HomeMy WebLinkAbout2001-09-11 Correspondence From Coralville Council Member Herwig o9-1i-oi
3f 1}
CORALVILLE
August 27, 2001
Hon. Mayor and Council Members
City of Coralville
1512 7th Street
Coralville, Iowa 52241
Hon. Mayor and Council Members:
You have previously asked this office whether the Johnson County Health
Department had any authority to regulate the matters pertaining to the regulation of
smoking within the County.
§142B.2(2) states that "smoking areas may be designated by persons having
the custody or control of public places, except in places in which smoking is prohibited
by the fire marshal or by other law, ordinance or regHlation. " "Enforcement of this
chapter shall be implemented in an equitable manner throughout the state. For the
purpose of equitable and uniform implementation, application and enforcement of
state and local laws and regulations, the provisions of this chapter shall supersede any
local law or regulation which is inconsistent with or conflicts with the provisions of
this chapter. §142B.6.
In interpreting the foregoing sections, the Iowa Attorney General's Office
stated that the state legislature clearly acknowledged that localities retained the
authority to establish more stringent prohibitions relating to smoking in public places
than those embodied in state law. Iowa A.G. Opinion November 14, 2000 at page 5.
The question now arises whether the local health department can regulate
smoking within its jurisdiction. The po~vers of local boards of health are outlined in
§137.6 of the Code of Iowa (2001). §137.6(1) states that the local boards shall
"enforce state health laws and the roles and lawful orders of the state department."
§137.6(2) states that local boards shall "make and entbrce such reasonable rules and
regulations not inconsistent with law or with the rules of the state board as may be
necessary Ibr the protection and improvement of the public health." In addition,
I.A.C. §641-77.1 (137) states that local boards of health shall promote and protect the
health of its citizens, and carry out the powers of local boards as specified in § § 137.6
and 137.7.
To determine whether the local board can regulate in this area, we must City Administration
examine the responsibilities of the state department of public health. §135.11(13) 1512 7th Street
Coralville, Iowa 52241-0127
319-351-1266
Fax: 319-351-5915
states that the department of public health shall "establish, publish, and entbrce roles
not inconsistent with law for the enforcement of the provisions of Chapter 125 and
155, and Title IV (Public Health), subtitle 2 (Health Related Activities), excluding
chapters 142B (Smoking Prohibitions), 145B (Dogs for Scientific Research) and 146
(Abortion refusal to perform).
§135.11 specifically excludes Chapter 142B (Smoking Prohibitions) from the
area of law that the Department of Public Health can establish and enforce rules upon.
Combine that with the fact that the local boards of health can enforce the rules of the
state Department of Public Health or pass rules that are not inconsistent with law or
state rules, I believe that the County Board of Health cannot regulate within the realm
of smoking prohibitions. To interpret that power would be inconsistent with state law.
On a related note, the legislature has created the Commission on Tobacco Use
and Prevention to specifically address the reduction of tobacco use by youth and
pregnant women. However, most of its duties consist of education and enforcement of
existing state laws on retailers and manuthcturers ofcigarettes. See Chapter142A.
To summarize, it is the opinion of this office that the Johnson County Health
Department cannot regulate in the area of smoking prohibition as defined in Chapter
142B of the Code of Iowa as such a power vested in the county board of health would
be inconsistent with state law.
As always, I will be pleased to discuss this issue further with you should you
have questions.
Respectfully submitted,
Kevin D. Olson
Assistant City Attorney
cc: Kelly Hay~vorth
Donald L. Diehl
From~ Lapefam@aol.oom
$e~t: Monday. September 03. 2001 ~:26 PM
To: council@iowa-city.org
Subject: parent concern
Dear Council Members:
I have emailed a message to the city manager and I wanted to write to
you also. This past week, August 31, 2001, I went with my daughter to see
the University of Iowa's campus and we did like the campus, school, and the
surrounding area. As we were walking we noticed a gas station with a name
that in slang is a very inappropriate term for any business. The gas station
is called Kum n Go. ~ feel that with such a big university and all the kids
going there, the gas s,tation's name is not a good idea. The kids know the
term used in the gas station's name is very vulgar and my daughter and I
wondered about the influence the university and town have if they allow the
gas station to keep a name like this in their community. The kids walking by
this gas station every day, especially women, really must feel a kind of
assualt on their intellect with such a huge sign in bright lights above their
heads. I think the community can aspire to a much higher level then this gas
station owner is alowing himself. The term being an obvious slang term that
the kids are aware of is not appropriate for any town let alone a university.
I hope you consider talking to the gas station owner and pleading with his
sensibility. I am going to make a call to him, but I am second guessing
sending my daughter to the school. I'm sorry the city council and university
do not have any more influence or sense than what is shown here.
Feelback is appreciated.
Jeannette LaPeruto
2307 Haider Ave.
Naperville, IL 60564
630-904-8172
Lisa Mollenhauer
From: Lisa Mollenhauer
Sent: Tuesday, September 04, 2001 9:01 AM
To: 'lapefam@aoLcom'
Cc: Steve Atkins; Barb Coffey; Dale Helling
Subject: RE: www.icgov.org - Citizen Feedback Submittal Form
Kum & Go is the name of a midwest chain of convenience stores. There are hundreds of stores, with locations in
Arkansas, Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota,
and Wyoming. The corporation has been around since the 1950s.
If you have concerns about the name, we suggest you contact the corporate office at (515) 226-0694. Kum & Go also has
a web site at www.kumandgo.com.
Thank you for visiting the City's web site.
Lisa
Lisa Mollenhauer
Administrative Assistant
to the City Manager
(319) 356-5010
Sent: Friday, August 17, 2001 7:08 AM
To: council@iowa-city.org; steve-atkins@iowa-
Subject: letter to council re: SAO and wetlands
Zowa Wetlands Zn Need
Working to Help Preserve fowa's Wetland Resources
To: City Council of Zowa City
Z am writing to urge you to amend the city's Sensitive Areas Ordinance to include
language that protects and preserves small, isolated wetlands in 3ohnson County. Our many
small, isolated wetlands, once under the jurisdiction of the Army Corps of Engineers, are no
longer protected as a result of the SWAANC court decision. Z and other members of ZWZN (Zowa
Wetlands in Need) would like to support your efforts in this regard.
Our local wetlands are a valuable resource, providing habitat diversity, water filtration,
flood abatement, attractive natural areas, educational resources, and many other benefits. Z
would like to see our remaining local wetlands, large and small, protected during any
development that might occur in those areas. A wetland, once filled, is not easily restored to its
former state. A mitigation wetland, while a replacement, acre for acre, for a filled wetland, will
not duplicate the complex ecosystem of the original. A given wetland is a unique combination of
biodiversity, hydroperiod, hydrology, and ecology that cannot be duplicated in a man-made
substitute.
As a former member of the Riverfront and Natural Areas Commission, Z am familiar with
the Sensitive Areas Ordinance and feel that the document could and should be rewritten to fill
the gap in wetland protection left after SWAANC. Several states in the Midwest have already
passed such legislation.
Thank you for your time. Z would be happy to provide you with information or assistance in this
task.
Sincerely,
Lori Goetsch, Ph.D.
Environmental Geologist, Wetland Scientist
3311 Rochester Avenue
Zowa City, Zowa 52245
338-7438
8/17/0 1
Marjan Karr ~ 09-11-01
3f(4) I
From: Bob RoeIf [roelf@homecom]
Sent: Thursday, August 30, 2001 4:32 PM
To: council@iowa-city.org
Cc: steve_atkins@iowa-city.org
Subject: Zoning for Grocery Store
Dear Members of the Council and Mr. Atkins,
I was dismayed by the comments in the August 30 Press-Citizen by Mr.
Miklo and Mr. Schoon concerning the request for a zoning change to allow
a grocery store to locate in the Scott Six Industrial Park.
All too often business people who wish to build new or add to existing
facilities in Iowa City are met with arrogant personnel and bureaucratic
restrictions as exemplified by the comments of Mr. Miklo and Mr.
Schoon. I know many local business people. Almost without exception, I
hear the frustration they experience in their attempts to work with Iowa
City Government Departments. Is it any wonder that Coralville is eating
our lunch when it comes to business development?
My wife Barbara and I, are long time Iowa City residents - over 40
years. We live east of Scott Boulevard and wish we had easy access to a
grocery store other than the 1st Avenue HyVee. In fact, Barb drives all
the way across town to shop at the West side Fareway store because of
better prices and selection. We would be delighted to see a Fareway on
Scott Boulevard or even in Sycamore Mall. But, we donIt want to see it
located in Pepperwood Plaza where there already is a new grocery store
or by Wal-Mart.
I'm pretty sure the organization making the zoning request is Fareway.
If we give them too much red tape they may tell us what to do with Iowa
City restrictions on zoning and leave us all in the lurch. If that
happens, you will hear from many East side residents
Sincerely,
Bob Roelf
roelf@home.com
September4, 2001
City
Bob RoeIf ~'~ C
403 Elmira St.
Iowa Ci~, IA 52245
Dear Bob:
I read comments you made to the City Council via email concerning the proposed groce~ store in
the Sco~-Six industrial park. I am sor~ but my computer is down and I could not respond by eraall.
I am concerned that you may be a~ributing the comments of Mr. Miklo and Mr. Schoon in too
negative fashion. Please let me explain my concern. The land in question is zoned basically for
industrial purposes. At the time the Sco~-Six industrial pa~ was created, it had extensive Ci~
Council involvement. The CiW Council policy was to encourage industrial and manufacturing tax
base gro~h. This remains the Ci~ CouncWs policy for this land and Mr. Miklo and Mr. Sc~oon were
merely reiterating that policy and its histo~. The zoning plan for this prope~ did not contemplate a
groce~ store.
We are all aware of interest by the Fareway groce~ stores to locate somewhere on the east side.
There are other prope~ owners on the east side that have land already properly zoned to
accommodate a groce~ store. It is our obligation to also represent those development interests, that
is, if a properly is zoned for a groce~ store we are encouraging the use of that land for its specific
intention, in this case a groce~ store. The fact that Fareway groce~ chose Sco~-Six may be for
many reasons which I am not privy to. The land will have to be rezoned. These are circumstances I
am sure Fareway groce~ store interests were aware of at the time they approached the owners of
Sco~-Six. It is their choice to pursue rezoning.
Mr. Schoon and Mr. Miklo are representing the current City Council policy. I am aware there is
interest on the pa~ of some Council membem in a groce~ store on the east side. I would only ask
that you understand that we as Ci~ staff a~empt to publicly represent the City Council's policy as it
relates to prope~y, specifi~lly the zoning. Ci~ Council has the authoriW to change their policy,
thereby rezoning the prope~y. One of the eady steps will be for the Planning and Zoning
Commission to prepare a formal recommendation to the City Council concerning this proposal This
is a citizen body which has a great deal of influence concerning development issues and the Council
will ~refully consider their recommendation.
Thank you for taking the time to write.
Sincerely,
City Manager
mgr/Itr/grocery.doc
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240 1826 * 13t9) 356 5000 · FAX (319) 386 5009
F~om: danberg [danberg@inav.net]
Sent: Friday, August 3'1, 2001 8~22 AM
To: council@iowa-city.org
Subject: Fareway grocery store and smoking ban
Hello. I am writing to urge you to approve the zoning change that would allow a Fareway store in the Scott Six Industrial
Park. I live in northeast Iowa City (in Dee Vanderhoet's district, northeast of the corner of First Avenue and Rochester
Ave). Currently, HyVee has a near monopoly in this area and HyVee's prices and service reflects a lack of competition. I
have heard heartfelt positive reviews from friends of mine who shop at the Fareway on Mormon Trek (one of whom
drives to Mormon Trek from her home in southeast Iowa City.) I would welcome the opportunity to shop at a Fareway
store on the east side of Iowa City, It seems that the zoning change is the only thing that will allow this to happen, as
Fareway does not seem to be interested in the Sycamore Mall or Pepperwood plaza sites.
I also strongly support a smoking ban in Iowa City restaurants. I agree with the points raised by John Stamler in his
Writers Group column titled "Smoking bans can work" (Iowa City Press-Citizen, August 30, page 11A). It would be best
for the health of both smokers and non-smokers to ban smoking in buildings used by the general public.
Mary Anne Berg
2775 Hickory Trail
Iowa City, IA 52245
emaih danberg~jnav.net
phone: 319-358-8883
8/3 1/0 1
Robert G. Berens
Community Affairs Manager
Willjams Energy Services
,,.,o?_,,, Williarns
September 4, 2001
Mayor Ernie Lehman
Civic Center
410 E. Washington Street
Iowa City, IA 52240
Dear Mayor Lehman, City Councilpersons, and City Manager:
On behalf of Willlares Energy Services, I would like to invite you to attend our
first annual United Way Motorcycle Ride Fundraiser. More than 50 Willjams employees
from all over the United States will ride their motorcycles more than 2,000 miles,
approximately 200 miles per day, to raise money and awareness for local United Way
agencies. The riders will be stopping in the Iowa City area at approximately 11:15 a.m.
on Wednesday, September 12. The fundraiser is at our facility located at 912 First
Avenue. There will be a short presentation and lunch will be served. All proceeds will
go to the United Way.
The ride is about average people challenging themselves to make a difference in
the lives of people in need. Teams will leave Houston, Tulsa, and St. Paul, Minn., Sept.
10 and join together in Pekin, II1., where they will continue on to Tulsa. Along the way,
the group will visit communities located near Williams's locations.
Willlares chairman, president and CEO Keith Bailey says, "Our company -
thanks to the efforts of our employees - has become one of the leading United Way
supporters in the country. This motorcycle ride will extend that success to a number of
other communities and regions of the country where Williams's employees live and
work. Not only should the amount of money raised in support of United Way along the
various routs increase, it will enable our employees to become more involved in their
own communities, which is very consistent with the core values of our company".
Williams will match all new contributions dollar for dollar.
Once again, I would like to extend our invitation to you to attend and help us
celebrate our fundraiser on September 12 at 11: 15 a.m. Your presence at the
fundraiser would be greatly appreciated.
Sincerely,
Robert G. Berens
651-407-5937
robert.berens@williams.com
Marian Karr
From: NORALEEB7@aol.com
Sent: Friday, August 24, 2001 7:21 AM
To: council@iowa-city.org
Subject: Lexington Avenue
Lexington Avenue use to be one of the streets people drove through in the
fall to see the changing of the leaves. It was a beautiful street.
This is no longer true. Thanks to the ugly gate that four of you voted to
put on our street.
I invite every member of the council to come stand in my kitchen window and
see what ~ have to look at for several hours every day. That is to the East.
All of our windows to the Nodh show nothing but the gate.
I think since the city has so much money to spend this way, they should put
one in front of the houses where all four members live who voted for this.
It is my understanding that all of this has to be reconsidered in one year.
I want to be sure that I am notified when this is being done.
Yours truly,
Nora Lee Balmer
359 Lexington Avenue
337-3298
8/24/01
Marjan Karr ~ 09-11-01
3f(8) I
From: Daniel Kahn [dkahn@blue.weeg.uiowa.edul
Sent: Thursday, August 30, 2001 9:41 PM
To: council@iowa-city.org
Subject: Lexington Ave: thankyou![
Dear council members:
We recognize that council members usually hear complaints or hear
"demands" from members of our community. If this is the case, we
hope, in a departure from the norm, that you will permit us to
express our gratitude.
Since the city council decided in favor of the seasonal gate which
has now been placed across Lexington Ave. the change has been quite
remarkable. For the first time in our 9 years in which we have lived
on this street we feel safe letting our two little girls out to ride
their bikes, we ourselves and many others can safely walk on our
street and for the first time, we can all do these things that most
in Iowa City take for granted. Gone is the fear that a
car/SUV/motorcycle will suddenly roar up out of the dips at some
unbelievable speed. It is still a bit hard to get used to, this
sense of relative security.
There is absolutely no question that our street is a far safer place
for us and all of our neighbors to live on. And this is because you
made the proper decision, you were bold enough to do what was right,
and we thank you for taking this long overdue action.
Sincerely,
Daniel and Jill Kahn
333 Lexington Ave
337-4080
From: Lubaroff, David [david-lubaroff@uiowa.edu]
Sent: Thursday, August 30, 2001 8:44 AM
To: 'council@iowa-city.org'; 'david_schoon@iowa-city.org'
Subject: city development
Dear Council Members and Chair of the Preferred Developer Selection
Committee:
I am writing to ask that when you consider the choices for the further
development of parcel 64-1A, that you make certain that adequate parking
will be made available for the Iowa City Public Library. The public, when
voting for the expansion of the library, voiced concern over the
availability of parking for library patrons. It will be important to make
certain that the preferred plan for the parcel includes adequate parking.
This will be especially important since occupants of any new building on the
site will utilize parking spaces in the Dubuque St. ramp, thus decreasing
the availability of spaces for library users.
Thank you for your attention to this matter.
David M. Lubaroff
From: Kevin Wolf [wolfui@home.com]
Sent: Wednesday, August 29, 2001 2:09 PM
To: council@iowa-city.org
Please consider instituting a 10pm curfew, downtown, for minors age 17 and under. Thnak you.
8/30/01
August 28, 2001
Iowa City Council Members
To: Iowa City Council Members
Re: Restaurants
Dear Iowa City Council Members,
In a news article in the Gazette the Coralville Mayor made reference to Iowa City and the
proposed smoking ordinance in a statement "we have such a different situation in
Coralville, in that we don't have 'true bars,' where students congregate."
I need to point out to you that this council has put forward such negativity on the
restaurants in Iowa City that even others are commenting about all of us as bars. Do we
really think Coralville does not have similar situations? Five years ago we boasted about
the fine international cuisine we had in downtown Iowa City-today we only call these
same wonderful restaurants bars with bad taste.
Iowa City has mostly owner-operated restaurants while Coralville boasts all the chains.
We need to promote small business and not send it to these chains. We need our council
support. There are very few bars in downtown Iowa City. Most of us are restaurants
who happen to stay open late night for the bar business. I am not certain you realize how
far spread your words go when you talk of all the bars.
I would like you all to come experience a renewed look at our wide range of great places
to eat. I would suggest you start promoting all small business in this community and
keep negativity out of the public spotlight. Please refer to the restaurants as they are, so
we can try to overcome this image the council has put forth in the last years. We do not
want to further erode this issue by now having to claim ourselves as a restaurant or bar
for the possible non-smoking ordinance.
Thank you for this consideration.
Leah Cohen
1638 Teg Dr.
Iowa City, IA 52246
z'l,8~]. 5outhchase CourtFILED
Iowa City, Iowa 5224.5
2001 AUG 30 PM 2:08
CIT~' Ct_ERK
IOWA CITY, IOWA
Augu~ 29,2001
City Council
c[o City Clerk
410 East Washington Street
Iowa City, Iowa 522z~0
Dear City Council:
I just returned to town from a 6 day business trip to 5an Francisco and
learned that I was not appointed to the Parks and Recreation Commission.
While I was disappointed at the outcome, I appreciate you considering my
application.
Best wishes for a good year.
Sincerely, f, ~
~Westefeld~
Marjan Karr ~
From: Bev Soukup-Platz [bevplatz@dotplanet.com]
Sent: Wednesday, August 29, 2001 7:56 PM
To: council@iowa-city.org
Subject: Fast
Dear Sir: I would like to thank you very much for acting on a request I
made over a week ago. It may have seemed trivial, but your actions gave me
the sense it was a priority. I made a request about the upkeep, or lack
thereof of now Scott Blvd. off North Dodge Street. Within hours of the
Radio show ending there wee City workers out in that area mowing and pulling
weeds. I would just like you to know we in this area appreciate the job you
are doing. Also, the City's employees rarely get recognition, but the
appreciation for their work is ever present. Again, thank you.
From: elizabeth cummings [ebettycrooked@hotmail.com]
Sent: Sunday, August 26, 2001 3:33 PM
To: council@iowa-city.org
Subject: Air Show Caused Ceaseless Weekend Noise Pollution in Longfellow
Hello.
If and when another air show comes to Iowa City, what will be done to control the loud and ceaseless noise of
the air traffic that flies over residential areas, such as the Longfellow Neighborhood.'? We live on Summit Street
and were subjected to the noise pollution all weekend long.
Bottom line: Peoplellthat don't attend the air show with good reason should not have to be subjected to it.
Also, if there is a next time for an air show, how can I find out about it7 How far in advance?
Thanks for relaying your thoughts and solutions.
A concerned citizen,
Elizabeth Cummings
921 South Summit Street
ebettycrooked@hotmail.com
From: Lisa Mollenhauer
Sent: Monday, August 27, 2001 9:54 AM
To: 'ebettycrooked@hotmail.com'
Cc: Barb Coffey; Steve Arkins; Dale Helling
Subject: FW: www.icgov.org - Citizen Feedback Submittal Form
Ms. Cummings,
This note is in response to your comments about the recent air show held at the Iowa City Airport. The Iowa City Airport
has agreement with the FAA that it operates as a public airport, which means public fairs and shows are permitted.
The show yesterday Was a state-wide aviation fair with particular emphasis on education. Nearly 10,000 people visited the
airport and enjoyed the festivities and learning experiences. The air show may not have been something you would enjoy
but others express the same noise complaints about Friday Night Concerts, movies off the wall (downtown), and 4th of
July fireworks. However, we hear overwhelming feedback from residents and visitors that the diverse opportunities for
entertainment and education are what make Iowa City a great place to live and visit.
As far as notification, the show was featured on the City's web site under the Welcome tab highlights section, Information
was also sent out as a news release to all who subscribed. If you wish to receive such information directly, please click on
the link and sign up to receive notices. http://www.icgov.org/subscribe.asp. There were also bits on radio, tv, and
newspapers.
Thank you for visiting the City's web site. Please continue to check back for the latest City information.
Lisa
Lisa Mollenhauer
Administrative Assistant
to the City Manager
(319) 356-5010
8/2 7/0 1
From: Matthewlage@aol.com
Sent: Saturday, August 25, 2001 4:11 PM
To: council@iowa-city.org
Subject: Coalition text
Dear Council Member:
On Thursday night at the Northside Neighborhood Association general meeting
the members--over fifty people in attendance--hanunered out a general
resolution opposing Hy-Vee's plans to open a Regal Liquors outlet at the
location of the former Pearson's Drug Store.
The resolution reads:
"A new liquor store in the former Pearson's location is a threat to the
health, well-being, safety, and quality of life of the Iowa City community,
its neighbors, and the University of Iowa. We join the undersigned
organizations in opposing Hy-vee's plans to open a liquor store in this
location."
The NNA is working with the University of Iowa, the Stepping Up Project, a
number of neighborhood organizations and churches in opposing Hy-Vee's plans.
We will have a press conference and will be issuing press releases, with the
names of supporters, in opposing the new liquor store on the Northside.
We are respectfully asking that you, the Council members of the City of iowa
City, to sign on in support of this measure.
We appreciate the fact that there is no legal reason a liquor permit can be
denied and that you may be duty-bound by your office to sign off on the
measure. We hope, however, that you are willing to support our resolution as
individuals.
Respectfully yours,
Matthew Lage
Northside Neighborhood Association
From: Cheryl Hetherington [hetheringtonc@earthlink.net]
Sent: Tuesday, September 04, 2001 5:46 PM
To: gazedit@fyiowa.com; newroom@press-citizen.com; council@iowa-city.org; rpearson@hy-vee.com
Subject: No Liquor store
Greetings,
I am a psychologist with an office in Iowa City at 123 N. Linn, Brewery Square (the opposite comer of the
former Pearson's Drug location). Ten years ago, I chose this neighborhood for my office for it's quaintness,
quiet and low-keyed atmosphere. A liquor store would certainly change all this. Some of my clients are
recovering alcoholics and having a liquor store within view of my office would be most inappropriate for my
business. It could be a problem, and certainly not the sort of image I want for my business. I would consider
moving my office under certain circumstances.
As a local business owner and 19-year resident of the noah side of Iowa City, I urge Hy-Vee to consider a
business more congruent with the surrounding businesses.
Cheryl Hetherington
--- Cheryl Hetherington
--- hetheringtonc@earthlink.net
--- EarthLink: It's your Intemet.
9/4/01
I09-11-01 I
MarianKarr .3f(17)
From: Benton, Daniel [DanieI-Benton@uiowa.edu]
Sent: Friday, August 24, 2001 1:23 PM
To: 'council@iowa-city.org'
Subject: Ideas for Old Capitol Mall
Dear Council members,
I wanted to pass on some ideas (which you
may have already heard) for tenants at the Old
Capitol Mall. Reading a news item about the
possible foreclosure prompts me to send this.
1} University of Iowa could lease space for
conferences/meetings.
2) A Bishop's cafeteria-type restaurant.
3) A bowling alley.
Thanks for listening.
Daniel Benton
504 Manor Drive
iowa City, IA 52246
TEL: 319-358-7917
e-mail: daniel-benton@uiowa.edu
Daniel Benton
Financial Manager, Craniofacial Anomalies Research Center
Contracts Administrator, Department of Pediatrics
149 EMRB
The University of iowa
Iowa City, IA 52242
TEL(319-335-6913
FAX (319)335-6848
LOcation/descr'ption of violation: ~ 5~3 b~20~/1~/~
~Complai~treoeivedby: ~' ~A/,~, .~ ~ ~ ':~
~lnvestigation by: ate:
OOOOOOOOOOOO OOOOOOOOOOOO OOOOOOOOOOOOOOO
INVESTIGATION REPORT (include: violations, locations, pa~icipants, measurements,
COF OtiOR~ etC.)
Prope~y ,.Phone ~o:
Address:
§147.91, GENERAL PROVISIONS, HEALTH.R~r ATED PROFESSIONS
Such pamphlet shall be supplied to any person 2. [C97, §2590; S13, §2589-~
applying for the same. 39, §2529; C46, 50, 54, 58, 62, 66
[C24, 27, 31, 35, 39, §2526; C46, 50, 54, 58, 62, 81, §147.94]
66, 71, 73, 75, 77, 79, 81, §147.91] 3. [S13, §2589-b; C24, 27, 3
90 Acts, ch 1204, §22 C46, 50, 54, 58, 62, 66, 71, 72
§147.94]
4. [C97, §2590; S13, §2589-d
147.92 Attorney general. 39,§2529;C46,50,54,58,62,66,
Upon request of the department the attorney 81, §147.94]
general shall institute in the name ofthe state the 5. [C97, §2586, 2595; C24,
proper proceedings against any person charged by §2529; C46, 50, 54, 58, 62, 66, 71,
the department with violating any provision of §147.94]
this or the following chapters of this subtitle.
[S13, §2600-o7; C24, 27, 31, 35, 39, §2527; C46,
50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §147.92] 147.95 Enforcement--age
94 Acts, ch 1132, §29; 94 Acts, ch 1173~ §8~ 96 ricers.
Acts, ch 1036, §28; 98 Acts, ch 1053, §26 The provisions of this subtitle il
fect the practice of pharmacy sha
the pharmacy examiners and the I
147.93 Primafacieevidence. tions147.87,147.88, and147.89s
The opening of an office or place of business for said profession. Officers, agents,
the practice of any profession for which a license representatives of the board ofph
is required by this subtitle, the announcing to the ers shall have the powers and sta
public in any way the intention to practice any cers when enforcing the provision:
such profession, the use of any professional degree [C97, 52584; S13, §2596-c; SS15
or designation, or of any sign, card, circular, de- 31, 35, 39, §2530; C46, 50, 54, 58, 6
vice, or advertisement, as a practitioner of any 77, 79, 81, §147.95]
such profession, or as a person skilled in the same,
shall be prima facie evidence of engaging in the 147.96 Pharmacy examinex
practice ofsuch profession. In discharging the duties and
[S13, §2575-a28, -a31, 2600-o; C24, 27, 31, 35, pewersprovidedforinsections 14%
39,§2528;C46,50,54,58,62,66,71,73,75,77,79, thepharmacyexaminersandtheir
81, §147.93] be governed by all the provisions
94 Acts, ch 1132, §30; 96 Acts, ch 1036, §29; 98 which govern the department who
Acts, ch 1053, §27 similardutyorexercisinga similar
erence to any of the professions re
subtitle.
147.94 Pharmacists. [C24, 27, 31, 35, 39, §2531; CA6,
The provisions of this chapter relative to the 66, 71, 73, 75, 77, 79~ 81, §147.96]
makingof application for a license, the issuance of
a license, the negotiation of reciprocal agreements
for recegnjtion of foreign licenses, the collection of 147o97 Repealed by 57 Acts, cl
license and renewal fees, and the preservation of
recerdsshallnotapplytothelicensingofpersons 147.98 Secretaryofpharmac
to practice pharmacy, but such licensing shall be The pharmacy examiners shall h~
governed by the following regulations: employ a full-time secretary, who
1. Every application for a license to practice member of the examining board,
pharmacy shall be made direct to the secretary of pensation as may be fixed pursuant
the pharmacy examiners. but the provisions of section 147.2~
2. Such license and all renewals thereof shall a secretary for each examiningboar
be issued by snid examiners. ply to the pharmacy examiners-
3. Every reciprocal agreement for the recegni- [C97 §2585' S 13 52585; C24, 2
§2532;'C46, 50', 54, ~'8, 62, 66, 71, 73,
4. All licens~l e~acted from
persons licensed to practice pharmacy shall be
147.99 Duties of secr~tar~
5. All records in connection with the licensing spentions of alleged violations of
and of chapters 124, 126, and 20.5. ~
C24, 27, 31, 35, 9; ,50, 54, 58, 62, 66, shall be allowed necessary traveling
71, 73, 75, 77, 79, 81, §147.94]
penses in making such inspections.
SUpERST 'OE
WEDNESDAY, August 22, 2001 YOUR CIJ~S~IFIF PHONE: 339-7355 / F~: 339-7342 / E~lb classlfie
604 APARTMENTS 608 CONDOS/ 620 DUPLEXES FOR 628 HOUSES FOR 648 OEFICE 754 HAULING & 812 AUTO
FOR RENT TOWNHOUSES RENT RENT SPACeCOMMERCIAL MOVING DO~IESTIC
EFFICIENCY, short term. FOR RENT Available Aug, 1st. AD~112, 3 DR house, quiet .....
iccl, by downtown park. Avail Aug. 20th] Brand Most spectacular execu- off-streek kS., wd 8rs, w/d, 332 E Washington, 900 : vsd _ 1998. new
DR, 2 bath, 2 car Sara o, lug sq ft avail ~mmed ~ Iondee. bel
$9800. 337
7 lsh 2rid & 3rd floor avail., 2000 sq. a., OuHt in 2~ r, big yard, $1000, call
$ 00- $11CO 530-7445 New luxury 2 BR Condos. live condo in iowa City~ 3 close to ~imek Elements- ~7-$10 sq R 351-8370.
HAVE PETS, or can't fin0 W/D, fpl. vault~ ceilin s,
the e~ect rental? 29 errs/ deck, era e, CotaMen. "Ranch style home with ~;ystone Pro arty Man- message
1 ~RS, $345-595; 49-2 agement. 338-~88. 331-5~8
$775+ ~45-2~66 Iv. mug. hn~shed walkout base- S.E.I.C. shoO/whamhouse CHEVY Mc
BBs, $363 - 1700: 10-3+ meat, 10' ceilin s, h.w. ADt52B, 4 BD House, 2 I 503f$825, 1996, gooO
BRS, $559-1700 Rental Available Aug. 1st. floors, covered ~eck as BA, w/d, 10 minutes ffo~ 43~4859 MOVING? We can help! Phone351-01
Locaters, sm lx fee' 1 mo- Most spectacular execu- well as open deck, an the downtown, Di yard, conE- karge e~los~ trailer and
$49. 2 mo $59, 3 mo ave condo in Iowa City~ 3 "be s and whistles". Gor-
$69 351-2114 ~a senus v~ew o~ pad and e . Toyota Cot
"Ranch style home w~th Located on Redtail Ct. door, 24hr secured access, 337-8693or337-3426. AC, enhancec
behind the Ham ton Inn AD~998, ~ BD House, 2 PAUL HAULS almost any
KNOLLRIDGE GARDEN well as open deck, arl the 4 I
APTS, 2551 Holiday Rd, "bel~s and whistles" Got- 626-2492. $850,O0+ut~l., ca l Key 12~ to 4800 s~ h each, Call 62~2895. ve~ible, 196~
CoraJvfile, close to Coral genus view of ond and
Ridge Mall OakdaLe cam- mature trees ~;500/mo LARGE, QUIET 2 bed- ment 338-6~88 room, floor dra~n, 14' Trash &Yard Waste Re- $ 8~6 319-
pus and Rockwell 2 bed- Located pc Redtall Ct room, off street parking, AUG FREE: 3+DR, 2 BA, door. $550 mo 354-5631 319~284037
Now acceptin applications Muscatine Ave., ~1-2685 sand roc~ & di~, DODGE
forSall~aSS-1~09orwww gust Free. After 7:~ pm -- g, AC,
for details at (9-5 331-1480or35t-95~
35 - 581 or (eve~ AVAILABLE IMMEDI-
Large 2 BEDROOM, Nort~ 626-2492 Remodeled 1 DR, 1 BA, ~} P~?c t j%o?~; RENT 763 $12~, 319-6(
Hishad, $680. 338-0266. HIGHLAND GREEN near busHue, q~iet I.C ~ile 137>2f~c~%~ HOUSEKEEPING new tires, sta
Negotiable 354-1305 626 GARAGES/ open kitchen &' living AD~37B, Room for ~ reliable, experienced. Local econ, $9~
References. 621-11~
New, 1, 2, 3 bedroom cul de sac 2DR, 11/2 bath PARKINU SPACES room. ~7 older house, share kitch- FORD Escor
J en/bath, tenant a s pot 1991.4-cyl,
~U&~: ava,lable November townhouse i a lion of utilities, $~, avail 766 INSTRUCTION
Rohret Rd Lots of foot- air, under 0E
age for the money~ Call 9/1, call Keystone Properly er tradean
City in the Sa~d~ebrook come No bets 354-0478; CARPORT. 4 blocks east Beck for details at 9-5] Management, 336-62~8 FICTIONWR~NG 319-981-4324
housing development 24 338-6487 of downtown and campus ~58 or eve 1d.52C, Room for rent 252Zt a I
hr fitness center, 4000 s 2 spaces aveliable 354- MASTERY YOUR GOAL?
or. 6shing ned ~nces LUXDRY CONDO. un- 3 / only 7 blocks from campus,
shared kit & bath, hshed & anthologized ~EA
cystone Pmp-
· err Management 338- unique seminars, intensive $17,500 351-'
5 rain j4 $950/mo+utds one-on-one. References, FORD Mug
341-7702, 1 k
Nice 2 BR ~n the Nodh Lib- Dyke. ~225 Small 2 BR 13/4 NO PETS~ 337-5~4 CLOSE, west sroe ro~ evaIs, c v L~mited eRrOH-
utlhties pa~d, free parkrag, nenh lngdd Hill, 466-1355. r~, 1st own,
~ excellent cor
BA. U. Hebhts, DW, W/D COUNTRY 2 bedroom $285 3 9-4748 Piano Lessons. New $t0,~. 319-
arty area Very t Spacious 2 DR, 2.5 BA hkups, 1 cer gar, unfin- ranch, 10 miles southeast 3
paid $525. 351-1346. W/D, garage & park~n Music 9 years experience FORD Pro~
Nee, modg~ I BR apt for pad, pets ne., lower ~eve~ M-F 9-5 351-2178 COZY 3 BR house w/car- an, 5 b~ocks to mare cam- Acceptin adults and chil- tomstic, NC
well-suited ?&r 3rd BR ~714, 2 BR w/ige yd, gar- pus. utils paid 354 9162 ~a les, peff~t c
rent to quzeh non-smoking ~ Stove, refrigerator ~ dren. mere Penning
$7~/mo. 354-2695 quiet, c~ean. share bath no Moving Ca
refs, owner on site, close pets. year lease, avml 3ow leave
rn On eastside, $395 + utils 620 DUPLEXES FOR 2 BEDROOM house with 2 Family or professional, 4 $275, no u ils 35~4674. 772 LAWN &
Call 337-3821. DR, ha~ood floors, micro t FORD PRO
car detached garage
NORTH LIBERTY, clean 2 RENT Available Segtember 1 DW, off St parking quiet, OWN BR, 3 locations CARDEN spd., PW, F
. $300-$335, Own bath condition &
BR. stove, frmdge, air No ~1039 3DR Cvle. D~, 354-0581. $375-$395 UhJs d Quic~ HANSEN'SARTI$TIC
OG. 2 BR near law ~51-~404; 351-8603 2 BEDROOM, $625 month 3~-22~1. 4 7
-- A[~ areas of landscaping
school, ~aundry, arbn Deposit NO pets W/D, HAVE PETS r can't find Sublesser Wanted[ V,r d RIot walls, brick patios, FORDTa,
/
d~at¢y 354-2226 $ , 2 mo ~ J mo nag Adam 319-341-39~
K-REM 3544386 49 phances $280 mo¢ ecks J;aned and sealed 319-3
OVER 55 ROUSING ~2105 2 DR, 2RA 2qevel 2 ~EDROOM, 1 bath $69. Rent, ; etatars Free est 319-341-4316,
351-2~ ~4 M-F 6 FORD Taun
house Washer and dryer
400 S Dubuque downtn W/D hkbp. 5If street park Avail ~mmediately at 1149 HOUSE FOR ~t ~:~ ~E ~[~s "The Village" we pay ORGANIC B~CK DIRTS PW. PL, s,
rooms en urnqua set- hl~ did, ravel, fair rices see $950/0~
5670-$790 351-8370. ~ ~ng M-F, 9 5 351-2178 Hotz Ave. $8~. Pets no- to dowm. - Call hns frcm $265-$450 Ca~l 330-100~
~ ~807: 3 ~7~ pliable with extra depos~ 31~-33~7081 FORD TE
Coralvie, c ~ du
From: O'Brien, Colin [colin-obrien@uiowa.edu]
Sent: Wednesday, August 29, 2001 6:55 PM
To: 'council@iowa-city.org'
Subject: RE: Smoking ban, please make it happen
Dear Council Members:
I've been paying close attention to the discussion about the smoking
ordinance being considered by the Iowa City and Coralville city
councils. I enthusiastically support such an ordinance, and would like
to stress that the results of your repective decisions will weigh
heavily on my future voting decisions.
I feel that the proposed ban which would prohibit smoking in
establishments that receive more than 50% of their revenue from food
does not go far enough. A firm statement needs to made on this issue to
ensure the health and well-being of employees and patrons of area eating
and drinking establishments.
Sincerely,
Colin O'Brien
910 Wylde Green Road
Iowa City, IA
Even a Little Secondhand Smoke
Is Dangerous
Stanton A. Glant~ PhD sponse of nonsmokers indistinguishable from that of
habitual smokers.
William W. Parmley, MD
The investigators measured blood pressure, heart rate, and
AS MORE AND MORE NONSMOKERS HAVE COME TO L/N- coronary flow velocity reserve before and after administer-
derstand the dangers associated with breathing sec- ing adenosine triphosphate using transthoracic Doppler ech-
ondhand smoke,ta the number of communities en- ocardiography of the left anterior descending coronary ar-
acting ordinances requiring smoke-flee workplaces tery. This innovative noninvasive approach to measuring
and public places has increased rapidly. As of May 2001, coronary endothelial function appears to be ideal in these c
hundreds of communities had enacted laws requiting smoke- individuals, who have no evidence of coronary disease. Sig-
free workplaces, smoke-free restaurants, and smoke-free bars. ni~cantly, these substantial changes in endothelial func- a
California requires all workplaces, including restaurants and tion were not associated with changes in heart rate or blood 6
bars, to be smoke-free.3'4 The theme for the World Health pressure. e
Organization's World No Tobacco Day in 2001 was 'clean Endothelial dysfunction may be at the heart of the de-
indoor air" and communities throughout the world are be- velopment of atherosclerosis. Normal endothelial cells 5
ginning to dear the air of secondhand smoke. Not only do promote vasodilation and inhibit atherosclerosis and throm- t?
the laws protect nonsmokers from the toxins in second- bosis, in part because of the release of nitric oxide.~ Dys- e
hand smoke, but they also create an environment that helps functional cells, on the other hand, contribute to vasocon- h
smokers cut down or stop smoking.5 striction, atherogenesis, and thrombosis. Risk factors s
The tobacco industry's efforts to slow the spread of smoke- contribute individually to endothelial dysfunction and ap- il
free environments has included a systematic effort to at- pear to be additive. One possible unifying hypothesis for the
tempt to undermine the scientific evidence that passive smok- effects of risk factors is that they increase oxidative stress d
ing causes disease.6's One common theme is that the dose that mediates these effects.~2 Thus, reduction of risk fac-
of toxins a nonsmoker inhales is tiny compared with the dose tors improves endothelial function and reduces clinical C
the smoker receives, implying that the risks are trivial or coronary events. For example, in patients with hyperlipid- ir
nonexistent. Such statements are based on measuring the emia, lipid lowering improves endothelial function both p
delivered dose of 1 or more of the 4000 chemicals in sec- acutelyB and chronically)4 N
ondhand smoke. The problem with such calculations is they The findings of Otsuka et al9 are important not only be- h~
can be manipuhted by selecting the particular constituent cause they illustrate the importance of preventing nonsmok-
of smoke to be the one that has low absorption or rapid dear- ers from any exposure to secondhand smoke, but also be-
ance. ~ The real measure of effect should not be the dose of cause they help to exphin the relatively large risk of death
one chemical or another, but rather the biological effect of and other cardiac events associated with passive smoking
breathing the secondhand smoke. compared with active smoking. Passive smoking increases
The article by Otsuka and colleagues9 in this issue of THE the risk of cardiac death or morbidity about 30%~5'2a com-
JOL/RNAL adds substantially to the case that short-term pas- pared with a doubling to quadrupling of risk associated with
sive smoking adversely affects endothelial function in ways active smoking. Thus, the effect of passive smoking is as high
that immediately compromise the cardiovascular system. x0 as one third the effect of active smoking even though the
The investigators demonstrated that, in healthy young vol- dose of at least some of the constituents is much less than
unteers, just 30 minutes of exposure to secondhand smoke what the smoker inhales. ~
compromised the endothelial function in coronary arteries
of nonsmokers in a way that made the endothelial re- ^uthor ^ffmauea: Dimskin of Cardiology, Oepartment of t, aedicine. Unn. esay
of California, San Francisco.
Comespondlng Auttmr and Reprints: Stanton A. G!antz, PhD. Division of Cardi-
See also p 436. ology, UnivetsRy of Califomia School of Medicine. 505 Parnassus. Room 1317M.
Box O130. San Frandsco, CA 94143-O130 (e-mail: glantz~medicine.ucsf.edu).
4t2 JAMA, JUIy 25. 2001--Vol 286, No. 4
EDITORIAL
The first evidence that nonsmokers were sensitive to a of Health and Human Services, Public Health Service, Centers for Disease Control
and Preven/ton; 1986:196-t98.
component of tobacco smoke came from studies showing 2. Iqational cancer Institute. Health effects of exposure to environmental to-
that sho~t-term (30-minute) exposure to secondband smoke bacco smoke: the report of the California Environraental Protec/ton Agency. $mok-
activated nonsmokers' platelets to nearly the extent tbat they ing and Tobacco Control Monograph No. 10. Bethesda, Md: US Dept of Health
and Human 5~vices, National Cancer institute, National Institute of Health; 1999.
were activated in smokers22'23 and tbat passive smoking in- Publication NiH 99-4645. Available at hPap://rex.nd.nih.gov/NCl_MONOGRApH5
creased the presence of endothelial cell morbidity in the /MONOlO/MlO-Ch.7.pdf. Accessibility redfled June 21, 2001,
3. Giantz SA, Balbach E The Tobacco War: Inside the California Sat~/es. Berke-
blood.~ These immediate effects on platelets probably act ~ey: university of california Press; 2000.
synergistically with the effects on endothelial function. The 4. Magzamen S, Glant~ 5A. The new baffleground: California's experience with
smoke-free ban. Arn J Public Health. 2001 ;91:245-252.
platelet effects convinced epidemiologists that the dose- s. Chapman S, Haddad S, Sindhusake D. Do work-place smoking bans cause smok-
response curve for cardiovascular effects associated with to- ers to smoke 'harder"? results from a naturalistic observational study. Addiction.
bacco smoke exposure was not linear, but exhibited sub- s. Rennie D, Smoke and letters. lAMA. 1993;270:1742-1743.
stantial effects at relatively low doses (at least compared with 7. ong E, Glantz $. Constructing "sound science" and "good epidemiology:" to-
bacco, [awyers, and public relation firms. Am 1 Public Healffi. in press.
~ f an active smoker; the doses are high when measured against s. Bero L, Bemes DE. Hanauer P, et al, Lawyer control of the tobacco industry's
other environmental toxins) that a passive smoker re2 ' external research program: the Brown and Williamson documents. JAVA. 1995;
d ceives.is'z° In addition, animal studies demonstrated that ex- 274:241-247.
c- posure to the secondband smoke from a single dgarette daily 9. Otsuka R, Watanabe H, Hirata K, et al. Acute effects of ~:k3ssive smoking on
the coronary drcuhltion in healthy young adults.."AhlA. 2001 ;286:4~6-441.
1- induced atherosclerotic cbanges.24 The fact that passive smok- ~0. calermajer D, Mares MR, Clarkson P, et al. Passive smoking and impaired
eodothalium~epondent ar~edal dilation in healthy young adults. N Engl J Meal.
r- ing does not induce additional effects in smokers9'n sug- 1996;334:1s0`1:4.
g gests that the underlying biochemical and cellular pro- 11. Hardson D. Cellular and molecular mechanisms of eodothelial dysfunction.
;e cesses saturate at the doses involuntary smokers experience. 2 clfo lavest 1997;1G0:2153-2157.
12. Oskarsson HJ. Halstad DO. Oxidative stress produced by angiotensin too:
" Whilemostpeoplethinkofcancerwhentheythinkofactive implications for hypertension and vascular injury, Circulation. 1997;95:557-
:' and passive smoking, it is important to emphasize tbat heart 5s9.
13, Tamal O,/~ltsuoka H, ~tabe H, et al. Single LDL apheresis improves endo-
,d disease is also an important consequence of tobacco smoke thdium-de~tvasodilation in hypercholesterolemic humans. Cirodlation. 1997;
exposure. This situation is particularly true for passive smok- 95:76-82.
14. Treasure CB, Klein JL, Weintraub WE, et al. Beneficial effects of chetesterol-
~' ing; heart disease accounts for about 37 000 of the estimated lowering therapy on the coronary endothdium in patients with coronary artery
Is 53000 annual deaths attributed to involuntary smoking in disease. N EngliMed. 1995;332:481-487.
15. Wells AI. An estimate Of adult morality from passive smoking. Environ InL
~' theUnitedStates'xsAn°therimP°nantdifferencebetweenthe 1988;14:249-265.
s- effects of smoking on risk of cancer compared with risk of ~ti. WallsAJ. Passivesmokingasacauseofheartdisease,lAmCo/tCardioL 1994:
~' heart disease is that the effects on cancer develop and resolve 24:s~s-s54.
17. Wells AJ. Heart disease from passive smoking in the workplace. J Am Co/t
rs slowly (over a period of years) whereas the effects of smok- caMfo/. 1998;31:1-9.
,3- ing on the cardiovascular system occur rapidly. ls. Glantz 5A. Parmley WW. Passive smoking and hea~c disease: apidemiology,
physiology, and biochemistry. Circulation. 1991 ;83:1-12.
xe The findings of the study by Otsuka et al9 add to the evi- ~9. Glantz 5A, Parmley WW. Passive smoking and heart disease: mechanisms and
SS dence suggesting tbat everyone should be protected from dsk, JAI~A. 1995;273:1047-1053.
20. Law M, Monts J, Wakl N. Environmental tobacco smoke exposure and
C- even short-term exposure to the toxins in secondhand smoke. aemic heart disease: an evaluation of the evidence, BA41, 1997;315:97B-980.
al Communities should continue to require that workphces, 21. HeJ, VupputuriE,~enK, PrerostMn, HughesJ, WhettonPK. P~Lssivesmok-
:1- including restaurants and bars, be smoke-free and mount ingandthedsk°fc°r°naryhear~disea~e:ameta'anahtsis°fePidemi°l°glcstud'
ies, N Engl I t~4ed. 1999;340:920-926.
th public education campaigns to encourage smo~e-free homes. 22. Burghuber O, Punzengruber C, Sinzinger H. Haber P, Silberbauer K. Ratelet
Not only will everyone breathe better,2~ but they will also s~nsmvny to prostac'jdin in ~mokers and non-smokers. Chest 1986;90:34-38.
.e- have healthier hearts. thailure and platclefs. Arch Intem Med. 1989;149386-~89.
k- 24. Penn A, Chen LC, Snyder CA. Inhalation of steady-state sidestream smoke
horn one cigarette promotes atherosdem~c p~q ue developmenL Circulation. 1994;
th I. us Department of Health and Human Services. The Health Consequences of 25. Eisner MD, Smith AK, Blanc PD. Bartenders' r~npiratory health after estab-
3g Involunta~ Smoking: A Report of the Surgeon General, Washington, DC: US Dept lishment of smoke-free ban and taverns. IAI~A. 1998;280:19(39-1914.
Ih 'Z~ /
.- woV Hay
.e HfcV ' Ee" l THIS. J-rs s'UPPO T 'THe'
,ity "7'j c/rz. 6: TH6 COn,tic/L-, To
rdio
:Ty-a/t o gXpet, /rOUs .
From: Jim &Pat Ephgrave [jpephgrave@home.com]
Sent: Monday, August 27, 2001 2:04 PM
To: council@iowa-city.org
Subject: smoking ordinance
Dear Mayor Lehman,
We commend you for your proposal to discuss curtailing the use of
tobacco in restaurants in the Cities of Iowa City and Coralville. Last
week two writers to the Press-Citizen who had resided in California
urged that we follow the lead of their former state and ban smoking in
restaurants and bars. Like them, we spent thirty years in California and
grew to appreciate the clean air and cleaner restaurants after tobacco
was banned. And just as important, the health of restaurant workers was
improved.
Frankly, we wondered how long it would take for Iowa to recognize
the Facts of Life--and Death from tobacco use. So with your action, we
are delighted that we live in Iowa City, and that this community is
willing to face the issue and begin the dialogue with its neighbors
which is necessary to make the restrictions work. Your leadership is much
appreciated.
Sincerely yours,
James and Patricia Ephgrave
From: lutzrun@avalon.net
Sent: Monday, August 27, 2001 11:49 AM
To: council@iowa-city.org
Cc: EFisher@mail.pub[ic-health.uiowa.edu
Subject: Smoke Free Ordinance
Dear Council Members:
As you deliberate the proposed ordinance to restrict smoking in
restaurants, please be aware that Federal Law already prohibits the use of
nicotine by any persons who have not earned a Certified Applicator's
License, and also that nicotine use is prohibited in public. The only
exception to this regulation is a pest repellent formulation containing
0.35% nicotine and clearly labeled NOT for use near any products intended
for use as food.
A 'nicotine smoke generator' is permitted for use only by those individuals
who possess a Certified Applicator's License, and it is only for use in
greenhouses where no food products are grown.
As the active ingredient in a variety of insecticidal formulations,
nicotine is a heavily regulated chemical. This is directly analogous to
cocaine being a heavily regulated chemical. Natural occurrence of a
regulated chemical in a plant (such as nicotine in Nicotiana tabacum or
cocaine in Erythroxylum coca) does not make it acceptable in a product sold
to the public. The original formulation of Coca-Cola contained cocaine;
starting in 1904, the Federal Government now required the Coca-Cola Company
to de-alkaloidize its product before sale to the public. Cocaine is no
longer a permitted ingredient in soft drinks.
Similarly, tobacco companies ought to be required to comply with Federal
Law and remove nicotine from their product before it is sold to the public.
As a highly toxic insecticide that is not permitted for public sale or
use, nicotine should not be a permitted ingredient in over-the-counter
products. Prohibiting smoking in restaurants or any other public places
simply represents compliance with Federal Laws regulating toxic substances.
Both cocaine and nicotine are naturally present in certain kinds of plants;
both are hazardous to human health; both are chemicals regulated by Federal
Law.
Allowing smoking in public is in direct violation of the regulations
governing nicotine use, just as allowing cocaine in a soft drink would be a
violation of the regulations governing cocaine use.
Few people are aware of these facts. People like myself, who study both
entomology and botany, and have taken a course in insecticide toxicology,
have a responsibility to bring these facts to public attention. I hope you
will take these facts into account in your deliberations and decisions.
Thank-you for your attention.
Martha Victoria Rosett Lutz
302 Riohards Street
Iowa City IA 52246
(319) 337-7967
lutzrun@avalon.net
From: Gerscott@aol.com
Sent: Thursday, August 23, 2001 8:43 PM
To: council@iowa-city.org
Subject: Yes for Smoke-free ordinance
Dear City Council,
I am writing to support the smoke-free ordinance for Iowa City, If all
restaurants have the ordinance, no one loses business--the smokers can wait a
while to have their cigarette, and other diners and restaurant employees are
not put at risk. Speaking as a person who has a daughter with an allergy to
smoke, it is not just a matter of preference, but of necessity. California
has found that it has even decreased the amount of smoking in the state,
which would be a good outcome also.
Thanks for your consideration.
Evelyn Scott
5 Westview Acres NE
Iowa City, IA 52240
From: Carol Spaziani [cspaziani@iowacity. net]
Sent: Wednesday, August 22, 2001 11:45 PM
To: council@iowa-city.org
Subject: Fw: Smoking ordinance
Dear members of the City Council,
I would like to add my support for an Iowa City ordinance banning smoking in
restaurants and bars with over 50% of their business in food. Actually I
would like you to go even further and ban smoking in bars with live music,
but I realize you are not even thinking about that!
As a lifelong non-smoker who has now achieved the ripe old age of 70, and
would like to live as long as possible, I do not believe that the public
should be subjected to the proven health hazard of secondhand tobacco smoke
in a captive setting. It is not possible for the non-smoking public to take
advantage of the live music in Iowa City's bars due to the choking smoky
atmosphere. It is extremely difficult to enjoy a meal at a restaurant (even
one with a so-called "separate" non-smoking area) for the same reason. Some
restaurants even force non-smokers to walk through the smoking areas to be
seated in the non-smoking area, and the smoke permeates the latter.
Iowa City is not the first city in the country to take this step--in fact
we are rather backward in this regard, probably due to the large sector of
the economy devoted to bars. It is the role of government to protect the
public health over competing interests, and I hope you will take leadership
and move ahead on this. It would be good if Coralville would follow suit,
but since when have we waited for Coralville to act on anything?
Thanks for your consideration,
Carol Spaziani
806 Westside Dr.
Iowa City, IA 52246
338-6140
cspaziani@iowacity.net
From: Faye1413@aol.com
Sent: Wednesday, August 22, 2001 12:40 PM
To: Marian-Karr@iowa-city.org
Subject: Re: (no subject)
Please consider the nonsmoking policy.
Faye L. Shalla
09-'11-01
Marian Karr ~
From: Weinberger, Miles [miles-weinberger@uiowa.edu]
Sent: Wednesday, August 22, 2001 1:09 PM
To: 'council@iowa-city.org'
Subject: smoking in public places
Letter to Pros CiUzen Letter to Press Citizen
~s~... ~s~... eSafe Protect Gateway (tm) has scanned this mail for viruses,
vandals and
suspicious attachments and has found it to be CLEAN.
File: Letter to Press Citi (5,827 bytes)
Encoding: Quote
Result: Clean.
Dr. Solow's message to you is right on target. This is not an issue for
timidity in leadership. This is simply a matter of the health of the
employees and patrons of the facilities.
FYI I enclose a copy of the commentary published in the PI if you haven't
already seen it:
<<Letter to Press Citizen re smoking.doc>> <<Letter to Press Citizen re
smoking.wpd>>
An Open Letter to Jim Mondanaro, the Other Restaurant Owners of Iowa City &
Coralville, And the City Councils of Iowa City & Coralville
The front page of the Press Citizen on Saturday, July 14 quotes Jim Mondanaro describing
that he has lost business through his previous admirable move to make his restaurants non-
smoking. He argues that a level playing field must be made by govemment in the form of
legislation. Several others communications in the Press Citizen have previously argued that
government should not interfere with free enterprise, that owners of business establishments
should be free to permit or not permit smoking as they wish, and that those bothered by the
smoking can simply choose to avoid establishments that permit smoking.
These are two relevant issues that the public, restaurant owners, and the respective city
governments need to consider. First the economics. Jim Mondanaro may certainly have seen
some declining revenues. But was it from going smoke free or the introduction of several new
restaurants in the area. Whereas my wife and I used to average two meals a week at
Mondanaro's smoke-free restaurants, that has decreased to about once weekly as we try some of
the new restaurants (and than number will decrease further to zero if we must be exposed to
cigarette smoke in order to enjoy his excellent cuisine).
Second, and more importantly is the health issue. For those arguing that regulation of
smoking in restaurants is interfering with the free exemise of rights by the restaurant owners, lets
make it perfectly clear that rights are limited when the exercise of those "rights" harms others.
Restaurant owners already have considerable regulations related to health issues, and smoking in
restaurants is first and foremost a health issue. Is there any data to support that? You betcha
there is!
In 1993, a publication in the Journal of the American Medical Association reported the
results of a study of restaurant employees subjected to involuntary smoking and potential health
effects. They found that levels of environmental tobacco smoke in restaurants and particularly
bars were considerably higher than in office workplaces or homes that permitted smoking.
These levels of exposure were judged to be consistent with a 50% increase in lung cancer risk
(Siegel M. Involuntary smoking in the restaurant workplace. A review of employee exposure
and health effects. JAMA 1993, 270:490-3).
In 1998, another publication in the Journal of the American Medical Association examined
bartenders respiratory health after California legislated that bars and tavems would be smoke-
free. That study included both interviews with bartenders about their respiratory health and
measurement of pulmonary function before and after the smoke-free legislation. They found that
74% of the bartenders interviewed had respiratory symptoms such as cough before the smoke-
free legislation. Of those with such symptoms, 78% had resolution subsequent to being able to
work in a smoke-free environment. These subjective reports were supported by significant
improvement in the average pulmonary function measurements of the bartenders subsequent to
the smoke-free legislation (Eisner et al. Bartenders' respiratory health after establishment of
smoke-free bars and taverns. JAMA 1998;280:1909-14).
If indeed, Jim Mondanaro's economic losses are due to his leadership in establishing a
smoke-free environment for his employees and patrons, then it is the obligation of the city
councils of Iowa City and Coralville to level the playing field. This is simply a matter of public
health. We accept legislation that imposes regulation of restaurants in matters that protect the
public and employees from infectious disease and other health hazards. Exposure to cigarette
smoke for those who smoke and those exposed to those who smoke is the leading preventable
cause of disease today, not just for ltmg cancer, but also as a contributing factor to asthma and
other chronic lung diseases.
The experience in those communities (and states) that have banned smoking in virtually all
public places has been consistently positive. Let's support the efforts of local pioneers like Jim
Mondanaro by giving him the level playing field he's requested and protect the employees and
public from this health hazard.
Miles Weinberger MD
Professor of Pediatrics
Director, Pediatric Allergy & Pulmonary Division
From: Barb Ruth [rbruths@juno.com]
Sent: Saturday, September 01, 2001 11:59 AM
To: council@iowa-city.org
Subject: Smoke-free ordinance
This is to indicate our support of ordinance for smoke-free restaurants.
Additionally, we'd support including smoke-free bars/drinking
establishments.
Thank you for considering this important issue affecting our daily lives.
Barbara and Ronald Ruth
3316 Shamrock Drive
Iowa City, IA 52245
City of Iowa CityJI
MEMORANDUM
DATE: August 30, 2001
TO: City Clerk
FROM: Beth Pfohl, JCCOG Traffic Engineering Planner~I~
RE: Item for September 11,2001 City Council meeting; installation of a NO
PARKING BUS ONLY sign on Capitol Street
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City
Council of the following action.
Action
Pursuant to Section 9-1-3A(19), a sign will be installed on the west side of Capitol Street
between Burlington Street and Washington Street indicating NO PARKING BUS ONLY.
Comment
This action is being taken at the request of Iowa City Transit. An existing NO PARKING
area will be redesignated BUS ONLY so that an Iowa City Transit bus can be parked
there during the day. This will allow Iowa City Transit to make bus switches at the
Downtown Transit Interchange in a more timely manner.
jccogtp/mem/actiong-11-01 .doc
City of Iowa CityI ;;~';i I
MEMORANDUM
DATE: September 5, 2001
TQ: City Clerk
FROM: Beth Pfohl, JCCOG Traffic Engineering Planner ~
RE: Item for September 11, 2001 City Council meeting; installation of NO
PARKING ANYTIME signs on the north and south sides of Rochester
Avenue between Seventh Avenue and Post Road
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City
Council of the following action.
Action
Pursuant to Section 9~1-3A(10), signs will be installed on the north and south sides of
Rochester Avenue between Seventh Avenue and Post Road indicating NO PARKING
ANYTIME.
Comment
The modification of Rochester Avenue from a two-lane road to a three-lane road
necessitates this action.
jccogtp/mem/rochester. doc
Dear Councilor: /' ', I I.
As a resident of Iowa City, I support and encourage your efforts to pass a s~0ng
smoke-flee restaurant ordinance. In so doing, you will protect the health o_f" . ,~ c~ ~
restaurant employees, children and all patrons from exposure to secondhand smoke.
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing -- VOTE YES for clean indoor air! Mail To:
I think it is important for you, my City Councilor, to understand the support you Councilor
have for this ordinance in our community. 410 E. Washington Street
Iowa City, IA 52240
Thank you for your YES vote to protect the health of the citizens in Iowa City.
Sincerely,
City, State Zip
Dear Councilor:
As a resident of Iowa City, I support and encourage your efforts to pass a st ~r6~g ':' ~ ~ '.,
smoke-free restaurant ordinance. In so doing, you will protect the health ofiI ~
restaurant employees, children and all patrons from exposure to secondhand smoke.
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing -- VOTE YES for clean indoor air! Mail To:
Councilor
I think it is important for you, my City Councilor, to understand the support you
have for this ordinance in our community. 410 E. Washington Street
Iowa City, IA 52240
Thank you for your YES vote to protect the health of the citizens in Iowa City.
Sincerely,
Name
~dress
City, State Zip
Dear Councilor: .,.,', v, ~ ,, -,~ ...... ,
As a resident of Iowa City, I support and encourage your efforts to pass a strohg '
smoke-frea restaurant ordinance. In so doing, you will protect the health of
restaurant employees, children and all patrons from exposure to secondhand smol~
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing -- VOTE YES for clean indoor air! Mail To:
I think it is important for you, my City Councilor, to understand the support you 4C;?;i~V~s~
have for this ordinance in our community.
Iowa City, IA 52240
Thank you for your YES vote to protect the health of the citizens in lowa City.
Sincerely,
Address
ity, State Zip
s22~o+'i,E~.:.:!!'.
!
Dear Councilor: .,,,,"' '7 7' ,..
-
As a resident of Iowa City, I support and encourage your efforts to pass a strong
smoke-free restaurant ordinance. In so doing, you will protect the health of
restaurant employees, children and all patrons from exposure to secondhand smoke.
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing --VOTE YES for clean indoor air! Mail To:
have for this ordinance in our community.
Thank you for your YES vote to protect the health of the citizens in Iowa City. Iowa City, IA 52240
Sincerely,
Name
f , / /,,,,,r'¢
Address
City, State Zip
Dear Councilor:
As a resident of Iowa City, I support and encourage your efforts to pass a strong
smoke-free restaurant ordinance. In so doing, you will protect the health of
restaurant employees, children and all patrons from exposure to secondhand smoke.
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing --VOTE YES for clean indoor air! Mail To:
I think it is important for you, my City Councilor, to understand the support you Councilor
have for this ordinance in our community. 410 E. Washington Street
Iowa City, IA 52240
Thank you for your YES vote to protect the health of the citizens in Iowa City.
Sincerely,
Name
Address
7Zid o-4 c / -/y ·
City, State Zip
.~zz~e~.~ ~z~ ~'~ hhhMd.,hhh,llh.,.,llh,h,,hhhh.,lllh.lh.I
I
Dear Councilor:
As a resident of Iowa City, I support and encourage your efforts to pass a strong!,,
smoke-free restaurant ordinance. In so doing, you will protect the health of
restaurant employees, children and all patrons from exposure to secondhand smoke.
We all know the health risks associated with secondhand smoke. Please do the
RIGHT thing --VOTE YES for clean indoor air! Mail To:
I think it is important for you, my City Councilor, to understand the support you Councilor
have for this ordinance in our community. 410 E. Washington Street
Thank you for your YES vote to protect the health of the citizens in Iowa City. Iowa City, IA 52240
S interely,
Name
Address
City, State Zip