. Court Ruling Brings New York City Needle Exchange Suit a Step
Closer to Class Action Status
http://www.drcnet.org/wol/198.html~sweetruling
4. Two Steps Backward, No Steps Forward in Illinois: No to
Hemp, Yes to Draconian Ecstasy Penalties
http://www.drcnet.org/wol/198.html#stepsbackward
5. Canadian Health Minister Has "Open Mind" on Marijuana
Legalization
http://www.drcnet.org/wol/198.html#rockgarden
6. Reams "Reeferendum" Underway in Virginia, Libertarian
Candidate Enters Lt. Governor Race to Push Marijuana Reform
http://www.drcnet.org/wol/198.html#reeferendum
7. Hawaii Pays Hemp Advocates $75,000 in Persecution Settlement
http://www.drcnet.org/wol/198,html#persecutionsettlement
8. Reformer Profile: Ethan Nadelmann
http://www.drcnet.org/wol/198.html#nadelmann
[Non-text portions of this message have been removed]
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~ From Council Member ! o8-t8-ot
, Steven Kanner ~P27
"FIS CA L IMPA C T A NA L YSIS
FOR THE
WIND S 0 R RID G E
& S YCA M 0 RE FA RIftS
ANNEXATiON AREA S
November 1992
Prepared by:
Department of Planning & Community Development
410 E. Washington St.
Iowa City, Iowa 52240
(319) 356-5230
Karin Franklin, Director of Planning & Community Development
David Schoon, Economic Development Coordinator
FISCAL IMPACT ANALYSIS FOR THE
WINDSOR RIDGE & SYCAMORE FARMS ANNEXATION AREAS
November 1992
PaQe
Executive Summary ............................................... i
I. Introduction ............................................... 1
II. Development Pattern Assumptions ............................... 2
A. Windsor Ridge Annexation Area ............................ 2
B. Sycamore Farms Annexation Area ........................... 3
III. Municipal Fiscal Impact Analysis ................................. 4
A. General Fund ......................................... 4
1. Operating Expenses & Revenues ....................... 4
2. Related Capital Expenses & Revenues ................... 7
B. Enterprise Funds ....................................... 8
1o Service Lines .......... ~ ......................... 9
2. Physical Plants .................................. 11
C. Capital Improvements Program ............................ 13
IV. Public School District Fiscal Impact Analysis ....................... 14
A. General Operating Budget ............................... 14
B. Capital Projects ....................................... 16
EXECUTIVE SUMMARY
A fiscal impact analysis was performed to project, in current dollars, the direct public costs
and revenues associated with projected residential growth within the proposed Windsor Ridge_
and Sycamore Farms Annexation areas. Based on the assumptions highlighted in this
summary, the assumptions stated in the study, and the data upon which the study is based,
the study concludes that the revenue generated by residential development within the
proposed annexation areas would pay for nearly all of its associated municipal and school
district expenditures. However, certain public expenditures resulting from the development
of these areas could require increases in taxes, increases in other revenue sources and/or use
of current cash. This finding holds true if the same development were to occur within th~h~e~')
existing corporate limits ....
In estimating the public costs and revenues associated with the new residential growth, the
analysis assumes full development of the proposed areas, a concomitant demand for
infrastructure and services, and the City maintaining the same level of municipal services it
presently provides. However, full development of these areas will not occur all at once but
over a period of time. Therefore, necessary expenditures may occur prior to the subject areas
generating sufficient revenue to cover the expenditures. In this instance, the remainder of the
community would have to subsidize the subject areas.
The fiscal impact analysis is divided into two major sections. The first section, a municipal
fiscal impact analysis, evaluates the impact on the City's budget of development within the
proposed annexation areas. The second section, a public school district fiscal impact analysis,
evaluates the proposed developments' impacts on the school district's budget.
Municioal Fiscal Impact Analysis
The municipal fiscal impact analysis evaluates the impact of the proposed development on the
City'S general fund, enterprise funds, and the capital improvements program.
The general fund analysis examines the operating and capital budgets of those services within
the general fund (i.e. parks and recreation, library, police, fire, street maintenance, and
administration). The analysis of the general fund operating budgets concludes that the
revenues generated by the Windsor Ridge area would pay for its associated expenditures and
would even generate a small surplus of approximately $330,000. However, the Sycamore
Farms area, would fall slightly short of generating a sufficient level of revenues to cover its
associated expenditures, approximately $ 210,000.
The potential exists that additional capital expenditures would be required for certain general
fund services. These capital expenditures include the construction of a new library branch,
additional recreation facilities, and even the possibility of a new fire station. However,
construction of any of these facilities would be required as a result of growth whether it
occurs in the annexation areas or the remainder of the community. The construction of any
of these facilities would require the use of additional revenue.
The fiscal impact analysis of the enterprise funds examines those enterprise funds most
directly affected by residential growth in the proposed annexation areas. These funds include
pollution control, water, transit, and refuse collection funds. This study analyzes these funds
by two components, (1) major physical plants and (2) service lines.
ii
The following summarizes the physical plant needs as a result of development within the
proposed annexation areas. if*should be noted that these same physical plant needs would
be required if the same development would occur within the existing corporate limits. The
study concludes that as a result of needing to meet federal ammonia treatment requirements,
additional capacity at the south wastewater pollution control plant would be needed in order
to provide sewer service to the fully developed annexation areas. The cost of providing this
additional capacity would cost approximately $2.0 million. Regardless of growth, the City
also needs to invest in improving its water quality by upgrading its present water system.
Upgrading the system will require providing sufficient capacity for residential growth.
Additional residential growth in the community, whether it occurs within the existing
corporate limits or outside the corporate limits (in the proposed annexation area or the
remainder of Johnson County), would lead to the existing landfill cell being filled sooner than
if no additional growth occurred. The expense Of constructing a new landfill cell would occur
sooner with additional growth in the county than with no growth in the county. And lastly,
neither the transit fund nor the refuse collection fund should require construction of additional
physical plant space.
The following summarizes the service line needs as a result of development within the
proposed annexation areas. The construction of sewer lines, water mains, and streets to
newly annexed areas would be paid by the developer according to the City policy of providing
these services to newly annexed areas. The cost of providing transit service to the
annexation areas would be paid by user's fees, the transit levy, and unpredictable federal and
state funds. Any shortfall in revenue in the transit fund would be covered by the general fund
levy. The cost of providing refuse collection should be covered by the refuse collection users'
fees.
Additional residential growth in the proposed annexation areas would lead to additional costs
of ;.. , :Jing municipal services to these areas. Some of these additional costs would be
covered by the existing property tax and fees structure. Other costs, however, would require
an increase in property taxes, increase in fees and/or use of current cash.
Public School District Fiscal Impact Analysis
The fiscal impact analysis for the school district budget assumes that the State continues to
use a similar state aid formula when the subject areas are fully developed. The analysis
concludes that the school district's share of the general operating expenses would slightly
increase resulting in an insignificant increase in the operating property tax rate. However, the
capital expenses resulting from the development of the annexation areas would require an
increase in taxes in order to finance the construction of additional elementary schools and
secondary school space. Again these are potential capital expenses which would be required
whether residential development occurs in the annexation areas or within the existing
corporate limits.
As the previous comments indicate and the study explicitly states, this study should be used
as a guide in evaluating the merits of the annexation requests. Given the many variables and
assumption used in this fiscal impact analysis, this analysis provides only a general framework
from which to evaluate the fiscal impacts of the projected growth in the proposed annexation
City of Iowa City
MEMORANDUM
Date: August 16, 2001
To: Mayor and City Council
From: Madan K. Karr, City Clerk ~dkY~~''
Re: Liquor Establishments Not On Ground Floor
At the request of Council Member Kanner I have reviewed a list of all currently licensed
premises and have circled those that I personally know do not limit sale of alcohol to the
ground floor.
Please keep in mind this list reflects:
· my personal knowledge
· includes carry out and on premises consumption
· does include multi-level
· does not include those that may have different levels within their establishments
Attachment: 09-Aug-01 Liquor Licenses
CITY CLERK PAGE: 1
LIQUOR LICENSE LICENSES
PRINTED : 09-AUG-01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
A & J MINI MART 2153 ACT CIRCLE IOWA CITY IA 2S-AUG 00
~AJAXXX LIQUOR STORE 107 S LINN STREET IOWA CITY IA 17-AUG 00
AAJAXXX LIQUOR STORE 10~ S LINN STREET IOWA CITY IA 17-AUG-00
kAJAXXX LIQUOR STORE 107 S LINN STREET IOWA CITY IA 17 AUG-00
AIRLINER THE 22 S CLINTON IOWA CITY IA ll-J
ALLE~CAT THE 13 S LINN STREET IOWA CITY IA l0 FEB 00
AMERICAN LEGION, ROY L- CHOPEK POST ~17 3016 MUSCATINE AVE IOWA CITY IA 03 JUL-01
AOESHE RESTAUR3~ 624 S GILBERT ST IOWA CITY IA ll-JAN-01
CITY CLERK PAGE: 2
LIQUOR LICENSE LICENSES
PRINTED : 09 AUG 01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
DEADWOOD, THE 6 SOUTN DUBUQUE STREET IOWA CITY IA 05 APE-01
[)ELI M/~RT ~3 2410 MORMON TREK BLVD IOWA CITY IA 13 ~AY-01
DELIMART 525 HWY 1 W IOWA CITY IA 05-NOV 00
DEbIM3LRT #2 1920 LOWER MUSCATINE RD IOWA CITY IA 24 M3Ut 01
DELIM/eT ~5 206 E BENTON ST IOWA CITY IA 16-OCT-00
DEVOTAY 117 N LINN STREET IOWA CITY IA 01-MAR 01
[DIAMOND DAVE'S TACO COMPANY 201 S CLINTON STE ~279 IOWA CITY IA 09 SEPt00
2}I~aMOND DAVES TACO CO 1604 SYCAMORE/~330 SYC MALL IOWA CITY IA 14-OCT-00
DOC'S STANDARD 801 S RIVERSIDE DR IOWA CITY IA 15 SEP 00
29RUGTOWN 310 N FIRST AVENUE IOWA CITY IA 01-AUG 01
[~RUGTOWN 310 N FIRST AVENUE IOWA CITY IA Ol-AUG-0I
RUGTOWN 310 N FIRST AVENUE IOWA CITY IA 01 AUG 01
DUBLIN UNDERGROUND,THE 5 S DUBUQUE ST IOWA CITY IA 24 JUN 01
IUBUQUE STREET Fa~NDIMART 204 N DUBUQUE STREET IOWA CITY IA 31 MAy 01
[~UBUQUE STREET HA/~DIMART 204 N DUBUQUE STREET IOWA CITY IA 31 MAY 01
~'IIDS N' SUDS 5 STURGIS DRIVE IOWA CITY IA 01
AGLE FOOD CENTER ~157 600 N DODGE STREET IOWA CITY IA 19 NOV 00
AGLE FOOD CENTER #157 600 N DODGE STREET IOWA CITY IA 15.JI/N 01
~:AGLE FOOD CENTER #157 600 N DODGE STREET IOWA CITY IA 19 NOV-0S
[, R/U4CHER0 MEXICAN RESTAUR/~NT 21 STURGIS CORNER DRIVE IOWA CITY IA 15 FEB-01
?C 118 S DUBUQUE ST PO BOX 1702 IOWA CITY IA 14 JUN 01
~AREWAY STORES INC 2530 WESTWINDS DRIVE IOWA CITY IA 01 DEC 00
i'AREWAY STORES INC ~950 2530 WESTWINDS DRIVE IOWA CITY IA 01 DEC-00
!ELD MOUSE BAR THE 111 E COLLEGE STREET IOWA CITY IA 21 FEB 01
CITY CLERK PAGE: 3
LIQUOR LICENSE LICENSES
PRINTED : 09-AUG-01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
FRATERNAL ORDER OF EAGLES, I.C. AERIE ~95 225 HWY 1 S E BOX 507 IOWA CITY IA 04 JUL-Ol
CITY CLERK PAGE: 4
LIQUOR LICENSE LICENSES
PRINTED : 09-AUG-01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
INDIA CAFE 227 E WASHINGTON STREET IOWA CITY IA 21-NOV-00
IT'S BROTHERS E~a & GRILL 125 S DUBUQUE STREET IOWA CITY IA 20-FEB 01
JOE'S PLACE 115 IOWA AV1ENTIE IOWA CITY IA 10-JA/~ 01
JOHN'E GROCERY 401 E MARKET ST~ET IOWA CITY IA 01 MAR-01
JOHN'S GROCERY INC 401 E MARKET STREET IOWA CITY IA
JOHN'S GROCERY INC 401 E MARKET STREET IOWA CITY IA 01-JUL-01
KITTY HAWK, THE 1012 GILBERT CT IOWA CITY IA 15-APE-01
KUM & GO ~422 513 S RIVERSIDE DR IOWA CITY IA 15 JUN-01
KUM & GO ~422 513 S RIVERSIDE DR IOWA CITY IA 15-J73N-01
KUM & GO #51 323 E BURLINGTON STREET IOWA CITY IA 25-SEP 00
SUM & GO ~51 323 E BURLINGTON STREET IOWA CITY IA 25-SEP-00
KUM & GO #52 25 W BURLINGTON STREET IOWA CITY IA 25-SEP-00
KUM & GO ~53 955 MORMON TREK BLVD IOWA CITY IA 25-SEP-00
KUM & GO ~53 955 MORMON TREK BLVD IOWA CITY IA 25-EEP-00
L & M MIGHTY SHOP INC 504 E BURLINGTON STREET IOWA CITY IA 17 AUG-00
L & M MIGHTY SHOP INC 504 E BURLINGTON STREET IOWA CITY IA 17-AUG-00
LA CAEA 1200 E GILBERT CT IOWA CITY IA 01 NOV-00
LINN STREET CAFE, INC, 121 N LINN ST IOWA CITY IA 25 MAY-01
LOU HENRI 630 IOWA AVENTIE IOWA CITY IA 01-JUL-01
LOYAL ORDER OF MOOSE IOWA CITY LODGE NO 1096 3151 HWY 6 EAST PO BOX 26 IOWA CITY IA 01 MAY-01
MALONE'S IRISH pbTB 121 IOWA AVENUE IOWA CITY IA 01-AUG 01
MARTINI'S 127 E COLLEGE STREET IOWA CITY IA 01 AUG 0O
MASALA 9 SOIEH DUBUQUE STREET IOWA CITY IA 11 ~UN 01
MEMORIES 928 MAIDEN LN IOWA CITY IA 17-JUL 01
MICKY'S 11 S DUBUQUE STREET IOWA CITY IA 01 OCT 00
MIKES TAP 122 WRIGHT ST IOWA CITY IA ll-FES-01
CITY CLERK PAGE: 5
LIQUOR LICENSE LICENSES
PRINTED : 09-AUG 01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
MILL RESTAURANT, THE 120 E BURLINGTON ST IOWA CITY IA 30-JUN-01
MINI MART 731 S RIVERSIDE DRIVE IOWA CITY IA 18-OCT-00
MONDO'S 212 S CLIbFPON STREET IOWA CITY IA 01-OCT-00
MOTLEY COW CAFE TEE 327 E MARKET STREET IOWA CITY IA 25-AUG-00
MUMM'S SALOON & EATERY 21 W BEbFFON ST IOWA CITY IA 19-MAY-01
NEW PIONEER COOP FRESH FOOD MARKET 22 S VAN BUREN STREET IOWA CITY IA 29-AUG-00
NEW PIONEER COOP FRESH FOOD MARKET 22 S VAN BUREN STREET IOWA CITY IA 29-AUG-00
NEW YEN CHING RESTAUI~ 1803 BOYRUM IOWA CITY IA 16-DEC-00
NORTH DODGE EXPRESS 2790 N DODGE STREET IOWA CITY IA 01-OCT-00
NORTH DODGE H~IM3~RT 2545 N DODGE STREET IOWA CITY IA 10-JA/q-01
OLD MARKET PLACE THE 1963 BROADWAY STREET IOWA CITY IA 01-JUL-01
ON THE OO DGNVENIENCE STORES INC 2315 MUSCATINE AVENUE IOWA CITY IA 06 OCT-00
CITY CLERK PAGE: 6
LIQUOR LICENSE LICENSES
PRINTED : 09 AUG 01
DOING BUSINESS AS ~.DDRESS CITY ST ZIP EFFECTIVE
QUE. I'HE 211 IOWA AVE PO BOX 2531 IOWA CITY IA 30-0CT-00
QUINTON'S BAR ~ DELI 215 E WASHINGTON STREET IOWA CITY IA 01-FEB-01
R.T. 'S 826 S CLIA~IDN ST IOWA CITY IA 13-FEB-01
RADISSON HOTEL - IOWA CITY 2525 N DODGE ST IOWA CITY IA 09-SEP-00
RED LOBSTER ~758 1069 EIG}{WAY 1 WEST IOWA CITY IA 26 APR-01
RUSS' AMOCO SERVICE 305 N GILBERT ST IOWA CITY IA 02-SEP-00
SAM'S PIZZA 321 S GILBERT ST IOWA CITY IA 01-MAy 01
SANCTUAMY RESTAURa, TRE 405 S GILBERT ST IOWA CITY IA 04-DEC-00
SCOTT BLVTD FAWKEYE CONVENIENCE STORE 2875 COMMERCE DR IOWA CITY IA 29-SEP-00
SEREND[PITY 702 S GILBERT STREET ~107 IOWA CITY IA 05 APR-01
SMAKESPEARE'S 819 FIRST AVENUE S IOWA CITY IA 01-jLrN 01
:IPORTS COLUMN CORP. 12 S DUBUQUE ST IOWA CITY IA 04-APR-01
~UBURBAM AMOCO 370 SCOTT COURT IOWA CITY IA 30-MAy-01
3UBURBAM AMOCO KEOKUK STREET 1905 KEOKUK STREET IOWA CITY IA 20-APR-01
S:/NSET Fa~NDI~RT 1410 WILI/DW CREEK DRIVE IOWA CITY IA 05 OCT-00
~USHI PO PO 725 MORMOM TREK BLVD IOWA CITY IA 05-F~R-01
F&M MINI MART 2601 HWY 6 E IOWA CITY IA 01 OCT~00
F.G.I. FRIDAYS 2208 N DODOE STREET IOWA CITY IA 08-APR~01
FHAI NOODLE HOUSE 340 E BURLINGTON STREET IOWA CITY IA 13-NOV 00
UOSACCO OUTLET PLUS ~537 923 S RIVERSIDE DRIVE IOWA CITY IA 04 JIEN-01
!'UCK'S PLACE 210 N LINN ST IOWA CITY IA 03-AUG-01
'INION BAR 121 E COLLEGE STREET IOWA CITY IA 18 JAM-01
VINE TAVERN, THE 330 E PRENTISS IOWA CITY IA 29-APR 01
JITO'S 118 E COLLEGE ST IOWA CITY IA 10-JULy01
WEEKS V~aN ECK V.F.W. POST ~3949 609 HIGHWAY 6 EAST IOWA CITY IA 10 JUR 01
WIG & PEN PIZZA PUR 1220 HWY 6 WEST IOWA CITY IA 10-JUN 01
CITY CLERK PAGE: 7
LIQUOR LICENSE LICENSES
PRINTED : 09-AUG-01
DOING BUSINESS AS ADDRESS CITY ST ZIP EFFECTIVE
ZI0 JOHNO'S SPAGHETTI HOUSE 953 S RIVERSIDE DRIVE IOWA CITY IA 15 JUN-01
TOTAL I~ER OF LICENSES: 157
City of Iowa City
MEMORANDUM
DATE: August 6, 2001
TO: City Council
FROM: ', City Manager
RE: Code of Ethics
While the proposed amendments to the Iowa City Charter are being considered, and
with the recent legal review by the City Attorney's Office, I believe it is important for me
as your City Manager to provide commentary concerning the proposed amendments and
how they affect my professional responsibilities within my Code of Ethics provided by
and for members of the International City/County Management Association. The Code of
Ethics applies to all members of ICMA. In accepting membership, I am bound by that
code of conduct. I have participated in and been a member of ICMA all of my
professional life. It is an international organization representing 7,000+ professional local
government administrators.
I will leave the legal issues to the City Attorney who serves as counsel to the City
Council. I do feel compelled to comment in that the charter amendments as proposed
could affect my standing in my professional association as well as recognition and
standing of the position of City Manager in Iowa City. The charter amendments also
have the potential of affecting future candidates for the position of City Manager and
attracting candidates of a professional caliber to City offices.
There are 12 tenets to the Code of Ethics (copy attached). I believe there are several
directly pertinent to the proposed charter amendments.
Tenet #1: Be dedicated to the concepts of effective and democratic local
government by responsible elected officials and believe that professional general
management is essential to the achievement of this objective.
This tenet identifies a separation between the responsibilities of elected officials and the
responsibilities of professional managers who serve the communities led by these
elected officials. I believe the proposed retention vote on an individual serving as City
Manager is contrary to this tenet. A retention vote is an election and, thereby, would
obscure the clear delineation of responsibilities between the elected City Council and
their appointed administrative officer, who is selected based solely on professional
credentials.
Tenet #5: Submit policy proposals to elected officials; provide them with facts
and advice on matters of policy as a basis for making decisions and setting
community goals; and uphold and implement local government policies adopted
by elected officials.
August 6, 2001
Page 2
Tenet #6: Recognize that elected representatives of the people are entitled to
the credit for the establishment of local government policies; responsibility for
policy execution rests with the members.
The submittal of policies, proposals, etc. is an important feature and expectation of a
professional. As the code states in Tenet 5, and as has been my interpretation of my
responsibilit.ies and that of the City staff, there is an expectation by the City Council,
based upon our professional expertise and knowledge of the community, that we will
submit ideas and proposals to the Council. The substance of these proposals must not
be influenced by whether or not they are politically popular at the moment. If I were to
observe a circumstance associated with a City Council policy, notably one which could
jeopardize the City's financial health or contrary to some state or federal regulation, it is
my responsibility to advise you accordingly. You would have the same expectation of,
say, your legal and engineering staff, planning officials, etc. For any of us not to advise
you would be contrary to a professional code of conduct. An engineer must submit a
proposal concerning a street project that meets the technical engineering standards. To
do otherwise would risk his/her professional license. What the Council chooses to do is a
political decision, but it is only done with the best available technical knowledge/analysis.
Quite often, the observations/analyses result in recommendations or proposals. These
may not be what a community or, in a more limited sense, an interest group may want to
hear, but it is our (City Manager) responsibility to do so. Only then can we as a
professional staff feel assured, to the fullest extent practical, that the City Council can act
on as complete a body of knowledge as possible. To encumber the policy making and
proposal writing process by the potential for only submittal of ideas that are popular at
the moment, is contrary to the best interest of the City Council and, I believe,
professional administration.
The responsibility for carrying out proposals as approved by the City Council rests with
the City Manager. The responsibility for making a determination as to the direction the
community would choose to proceed concerning a proposal rests with elected officials. If
there is any type of popularity vote, other than the formal employer/employee
relationship between the City Council and City Manager, which is applied to individuals
and/or their positions, I believe it will send a chilling effect throughout the organization
and to the operating departments and their leadership. As you know, we provide a great
deal of latitude to our department directors to feel free and unencumbered by any
political baggage to make proposals and provide analysis, etc. to the City Council. The
proposal process is expected and I believe accepted by these professionals. A City
Manager must present information, policies and other related program ideas to the City
Council. Tenets 5 and 6 envision such responsibility to be unencumbered by any
process that would constrain such responsibility.
Tenet #7: Refrain from all politicel activities which undermine public confidence
in professional administrators. Refrain from padicipation in the election of the
members of the employing legislative body.
This statement in the code is very clear. If, for example, a Council candidate were to
choose to take a position on the charter amendments and then question the City
Manager about those types of issues, other than providing very general and very routine
information, the City Manager could in his/her response be working contrary to the Code
August 6, 2001
Page 3
of Ethics. To remain silent would be the likely eventuality. To do otherwise would give
the appearance of a conflict of interest and, if the City Manager is subject to such a
retention vote, he/she would be clearly accused of "campaigning" for his or her position.
Recognizing the differentiation between elected and appointed officials, the City
Manager must be cautious about his/her conduct in providing information concerning the
community's issues that are clearly of a political nature.
I would hope that you would receive this memo in the spirit in which it is intended. The
City Manager Code of Ethics is clear and definitive. In conducting myself in my
leadership responsibilities for the City organization, I must do so within the recognized
limits of this code. Political activities are simply not acceptable to an incumbent City
Manager and to anyone who would seek the position. The retention vote represents
substantially changing our form of local government and conflicts with the City Manager
Code of Ethics. Additionally, it is contrary to the separation of elected and appointed
responsibilities identified in the State Code, as well as the Code of Ethics. As a
professional City Manager, the charter amendment concerning a retention vote will likely
place in jeopardy any future City Manager applicant seeking the position with the Iowa
City city government. Furthermore, it diminishes the responsibilities of the City Council in
supervising the City Manager and directing the policies of the local government.
cc: Department Directors
mg~mem/chafteramendments7.doc
ICMA Code of Ethics
The ICMA Code of Ethics was adopted by the ICMA in 1924 and most recently amended by the membership in May 1998. The
Guidelines for the Code were adopted by the Executive Board in 1972 and most recently revised in July 1998.
1. Be dedicated to the concepts of effective and democratic local government by
responsible elected officials and believe that professional general management is
essential to the achievement of this objective.
2. Affirm the dignity and worth of the services rendered by government and maintain a
constructive, creative, and practical attitude toward local government affairs and a deep
sense of social responsibility as a trusted public servant.
3. Be dedicated to the highest ideals of honor and integrity in all public and personal
relationships in order that the member may merit the respect and confidence of the
elected officials, of other officials and employees, and of the public.
4. Recognize that the chief function of local government at all times is to serve the best
interests of the people.
5. Submit policy proposals to elected officials; provide them with facts and advice on
matters of policy as a basis for making decisions and setting community goals; and
uphold and implement local government policies adopted by elected officials.
6. Recognize that elected representatives of the people are entitled to the credit for the
establishment of local government policies; responsibility for policy execution rests with
the members.
7. Refrain from all political activities which undermine public confidence in professional
administrators. Refrain from participation in the election of the members of the
employing legislative body.
8. Make it a duty continually to improve the members professional ability and to develop
the competence of associates in the use of management techniques.
9. Keep the community informed on local government affairs; encourage communication
between the citizens and all local government officers; emphasize friendly and courteous
service to the public; and seek to improve the quality and image of public service.
10. Resist any encroachment on professional responsibilities, believing the member should
be free to carry out official policies without interference, and handle each problem
without discrimination on the basis of principle and justice.
11. Handle all matters of personnel on the basis of merit so that fairness and impartiality
govern a member's decisions pertaining to appointments, pay adjustments, promotions,
and discipline.
12. Seek no favor; believe that personal aggrandizement or profit secured by confidential
information or by misuse of public time is dishonest.
mgr/ICMAcode doc
City of Iowa City
MEMORANDUM
Date: August 20, 2001
City Council
From: Eleanor Dilkes, City Attorney
Re: Charter Amendments
The City Clerk has received petitions on the three proposed charter amendments and is in the
process of examining each petition to determine if it is valid on its face. Pursuant to Section
362.4 of the Iowa Code if a petition is valid on its face it shall be accepted for filing. If a petition
"lacks the required number of signatures it shall be returned to the petitioner'. While there is
some ambiguity in the applicable state code provisions, it is my opinion that a presumption of
validity attaches to the petition and the Clerk's review is cursory. The Clerk will return the
petitions only if the requisite number of signatures are not present. Objections to further details
of the petition may be made by a person entitled to vote as discussed below, but examination of
such details is not involved in the Clerk's determination of facial validity prior to acceptance for
filing. This memo will briefly review the process and Council options from the point a petition is
accepted for filing.
A. Objections to PetitionlHearin{3 Before Mayor
As noted in my earlier memo, Section 362.4 of the State Code provides that once a petition is
accepted for filing it is valid unless written objections are filed with the City Clerk within 5
working days. The objection process in Section 44.8 is to be followed which provides for a
hearing in front of the Mayor, City Clerk and another member of the Council selected by ballot
with a majority decision being final. This is the same process that is used for objections to
nomination petitions filed with the City Clerk. Objections to the "legal sufficiency" of the petition
may be filed by "any person who would have the right to vote for a candidate for the office in
question". See Iowa Code Sections 376.4 and 44.4. Thus, within the 5 day period objections to
the "legal sufficiency" of the petition may be filed by a person entitled to vote on the proposed
amendment. After hearing, the Mayor, City Clerk and one other Council member chosen by
ballot would make a decision on the objection. I am in the process of researching what "legal
sufficiency" means so I can provide advice in the event an objection is made.
B. After 5-Day Objection Period
Assuming the petition is accepted for filing and there is no objection to the petition's validity that
is sustained, with respect to each petition Council has the following options. All courses of
action, in my view, include formal Council action before August 31.
1. Submit the amendment to the voters at a special city election to be held at the
time of the regular city election in November. The City Council would do so by resolution and
such resolution must be delivered to the commissioner of elections on or before 5:00 p.m. on
August 31, 2001.
2. File a declaratory judgment action asking the Court to rule on the legality of the
proposed amendment and seeking temporary relief from the Court preventing the submission of
the amendment to the voters at the November election. It seems to me very unlikely you would
get a Court ruling before August 31. If no temporary relief is received and Council desires to
wait for a Court ruling prior to putting the question on the ballot, Council should pass a
resolution on or before 5:00 p.m. August 31 declining to put the amendment on the November
ballot, indicating that a declaratory judgment action has been filed and stating that Council will
act in accordance with the judicial determination.
3. Submit the amendment to the voters as discussed at #1 above and ask for Court
intervention as discussed at #2 above if the amendment passes.
Cc: Steve Atkins
Dale Helling
Marian Karr
Sarah Holecek
Sue Dulek
City of Iowa City
MEMORANDUM
DATE: August 20, 2001
TO: Mayor and City Council ~O,~
FROM: Marian K. Karr, City Clerk
RE: Three Charter Amendment Petitions
This morning three Charter Amendment petitions were accepted in my office.
After consultation with City Attorney Dilkes as to the standard applicable review of the
petitions, I have accepted and filed the petitions in accordance with Sections 362.4 of the
Iowa Code.
Late this aftemoon all three petitions were verified as having met the required minimum
signatures required by Iowa Code.
City of Iowa City
MEMORANDUM
DATE: August 20, 2001
FROM: i I or
C v ~ Fiscal
RE: ertificate of Achie ement for Excellence 'n Financial
Year Ended June 30, 2000
The City of Iowa City has been awarded the Certificate of Achievement for Excellence in
Financial Reporting for its Comprehensive Annual Financial Report for the Fiscal Year
Ended June 30, 2000.
A Certificate of Achievement for Excellence in Financial Reporting is presented by the
Government Finance Officers Association of the United States and Canada to
government units and public employer retirement systems whose comprehensive annual
financial reports achieve the highest standards in government accounting and financial
reporting. The City has received the award for each of the past 16 years,
This award was achieved through the hard work and diligence of Erin Herting, Assistant
Finance Director; Regina Schreiber, Assistant Controller; and the Accounting staff.
finadm/rnem/award.doc