HomeMy WebLinkAbout2002-05-21 Public hearing City of Iowa City
MEMORANDUM
Date: April 26, 2002
To: Planning and Zoning Commission
From: Mitchel T. Behr, Assistant City Attorney ~/~"~
Re: Amendment of Sensitive Areas Ordinance regarding wetlands
First Assistant City Attorney Sarah E. Holecek issued a July 9, 2001 memorandum to the
City Council regarding the status of the regulation of wetlands under the Iowa City
Sensitive Areas Ordinance (SAO) after the U.S. Supreme Court decision in Solid Waste
Aqency of Northern Cook County v. U.S. Army Corps of Enqineers (SWANCC). For your
reference, a copy of that memorandum is attached. As indicated by Sarah Holecek, the
SAO currently regulates wetlands in accordance with the rules of the U.S. Army Corps of
Engineers (COE). The practical effect of the SWANCC decision has been less COE
regulation of wetlands. The COE now regulates "jurisdictional" wetlands, which are those
contiguous to a navigable waterway or a tributary of a navigable waterway, but no longer
regulates other, "isolated" wetlands. The COE previously regulated both types of
wetlands. In turn, there is less regulation of wetlands by states, counties and cities, such
as Iowa City, whose wetland ordinances regulate in accordance with the rules of the COE.
The City Council directed staff to prepare an amendment to the SAO to make it apply to
isolated wetlands, as it had before the SWANCC decision. To accomplish this, staff has
prepared the following amendments to the SAO.
1. First, the Definition and Applicability sections of the current SAO would be
amended as follows:
14-6K-1-B. Definitions: The following definitions apply to the interpretation and
enforcement of the Sensitive Areas Ordinance regulations:
WETLAND, WETLAND AREAS: Those areas that are inundated or
saturated by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil condi#ons.
Wetlands generally include swamps, marshes, begs, and similar areas.
;, ,,-~.-a~.-*;,.,. ~ wetlands
~""~ ..... cr ~* ........... Determination of
under the iurisdiction and re,qutafion of the U,S. Army Corps of
£n.qineers shall be made either by the Corps or its successor or by a
wetland specialist and accepted by the Corps or its successor.
Determination of other wetlands shall be made by a wetland
specialist.
14-6K-1-C. Applicability:
3. Sensitive Features:
a. Sensitive features governed by the Sensitive Areas Ordinance
include:
(1) ",-~,~"*~"--~ wWetlands as
.~.r~¥ Ccrpc cf E.".gL".cc:c, cr its successor.
The definition of wetlands as "[t]hose areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to support, and that
Amendment of Sensitive Areas Ordinance Re: Wetlands
April 26, 2002
Page 2
under normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions" is the same definition used by the
COE. It is a widely accepted definition, so wetland specialists, civil engineers,
landscape architects and other professionals involved.in development and site
design are familiar with these standards. The City will not be changing the manner
in which they determine the existence of, and delineate, wetlands.
With amendment of the Definition and Applicability sections as indicated above,
the definition of wetlands will simply no longer limit "wetlands" to only those under
the jurisdiction of and regulated by the COE. The SAO will apply to isolated
wetlands.
2. Second, the Exemptions section of the SAO would be amended as follows:
14-6K-1-D. Exemptions: The foflowing activities are exempt from the requirements
of this Section:
2. Maintenance/Expansion: Normal maintenance/expansion of existing
single-family or duplex residences. Exterior remodeling, reconstruction or
replacement of single-family or duplex residences in existence as of
December 13, 1995, provided the new construction or related activity
connected with an existing single-family or duplex residence shall not
increase the footprint of the structure lying within the sensitive area by
more than a maximum total of one thousand (1,000) square feet, and also
provided there is no encroachment by said activities, including grading,
- ,, .............. more than ~ acre of wetlands_, a designated
sensitive areas conservation tract and/or protected sensitive area.
3. Construction: Construction of new single-family or duplex residences.
Grading, clearing or development activities not to exceed a maximum total
of twenty thousand (20,000) square feet in area on a tract of land for the
purpose of construction, landscaping and/or associated improvements for
one single-family or duplex residence, provided there is no encroachment
by said ....
act~vibes into -, .............. more than % acre of wetlands_, a
designated sensitive areas conservation tract and/or protected sensitive
area.
6. Other Activities: Activities that disturb less than cne ~ acre of a
wetlands, ..... ~-~-'
The SAO exemptions, as they relate to wetlands, were designed to exempt
activities allowed by the COE under what is called a "nationwide permit." The COE
has categorized specified activities into nationwide permits, which allow
disturbance of certain amounts of wetlands by such activities.
The COE's current nationwide permit relating to single family housing activities
applies to, and permits wetland disturbance by, such activities disturbing no more
than ¼ acre of wetlands. Amendment of the SAO exemptions in subsections D-2
and D-3 as indicated above would be consistent with the COE's nationwide permit
relating to and allowing similar activities. Such activities with development activity
disturbing more than ¼ acre of wetlands would be subject to the SAO
requirements.
The COE's current nationwide permit relating to "residential, commercial and
institutional development" activities applies to, and permits wetland disturbance by,
such activities disturbin9 no more than ¼ acre of wetlands. Most of the
Amendment of Sensitive Areas Ordinance Re: Wetlands
April 26, 2002
Page 3
development activity done within Iowa City should fall within this category. Thus,
amendment of the SAO exemption in subsection D-6, which applies to "other
activities," as indicated above, would be consistent with the COE's nationwide
permit relating to and allowing such activities. Such activities with development
activity disturbing more than ~/2 acre of wetlands would be subject to the SAO
requirements.
3. Last of all, simply to remove and clarify references to the COE and wetlands
regulated by the COE, the following amendments to specific regulations regarding
wetlands and fully hydric soils would be necessary:
14-6K-1-G. Wetlands:
3. Wetland Regulations:
a. Wetland Delineation:
(1) Prior to any development activity occurring on a site containing
a potential "wetland" as defined above or as shown on the
Sensitive Areas Inventory Map - Phase I, the property owner shall
provide a delineation of the wetland area(s) ~cc,,"F,!cd ~.~' thc U.S.
· ~ .... '* ..... ~ E,".,¢,",~;$, ~- ~ s,.,'--'~,,"=$o~ prior to the
submittal to the City of a sensitive areas oveday rezoning
application and a sensitive areas development plan, or a sensitive
areas site plan, for City review.
4. Wetland Mitigation: A sensitive areas oveday rezoning/sensitive areas
development plan or sensitive areas site plan for property containing a "wetland",
as defined in the Sensitive Areas Ordinance, shaft include a mitigation plan
showing that aft regulations contained in subsection G3 of this Section, entitled
Wetland Regulations , will be met. Avoiding a delineated wetland area and
minimizing the impact of development on a wetland is strongly encouraged, and
shall be investigated before compensatory mitigation will be considered.
b. Compensatory mitigation may be permitted only if it is clearly demonstrated that
avoiding and minimizing the impact on a wetland is unreasonable. A permit from
the U, S. Army Corps of Engineers is required for any development activity within a
wetland area regulated by the Corps = ,.,~ ...... ,, ..............,, Ccrp= -.
E-ngiReecs or its successor. If a permit is granted for development activity within a
wetland, compensatory mitigation shall be required based on the following criteria,
unless a greeter degree of compensation is required by the Corps or its successor:
14-6K-1-K. Fully Hyddc Soils:
1. Purpose: Fully hydric soils may indicate the potential existence of jur!$d/c!/c.",¢!
wetlands and the probable existence of a high water table. The purpose of
regulating lands that contain fully hydric soils is to recognize the constraints
imposed on urban development projects by potential wetlands and/or high water
tables. That is:
With the above amendments to the SAO, the SAO would apply to isolated wetlands to the
same extent as it had before SWANCC.
It should be noted that despite amendment of the SAO to make it applicable to isolated
wetlands as proposed above, small amounts of isolated wetlands, between 1/10 and Y2 of
an acre, will not be subject to regulation as they may have been before the SWANCC
decision. The COE had the authority to require "compensatory mitigation" when there
was disturbance of between 1/10 and ½ of an acre of wetlands by "residential,
commercial and institutional development" activities. Compensatory mitigation is the
Amendment of Sensitive Areas Ordinance Re: Wetlands
April 26, 2002
Page 4
replacement of disturbed wetlands by the creation and/or enhancement, and
maintenance, of wetlands at another site. It is unclear if and how much compensatory
mitigation for disturbance of isolated wetlands between 1/10 and ½ of an acre has been
required by the COE within Iowa City in the past. Compensatory mitigation is a complex
regulatory process that requires extensive time, work and expense related to the location,
completion and subsequent monitoring of the compensatory mitigation sites. The COE
has significant staff with expedise devoted to the compensatory mitigation regulatory
process. The City of Iowa City has never engaged in regulation by way of compensatory
mitigation.
City of Iowa City
M MORANDUM
Date: July 9, 2001
To: City Council
From: Sarah E. Holecek, First Assistant City Attornc~~//~ _--,-
Re: Sensitive Areas Ordinance: Status of the Regulation of Wetlands under the Iowa City
Zoning Ordinance after U.S. Supreme Court decision in Solid Waste A.qency of Northern Cook
County v. U.S. Army Corps of En.qineers
In January 2001, the United States Supreme Court issued its ruling in Solid Waste Aqency of
Nodhern Cook County v. United States Army Corps of En,qineers, 531 U.S. 159, 121 S.Ct. 675
(2001) [hereinafter, SWANCC]. The issue in this case was the Corps' definition of "navigable
waters" and whether the Clean Water Act (CWA) gave the Corps authority to define "navigable
waters" broadly enough to include intrastate waters used as habitat by migratory birds which cross
state lines. In this case, the question was whether the regulation of an abandoned sand and
gravel pit by the Corps was clearly intended by Congress in the Clean Water Act, and if so,
whether such expansive federal jurisdiction was appropriate under the Commerce Clause of the
Constitution. The Supreme Court held that permitting the Corps to claim federal regulatory
jurisdiction over ponds and mudflats falling within the "Migratory Bird Rule" was not clearly
intended by Congress and would result in a significant impingement of the States' traditional and
primary power over land and water use.
This decision has significance to the City in that the Sensitive Areas Ordinance [SAO] of the
Zoning Code regulates wetlands in accord with the Corps of Engineers' rules. In other words, the
SAC defines "wetlands" in relevant part as follows:
"for the purposes of this Section, "wetland" shall mean a jurisdictional wetland that is
regulated by the U.S. Army Corps of Engineers, or it successor. Determination of
jurisdictional wetlands shall be made by either the Corps or its successor or by a wetland
specialist and accepted by the Corps or its successor."
As a result of the decision curtailing the Corps' definition of "jurisdictional. wetlands", the
applicability of the Sensitive Areas Ordinance to wetlands within Iowa City has also been
narrowed. Three examples of Iowa City wetlands that were previously protected under section
404 of the CWA and the SAC but are being filled or have been filled since the Court's opinion are:
1) the Braverrnan/Kennedy commercial development on Southgate and South Gilbert Street (as
part of the City's trunk sewer project); 2) the Aviation Commercial Park; and 3) the summer 2001
phase of the former Captain Irish (Scott Boulevard) extension project. Each of the above are
public capital improvement projects.
It is clear that the City Council has the authority to pass legislation/local regulations extending
beyond that of the Corps and choose to more closely regulate wetlands within the City. Should
the Council wish to more closely regulate wetlands, the SAC could be amended by striking the
reference to the Corps definition of wetlands and having wetlands determined by City personnel
according to their individual characteristics.
Alternatively, the Council may wish to leave the SAO in its current form and regulate wetlands in
the same manner as the Corps of Engineers after the SWANCC ruling.
If you have any further questions regarding this matter or wish to review a copy of the Court's
decision, please feel free to contact me.
cc: Marian Karr, City Clerk
Steve Atkins, City Manager
Eleanor Dilkes, City Attorney
Doug Boothroy, Director, HiS
Karin Franklin, Director, PCD
Julie Tallman, Development Regulations Specialist, HIS
NOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing will be held
by the City Council of Iowa City, Iowa, at 7:00 p.rn~ on
the 21st day of May, 2002, in the Emma J. Harvat Hall,
Civic Center, 410 E Washington Street, Iowa City, Iowa,
or if said meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk; at
which hearing the Council will consider:
1) Resolution to adopt the update of the Iowa City
Housing Authority Section 8 Administrative Plan to
include the Section 8 Homeownership Program.
Copies of the plans will be on file for public examination
in the office of the City Clerk, Civic Center, Iowa City,
Iowa, by May 8, 2002. Persons wishing to make their
views known for Council consideration are encouraged to
appear at the above-mentioned time and place.
MARIAN K. KARR, CITY CLERK
Bill to: 6512.1
S:\NOTICE OF PUBLIC HEARING.doc
NOTICE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT AND
ESTIMATED COST FOR THE CONSTRUCTION OF
THE HIGHWAY 1 AND SUNSET INTERSECTION
IMPROVEMENT PROJECT, IN THE CITY OF IOWA
CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA CITY,
IOWA, AND TO OTHER INTERESTED PERSONS:
Public notice is hereby given that the City Council of
the City of Iowa City, Iowa, will conduct a public
hearing on plans, specifications, form of contract and
estimated cost for the construction of the Highway 1
and Sunset Intersection Improvement Project, in said
City at 7:00 p.m. on the 21st day of May, 2002, said
meeting to be held in the Emma J. Harvat Hall in the
Civic Center in said City, or if said meeting is
cancelled, at the next meeting of the City Council
thereafter as posted by the City Clerk.
Said plans, specifications, form of contract and
estimated cost are now on file in the office of the City
Clerk in the Civic Center in Iowa City, Iowa, and may
be inspected by any interested persons.
Any interested persons may appear at said meeting
of the City Council for the purpose of making
objections to and comments concerning said plans,
specifications or the cost of making said improvement.
This notice is given by order of the City Council of the
City of Iowa City, Iowa and as provided by law.
MARIAN K. KARR, CITY CLERK
NOTICE OF PUBLIC HEARING ON INTENT TO
PROCEED WITH A PUBLIC IMPROVEMENT
PROJECT, AND TO ACQUIRE PROPERTY
RIGHTS FOR THE MORMON TREK BLVD.
EXTENSION PROJECT IN THE CITY OF IOWA
CITY, IOWA
TO ALL TAXPAYERS OF THE CITY OF IOWA
CITY, IOWA, AND TO OTHER INTERESTED
PERSONS:
Public notice is hereby given that the City Council
of the City of Iowa City, Iowa, will conduct a public
hearing on its intent to proceed with a public
improvement project and to acquire property
rights for the Mormon Trek Blvd. Extension in said
City at 7:00 p.m. on the 21st day of May, 2002,
said meeting to be held in the Emma J. Harvat
Hall in the Civic Center in said City, or if said
meeting is cancelled, at the next meeting of the
City Council thereafter as posted by the City Clerk.
Documentation of the proposed location of said
improvements is now on file in the office of the
City Clerk in the Civic Center in Iowa City, Iowa,
and may be inspected by any interested persons.
Any interested persons may appear at said
meeting of the City Council for the purpose of
making objections to and comments concerning
said intent to proceed with and to acquire property
rights for said public improvement project.
This notice is given by order of the City Council
of the City of Iowa City, Iowa and as provided by
law.
MARIAN K. KARR, CITY CLERK
NOTICE OF INTENT TO ACQUIRE PROPERTY RIGHTS
WHICH MAY BE NEEDED FOR THE
MORMON TREK BOULEVARD EXTENSION PROJECT
TO: Harold John Jr. & Allegra Dane, 4082 Dane Road SE, Iowa City, IA 52240; James
& Ruth Dane, 4507 Dane Road SW, Iowa City, IA 52240; James R. Davis, 4097 Kitty Lee
Road, Iowa City, IA 52246; Robert A. Davis, 4059 Kitty Lee Road SW, Iowa City, IA
52240; Jan Ellen Smith, 690 North Star Court, Boulder, CO 80304; George Dane, 715
Benton Court, Iowa City, IA 52246; Francis & Janet Driscoll, 4120 Dane Road SE, Iowa
City, IA 52240; Tom H. & Karen Williams, 4146 Dane Road SE, Iowa City, IA 52240;
Jebb L.L.C., 3732 Hummingbird Lane, Iowa City, IA 52240
Chapter 6B of the Iowa Code requires a governmental body which proposes to acquire
property rights under power of eminent domain for a public improvement project to give
notice of the project to all agricultural property owners whose properties may be affected and
to hold a public hearing.
1. DESCRIPTION OF THE PROJECT.
NOTICE IS HEREBY GIVEN to the above-identified agricultural property owners that the
City Council of the City of Iowa City will consider funding of the site-specific design for the
Mormon Trek Boulevard Extension Project, making the final selection of the route or site
location, or acquiring or condemning property rights, if necessary, required for the project.
Said project involves the pavement extension of Mormon Trek Boulevard from Highway 1 to
Highway 921.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION.
If' the above-described project is approved by the City Council, the City may need to acquire
property rights for the project improvements. Property rights may include a temporary
construction easement, a permanent easement, and/or a fee simple parcel (complete
ownership). Upon review of the records of the Johnson County Auditor, it appears that
properties or portions of properties owned by the above-identified persons may have to be
acquired for the project by the methods described above. The City will attempt to pumhase
the required property by good faith negotiations. If negotiations are unsuccessful, the City
will condemn those property rights which it determines are necessary for the project. The
proposed location of the above-described public improvement is shown on documentation
which is now on file in the office of the City Clerk and available for public viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO FUND
PROJECT.
The City has provided funding in its budget for this project, as well as funding to acquire any
property rights that may be needed for the project. City staff has analyzed the options for how
to proceed with this project and has coordinated project planning with other appropriate
agencies. The planning has reached the point where preliminary designs now indicate that
certain property rights may need to be acquired. Any public comment will be considered in
preparing the final designs, particularly as private property may be affected.
In making the decision to fund the site-specific design for the public improvement, to make
the final selection of the route or site location, or to acquire or condemn property rights, if
necessary, the City Council is required to hold a public hearing, giving persons interested in
the proposed project the opportunity to present their views regarding the decision to fund the
2
site-specific designs for the project, make the final selection of the route or site location, or to
acquire or condemn, if necessary, property or an interest in property for the project. The
public hearing will be held on the 21st day of May, 2002 in the Emma J. Harvat Hall,
Civic Center, 410 East Washington Street, Iowa City, Iowa, commencing at 7:00 p.m.
or, if cancelled, at the next meeting of the City Council thereafter as posted by the City
Clerk. In order to fund the site-specific design for the public improvement, to make the
final selection of the route or site location, or to commence the acquisition or condemnation
of property rights, if necessary, for the above-described project, City Council will be required
to approve the project and authorize acquisition of private property rights for the project by
Council resolution. The City Council is scheduled to consider adoption of a resolution
authorizing acquisition of property rights for the above-described project following the public
hearing.
When an appraisal is required, if the project is approved by the City Council, an appraiser
will determine the compensation to be paid for easements and/or property acquired in fee
simple. The City will offer no less than the appraised value and will attempt to purchase only
the needed property by good faith negotiations. If the City is unable to acquire properties
needed for the project by negotiation, the City will acquire those property rights by
condemnation.
4. CONTACT PERSON
If you have any questions concerning the Mormon Trek Boulevard Extension Project please
contact the following person: Klm Shera, City of Iowa City, 410 E. Washington Street, Iowa
City, IA 52240, (319) 356-5437
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER TO
PURCHASE PROPERTY RIGHTS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property rights for the project. This Notice does not
constitute an offer to purchase property rights.
Mahan K. Karr, City Clerk
PUBLIC HEAR1NG, MAY 21, 2002 George R. Dane
Mormon Trek Extension
As I think back over the past 3 years to when the discussion on a south side
arterial first began, I realize how much has been done.
We are very appreciative of the work and consideration of the P&Z
Co~nmission and the Council, and we THANK YOU.
My remarks tonight are not focused on the alignment. I want to address
more specifically how the Mormon Trek extension connects with Dane
Road.
We are concerned about t/me and distance, and safety.
If you will look at MAP 1, you will see a black triangular piece near the
middle and bottom of the page with an orange line next to it. This is the
proposed connection for Mormon Trek with Dane Road.
You are aware the north end of Dane Road will be closed when the airport
extends its NE - SW (6 - 24) runway.
This means our access to HWY 1 and Iowa City, instead of following the
blue line for some 3/10ths of a mile, will be to take the roundabout orange
route.
The preponderance of traffic and visitors to our homes and farm comes from
Iowa City. They will have to travel SW on HWY 1, then SE on Mormon
Trek, then back north on the dead end of Dane Road.
ry littl
Ve e comes from the south. ,~,:~ c~
It occurs to me there ought to be a better, more efficient, and direct W~to,_, .-_ ~
connect us with Mormon Trek mid HWY 1. . ~'--
If you will look at MAP 2, there are 2 possibilities. 5-5 .~.
Option A would go directly west from the mail boxes at the end of the John
Dane lane, follow the fence wh/ch is the bonndary line between the John
Dane and Jim Davis properties, and finally curve SW at the appropriate
place to connect with Mormon Trek at a right angle. This route would serve
and give access to both the Davis and Dane tracts.
Option B is a similar alignment, but is not as direct, connects with Dane
Road near the top of a hill, and accesses only the Davis properly.
Both Option A and Option B are shorter than the temporary access the
airport was obligated to build. The need and expense for that temporary
access was eliminated by the accelerated construction of the Mormon Trek
extension.
The governing factors for the options are 3.
First, what will be the final grades for this area after the Mormon Trek
extension is built.
Second is how the adjacent properties are served.
Third is safety.
Iowa winters are known to produce a lot of snow.
The final alignment and grading should be such that the accumulation of
snow will be minimized.
Until the surrounding areas are developed, the Dane homes and farm will be
alone at the end of a dead end road.
Presently, the coun~ does a good job of keeping Dane Road open and the
plows pass by frequently. Whether this same level of service will be
available after the Extension is built, is a ~natter of conjecture.
I can envision someone returning from town at night, getting stuck and
stranded; and it is too far to walk to the farm in a storm.
We know the snow pattern for the present route, and have equipment and
snow fences to cope with the problem.
But to be exposed or have to traverse a greater distance, over terrain we do
not control, would be a hazard.
We are also concerned about the response times for emergency vehicles.
Your attention to these safety factors as you make the final selection will be
appreciated.
2
Our preference is Option A, which comes directly west from the John Dane
lane and would serve both the Dane and Davis properties.
Our traditional traffic pattern and access to our homes and farm is being
taken away. All we ask is that what get back will be as close as possible to
what we are losing.
If you have any questions, please call me: George Dane, 354-3901.
3
May 21, 2002
Remarks Prepared for the Mormon Trek Extension Public Hearing:
You have heard comments on the location of an access read connecting to Dane Road SE to
accommodate the George Dane and John Dane residences. I would like to point out that we have a
perfectly good access now which is heavily traveled and connects to Highway I at a wide, open, and
wall established T intersection. Dane Road SE should remain open to through traffic and not be
forced to close by the Iowe City Airport.
There are two ways in which this could be done. The t'wst way is to maintain the runways in their
present configuration and not allow them to be extended. The Airport runways do accommodate
most General Aviation aircraftin most weather conditions with their existing lengths.
The best way to keep Dane Road open is to close the Iowa City Airportl I submit that it has outlived
its usefulness and should be shut down as soon as possible. It is sad to think about doing this
because the Airport has a long history of benefit to the community. Iowa City was a main stop of the
original Transcontinental Air Mall Route. I remember as a boy seeing the gigantic search light at the
airport waving to and ~o so the overdue pilot could safely land. This gave wayto a main stop fur
United Airlines at the Iowa City Airport, and the big steel hangar and ticket oftk:e was built. It was a
great sight to see the big United Tri-Motor taxi inside the hangar and the passengers disembark
under shelter. The airport was expanded and the runways paved during WWII and Paul Shaw had a
Civilian Pilot Training program using over 20 planes for some time. After the war the new Municipal
Terminal was built with a restaurant upstairs. United gave way to Ozark, and the Airport remained
busy with many veterans learning to fly on the Gl BilL When Ozark decided to fly all jets, Iowa City
lost its commercial airline service, and it never will return.
The Airport then became a General Aviation Airport used by private pilots and business aircraft.
Business was good fur awhile, but has been steadily declining. P&S Air, the Fixed Base Operator in
recent years, could not survive, and left owing the Airport a lot of money. Then came Sept 11, which
has changed all our lives, including General Aviation. We have all seen the increased security at
large airports, and the FAA wants more security at General Airports too. We have already seen one
stolen Cessna crash into a building in Florida, and the Space Agency is very concerned about a
private plane attack on the Space Shuttle. Increasing regulations will be expensive and difficult for
private pilots and airport operators.
It is time fur the Iowa City based private pilots to pack up and take their planes to Cedar Rapids. If
allowed to expand to accomodate the few people and businesses that benefit (~om the Airport, the
costs will continue to rise. If the Airport is allowed to close Bane Road, how long will it be before
they will want to close Riverside Drive? The runway is immediately adjacent to that 4 lane highway.
The City spent thousands of dollars at the request of the Airport to remove part of the North-South
(17-35} runway to open a street fur commercial development of airport related businesses. I do not
see it being used at alL The University likes to have an airport close by, but is worried that a plane
might hit University Hospitals, which is directly in the flight path of Runway 35. The FAA says is will
fund the maintenance on only two of the three exisiting runways, and indeed, !7-35 will be closed if 6-
24 is allowed to be extended. All pilots recognize the proximity of residential developments and
many will not take off over highly congested areas.
It is time to take a long hard look at the Iowa City Airport, before more millions of dollars are spent
in trying to sustain a dying enterprise. When the benefit to the community is exceeded by the cost
to the public, it should be shut down. We need to concentrate and support flying activities at
regional airports and close the ones that are a money drain to smaller communities. Don't talk
about relocating the Airport, close it, and see what kind of opportunities open up!
R~p~ctful~ submitted,
J~hn Dane, 4082 Dane Road SE (remain open)~ Iowo City, IA 52240
PUBLIC HEARING, MAY 21, 2002 George R. Dane
Mormon Trek Extension 715 Benton Court
(5-20-02)
As I think back over the past 3 years to when the discussion on a
south side arterial first began, I realize how much has been done.
We are very appreciative of the work and consideration of the P&Z
Commission and the Council, and we THANK YOU.
My remarks tonight are not focused on the alignment. I want to
address more specifically how the Mormon Trek extension
connects with Dane Road.
We are concerned about time, distance, and safety.
If you will look at MAP 1, you will see a black triangular piece
near the middle and bottom of the page with an orange line next to
it. This is the proposed connection for the extension with Dane
Road.
You are aware the north end of Dane Road will be closed when the
airport extends its NE - SW (6 - 24) runway.
This means our access to HWY 1 and Iowa City, instead of
following the blue line for some 3/10ths of a mile, will be to take
the roundabout orange route.
The majority of traffic and visitors to our homes and the farm
comes from Iowa City. They will have to travel SW on HWY 1,
then SE on Mormon Trek, then back north on the dead end of Dane
Road.
Very little of our traffic comes from the south.
It occurs to me there ought to be a better, more efficient, and direct
way to connect us with the Mormon Trek extension and HWY 1.
If you will look at MAP 2, there are 2 possibilities.
Option A would go directly west from the mail boxes at the end of
the John Dane lane, follow the fence which is the boundary line
between the John Dane and Davis properties, and finally curve SW
at the appropriate place to connect with Mormon Trek at a right
angle. This route would serve and give access to both the Davis
and Dane tracts.
Option B is a similar alignment, but is not as direct. It has 2 right
angle tums, connects with Dane Road at or near the top of a hill,
and accesses only the Davis property.
We are concerned about how much of the hill would be destroyed
in order to obtain safe sight distances at the upper comer of B and
to match its grade with Dane Road.
Both Option A and Option B are shorter than the temporary access
the airport was obligated to build. The need and expense for that
temporary access was eliminated by the accelerated construction of
the Mormon Trek extension.
The governing factors for the options are 3.
First, what will be the final grades for this area after the Mormon
Trek extension is built.
Second is how the adjacent properties are served.
Third is safety.
Iowa winters are known to produce a lot of snow.
The final alignment and grading should be such that the
accumulation of snow will be minimized.
2
Until the surrounding areas are developed, the Dane homes and
farm will be alone at the end of a dead end road.
Presently, the county does a good job of keeping Dane Road open
and the plows pass by frequently. Whether this same level of
service will be available after the Extension is built, is a matter of
conjecture.
I can envision someone returning from town at night, getting stuck
and stranded; and it is too far to walk to the farm in a storm.
We know the snow pattern for the present route, and have
equipment and snow fences to cope with the problem.
To be exposed and have to travel a greater distance than we do
presently, over terrain we do not control, with the possibility of 2
right angle comers, would be hazardous.
We are also concerned about the response times for emergency
vehicles.
Ninety-degree comers slow response times and trap snow.
Your attention to these safety factors as you make the final
selection, will be appreciated.
Our preference is Option A, which comes directly west from the
John Dane lane, would serve both the Dane and Davis properties,
and maybe some others.
It also has the gentlest slopes and is the safest.
Our traditional traffic pattern and access to our homes and farm is
being taken away. All we ask is that what we get back will be as
close as possible to what we are losing.
If you have any questions, please call me: George Dane, 354-
3901.
3
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