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Home My WebLink About1994-02-15 Public hearing Sr]J HERBERT ILEWIS I KR USE I BLUNCK .; .' . . .', January 20, 1994 Karin Franklin Iowa City Planning Office 410 East Washington Iowa City, Iowa 52240 Re: Hieronymi Square Project No, 9324 Dear Ms. Franklin: We understand that the following issues will be reviewed at the February 17, 1994 Planning & Zoning meeting: 1. Ordinance to revise 65' building height to 7:/ in zone CB-5. 2. Ordinance to permit interpretation to allow building columns in 10' front yard setback in zone CB-5. 3. Ordinance to revise FAR 5 to FAR 6 in zone CB-5. . ,:i, We ask that you urge Planning & Zoning Commission to pass and adopt these issues at this meeting to set the public hearing on February 15, 1994 for March 1, 1994 and expedite consideration so that flDaI adoption occurs on March 29, 1994. This schedule is requested because the March 15 City Council Meeting has been moved ahead to March 8 and hearing cannot be set on March 1, 1994 for March 8, 1994, Thank you, " ~.\, .,,' l~-.~ ( 0:,: ',i\~',; '!,' ",'-':. " \ \ \,' cc: Freda Hieronymous Jay Oehler CaI Lewis Dan Tindall AIlCIIITECTUIlE Flomlno OuildlOO, SuilO 202 0.. MOlO~5, 10.0 50309 5152889530 37~ ,,'." ' I "\." , ,,,",,.., .~'," . "," , f'~,'~"\::: ',\,".,.,'ir..,,','."'.\r~',:4.f,t':l..,.r,),,',..'1 ,,'," " ",',' '[J" , ,', r~5"-' , ,..'I. . " . ,"".-.~""I',:I:,':;,:<';'~:-~.::,.,'.I.':.,!.~,:6:::', ,0 i .. ~\?:';~,:~"l,~,:t,~.~.. "A ...~\~~_; i";"':(I.r..::::,i'~: ,'; '+c,'" ",!J~',':" ' ~:P~i~'if>';' ' .,,:~."d.j;'" ,'1," ,I I j ,I '1 'JD" .,i NOTICE OF PUBLIC HEARING ",' ,") i ,1 Notice is hereby given that a public hearing will be held by the City Council of Iowa City / Iowa, at 7:30 p.m, on the 15th day of February, 1994, in the Civic Center Council Chambers, 410 E, Washington Streett Iowa City / Iowa; at which hearing the Council will consider an ordinance amending the Zoning Ordinance by changing the use regulations for a 12,5' acre tract. of land located west of Sycamore Street and south of Burns Avenue from ID.RS to RS,5. Copies of the proposed ordinance are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. 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 ppd,dmln\2.15cc,nph , , ,t I': . 'I : I I I I. I r'lt L. ~ ";'>'..: t, / I ) // ,I ~ . ,.(''''';0 :'! ,':/.,.-- ,....._~ ~="',,".,' , "," ," ," -. ~.. , , ,', ...".,:'\';,:;:',<;.9~,~1I:;i:'F' ';' ._._--,----~ _-:.- ~1 ' ,Lf .':..,'~\,"""'''''''' "~":"'(,' ',,''" ',T':'" " "''''1' " " " ' ,-'5" 0,'.,",', ' ''.I ' , , ' '. " ,: ' ".. " ',' .' ~' '" ,'r , : . ' , .. . , ' :, '."' ;.,'..;l',', ,'~'" I . ~.' . '.'....",-.,.., 'k "..,'.i'i', ~,. . .;,,:,.;..,,~,'" ;,', ".'" " ' . ____.'~::.,~..~~~.......:,i~u...."'.;~...<..:;_'"'r,..G'~'\.:...~.~;;."'".,..,.~"....:~_..._~.~. ORDINANCE NO. . AN ORDINANCE AMENDING THE ZONING ORDINANCE BY CONDITIONAllY CHANGING THE lAND USE REGULATIONS OF APPROXIMATELY 12,5 ACRES OF LAND lOCATED WEST OF SYCAMORE STREET AND SOUTH OF BURNS AVENUE FROM ID.RS TO RS-5, " WHEREAS, the Owner, Helen Jensen and the Applicant, Frantz Construction,' Inc" have requested the City to rezone approximately 12,5 acres of land located west of Sycamore Street and south of Burns Avenue from ID-RS, Interim Development Single-Family Residential, to RS.5, Low-Density Single-Family Residential; and WHEREAS, the subject tract is in an area which the Comprehensive Plan designates for low density single-family development; and WHEREAS, the Planning and Zoning Commission recommended approval of the requested rezoning subject to conditions relating to drainage of the property, neighborhood open space, and pedestrian walkways; and WHEREAS, Iowa law provides that the City of Iowa City may Impose reasonable conditions on granting a rezoning request over and above existing regulations, to satisfy public needs directly caused by the requested chenge; and WHEREAS the conditions proposed by the Planning and Zoning Commission are necessary to ensure proper drainage from the subject property and to ensure the provision of adequata opan space and pedestrian walkways; and WHEREAS, Owner and Applicant have agreed to the terms and conditions contained In the Conditional Zoning Agreement, atteched hereto and made a part hereof by this reference; and WHEREAS, Owner and Applicant acknowledge that the terms and conditions contained In the Conditional Zoning Agreement are reasonable to impose on the land under Iowa Code ~414.5(1993) and satisfy public needs directly caused by the requested zoning chenge. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: SECTION I. APPROVAL. Subject to the terms and conditions of the attached Conditional Zoning Agreement as authorized by Section I , " I . , . (I " t ~--..:. I',;;r:> ~'" 1..''-,,: (~,.." ,1\ --' : ir~ : I ~ .'~ , o , , I ,:,';;<:,'.,:\/,.Q.....<:.:::':;.'~' '. . I ," I, , ' . ".. .-'-< ---~_._..-'-~., -,- '::, ,',_\ 319 \ , I I I I I " ,; I I , '1-'''''',',''',''1'''',', :" ',' 0" ') 5'" \,' ; Ji. "'" ' ," , I," ,I" ~ "I '. '..'" ' , \ ~\::~:'".::~;~~"':'r:~!,~',"' . ,~,:' ,:.:;w:". ! ,: " "",:~.,'; ,,::.~ Ordinance No. Page 2 i "'1 >1 , 414,5, Code of Iowa (1993), the property described below Is hereby reclassified from its present classification of ID-RS, Interim Development Single-Family Residential, to RS- 5, low Density Single-Family Residential: The south half of the following- described property, to be rezqned from ID-RS to RS-5 (the north half exists as RS-5): The north twenty-five (25) acres of the following-described property: the. east % of the southwest ~ and the east five (5) acres of the west ~ of the southwest ~ of Section 23, Township 79 North, Range 6 West of the Fifth Principal Meridian. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon final passage, approval and pUblication of this ordinance as provided by law, .SECTION III, CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign and the City Clerk to attest the Conditional Zoning Agreement between the City of Iowa City, the Owner and the Applicant. The City Clerk Is further authorized and directed to certify a copy of this Ordinance and the Conditional Zoning Agreement for recordation In the Johnson County Recorder's Office upon final passage and publication as provided by law. SECTION IV. REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such . adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE, This Ordinance shall be in effect after Its final passage, approval and publication, as provided by law, Passed and approved this i,:' ,,. , \ ", -'~'- ~"'~ I ~ i I ; hi : I~'. I II J ",~;~,'.'l., ~""-' , ,! 1"2..,,:;'.',' ~\ l;i A.-" l.~; MAYOR ~'1l\ 'if .: -~~> ,.,- I)' . ,'-.,'_."..".,"'"''''"..."""OV-""" i..~:,.,''',;;.:;Qi::, iX"!' ,\.'.' ,." ','\ ,""'" ~~,:" ':'~""I,' ,_"". 'l":"t '".!" ",)/': . , o ~~-~ _A..~ I '1 , - , , I 'I .,;. ".. . ;", I' ' I I I i , I '"' r I I .... " '.i 'j' '5'" " . ... .. """, , "1""":'1","". , '0'." , ',' I:,; t,,' '{,,,',"I,I'I" ... ~ ';", " ' ".,'. I,":'; . ".. Ordinance No. Page 3 " ;'! ,.I I , ATTEST: CITY CLERK ; ,I , " 'I 'j ! "1 ,'; , " I 1 .......' :. 'p , ,I ,I . \ " , ; l;~ " ~ " 3"&'\ ':. ,t ~ 0 ~ ~-~. r' '-', .' 'V, --~'. ,.:",~\:, I;:'; J"'''''''''''' ""'"'1''''''''''''' I' ,.,-.." ,,' . ".,,!', r ,'\'" '"~ ", ' "fJ':~ - ., \ ' ,",. '''. ",' ..00'," ' ,',; 2S ',I, ~~~>'/"'.""I' ,.1:' ...",,,',,.,.,./;" .'" ;'., ,'; ~"" ., ., t' I '" , . ','\ ~ ' , ..~ \\t<~ , .. '~', ., .: '.', ~.';', , '~~, .. , , ,. -",-;.:'~~ ,..' ..... ..;.,:. .-., '~.~.. ~..:_,...., ..:.~:..'.:.. ~,~~~:~-~:." , ," . . " . .. ~.,___"._'._h"'"'''''''-'-''''''''''''.'''''''''"-''' '''-'-'''''~','''''__''~''''''.._...... . _._,_._ CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between Helen Jensen ("Owner"), Frantz Construction, Inc. ("Applicant"), and the City of Iowa City, Iowa, a Municipal Corporation ("City"). WHEREAS, Applicant has contracted to purchase approximately 12.5 acres of land located west of Sycamore Street and south of Bums Avenue in Iowa City, Iowa; and WHEREAS, the Applicant, as Contract Purchaser and the Owner, as legal title holder have requested the City to rezone the subject property from ID-RS, Interim Development Single- Family Residential, to RS-5, Low Density Single-Family Residential; and WHEREAS, Iowa Code 9414.5 (1993) provides that the City of Iowa City may impose reasonable conditions on granting a rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested zoning change; and WHEREAS, the property contains areas of hydric soils requiring proper drainage to allow construction of streets and dwellings with basements, and WHEREAS, the property is located in an area requiring additional neighborhood open space, and ".. . I ' ~." .,..., ~\:,:,"~;r "~.."" .. 'I ' I · ,''''- : jll,'" : I ! ~~ , I ." " C"- 0 ., " '" ...' ". I,'.:L,~', ' ..\...". , .:"1\1.' ' .. ": ~ >,.. ;';.. .( , , ' . ","':,' '," , .' '.,., ,,' . ",'-'L~.~~:.;.:....,:,:,::,..,;."""",,;,;,,:..";;~""l~~'~''',^,,,,,,,,,,,,,,,,,,_-,,,;,:,,,,;:___._ ,.' . .2- a. Owner or Applicant shall provide verification from the Army Corps of Engineers regarding the existence of jurisdictional wetlands on the subject property prior to approval of a final plat for any portion of the property. b. Owner or Applicant shall submit a soils report with the preliminary plat for any portion of the property. The soils report must address any drainage requirements necessary for the construction of public streets and dwellings with basements on the property and the report must be approved by the City Engineer prior to preliminary plat approval. c. At the time of final subdivision plat approval for any portion of the property, Applicant or Owner shall pay a fee sufficient to purchase 3/10 of an acre of land for neighborhood open space and pay the cost of a four (4) foot wide sidewalk adjacent to Sycamore Street. d. The Owner or Applicant shall provide a pedestrian walkway between the western portion of the subject property and ~etherby Park at the time of final plat approval for any portion of the property. 5. Owner and Applicant acknowledge that the conditions contained in this Agreement are reasonable conditions to impose on the land pursuant to Iowa Code ~ 414.5 (1993) and ,that said conditions satisfy public needs directly caused by the requested zoning change. Applicant and Owner further acknowledge that in the event the subject area is transferred, sold, redeveloped, subdivided, or split, all redevelopment shall conform with the terms of this Agreement. The Parties acknowledge this Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City. The Parties further acknowledge that this Agreement shall inure to the benefit of and bind all successors representatives and assigns of the Parties. Owner and Applicant acknowledge that nothing in this Agreement shall be construed to relieve the Owner or Applicant from complying with all applicable local and state regulations. The Parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the Ordinance rezoning the subject property; and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office. Dated this , 1994. day of 3111 .. ~ : J' '~_~"",." "."',',", i ~"'~.,....,'.~' .... '"'. " -~ '_'iL ).... ,-"" ",,'" , ',,", ..','." . \ ~,~O'q",,',;' ' u'. ;...'_ , I I ';", j I'. . " L ".. '. , , , , , I ..' .... ."," . ,; " I , ;"5':1'6 ,',. .....',.'...., ',. . " .:llO::JJ . ~ ~ ('~'''' .\ , -'I , \ , \ \1 \ '1 ~l " I ~' , , , I :: I , I ~'",;' ~ " :iT 1;~~~ \'rl~1 "..~..'\.. ., " 'J " " '" , "ltO .' w,~ '. , '~, .., . ~..I, , .~.." " ".. . . C'.,...,...'...,;.;I".:..:......_.,......,"_____,.. . _..---... .~..-...,..,"-~,~~.,'...~.;.,' ',,"'--' ::",.,. - 3. CITY OF IOWA CITY, IOWA FRANTZ CONSTRUCTION, INC. By Susan M. Horowitz, Mayor William L. Frantz, President & ary ATTEST: f .bH~ Marian K. Karr, City Clerk By Helen Jensen STATE OF IOWA ,) )SS: JOHNSON COUNTY ) On this IIIP day of ~t.h(u",~ ,1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William L. Frantz, to me personally known, who being by me duly sworn did say that he is the President and Secretary of the corporation executing the within and foregoing instrument, that no seal has been procured by the i' corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that William L. Frantz as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by him i,l, vqluntarily executed. II fI MY~mw&.1 e. ?S-7:r ij Notary Public i Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _ day of , 1994, before me, the undersigned, a Notary Public in nd for said County, in said State, personally appeared Susan M. Horowitz and Marian K. Karr, to me personally known, who being be me duly sworn, did say that they are the Mayor and City Clerk, respectively of said municipal corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City council of said municipal corporation; and that the Susan M. Horowitz and Marian K Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa '31~ ,- :- - ) ~d ,(--~:?- -- ,0 .'",," I "It;, '::J ' 'il. ....' - STATE OF IOWA ) )SS: JOHNSON COUNTY ) On this I t/ f , day of U 611 (tU l/ , 19 PI. before me, the undersigned, ' a ~Qtary Public in and for said County, in said State, personally appeared f/tlrLiA . ~, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowled that they executed the same as their voluntary act and deed. I ,'I j , ,~,~ i " \1 i( ppdadmlnVan...1.CZO ,D '"~'\ \ ' \ \ (~. ~ I' I ~:: i I \.t' '~, ',': , "f. o r I , . .- "','" .,",,'; Notary Public in and for the State of Iowa ':,,1" .:., " . 31~ " ~'7?!7:'i;;:"'''''(;'~'''''' "~~~':':'''t. ., ' " f-""'c'" ,'''1':'0.'''1: .w, "J5""" . ,..' ';.'. ,: ~,\<\. ':;>:::':;'!""~":i""'; ':~';:'" "..' ":':"..",:.,\<'.":/':;:'8j:~: t:" " ~~.- "i ," ',' ....~ ,r:- I, r, , ..\ ,-.\ '\ \ ' \ \ ~ : I r i I I ~, I'{'. I , I ;-.~!) -, j " 'I'" , ;'; ':; . ;',':",' ~ I . ,- " .'" , " J "~ , ",..0,\ . .' . '~f ~ Ii .. " , " ,~, '" ,. " .", ...~ ~, . ~ "- . :!"; , ' , ' "'",~._:__'_~M....,_,,,,,~,..........,,,,,,-,,,~.......;;~t-',,,=,,,,,.-.,::..,.-;,,-'-.-, " ., ,','~~"" ,'.",.,...._.__"." CONDITIONAL ZONING AGREEMENT DRAFT Inc. ("Applicant"), and the City of Iowa Cit WHEREAS, Applicant has contrac ~ to purchase approxim ely 12.5 acres of land located west of Sycamore Street and so h of Burns Avenue in 10 City, Iowa; and WHEREAS, the Applicant, as ontract Purchaser and e Owner, as legal title holder have requested the City to rezone th subject property fro ID-RS, Interim Development Single- Family Resi~ential, to RS-5, La Density Single-Fa i1y Residential; and WHEREAS, Iowa Code 9414.5 (1993) provid s that the City of Iowa City may impose reasonable conditions on granting rezoning quest, over and above existing regulations, in order to satisfy public needs directl caused y the requested zoning change; and WHEREAS, the property contains rea of hydric soils requiring proper drainage to allow construction of streets and dwellings . basements, and WHEREAS, the property is located' area requiring additional neighborhood open space, and property will require pedestrian walkways. NOW, THEREFORE, in co ideration of th mutual promises contained herein, the Parties agree as follows: 1. Applicant is con act purchaser and eqUl ble title holder of the property located west of Sycamore S eet and south of Burns A enue legally described as follows: The south h f of the following-described pro erty, to be rezoned from ID-RS to RS-5 (the rth half exists as RS-5): The nort twenty-five (25) acres of the following escribed property: the east % of the s uthwest % and the east five (5) acres of e west % of the southwest % of Sec on 23, Township 79 North, Range 6 West the Fifth Principal Meridian. 2. Ow r is the contract seller and legal title holder of e property. 3. T e Parties acknowledge that the property contains reas of hydric soils requiring oper drainage to allow construction of streets and d IIings with basements. The arties further acknowledge that the development of this p perty will require additional neighborhood open space and pedestrian walkways. 4. In consideration of the City's rezoning the subject property from ID-RS, Interim Development Single-Family Residential, to RS-5, Low Density Single-Family Residential, the Owner and Applicant agree that development and use of the subject property will conform to the requirements of the RS-5 zone as well as the following additional conditions: 3'JQ o " Q ".. . .',.' l) I 1/5, fo, ,t " .." is{" ,'I "' ;1:','-"'" ,," I --: ..~:_', ,'.,' .;'. , .' .", I I " , , ".. . . . . '..:"' -- ".., ,,:,~"._~~~.o-:....:2:":':"~:_~~~~:..i.i;c.t~,;,~~~,';'~'''';'':''-''''-~'~.J,:.:''.~i''~ol.",..,~,;"",,:,,~,,,,,~,,>,,,,,_~_,,,,,___:-,~_ ..".. I' ' I '; '1 - 2- :..;. a. Owner or Applicant shall provide verification from the Army Corps of Engineers regarding the existence of jurisdictional wetlands on the subject property prior to approval of a final plat for any portion of the property. b. Owner or Applicant shall submit a soils report with the preliminary plat for any portion of the property. The soils report must address any drainage requirements necessary for the construction 0 ublic streets and dwellings with basements on the property a d the report ust be approved by the City Engineer prior to preliminary at approval. c. At the time of final subdi\\ sion plat approval for any portion of the property, Applicant or Owner shall pya fee sufficient to purchase 3/10 of an acre of land for neighborhood open sp ce and pay the cost of a four (4) foot wide sidewalk adjacent to Sycamore St~ et. o "". d. The Owner or Applicant sh II provide a pedestrian walkway between the westem portion of the subject pro erty and Wetherby Park at the time of final plat approval for any portion of e property. '~" 5. Owner and Applicant acknowledge t at the conditions contained in this Agreement are reasonable conditions to impose on t e land pursuant to Iowa Code ~ 414.5 (1993) and that said conditions satisfy public n eds directly caused by the requested zoning change. I 6. Applicant and Owner further aCkntl dge that in the event the subject area is transferred, sold, redeveloped, sub Ivide or split, aU redevelopment shaU conform with the terms of this Agreement. 7. (7" L' r:', \, \ '. ~ .~~~ 8. I, , ~, 9. The Parties acknowledge this greement s aU be deemed to be a covenant running with the land and with the titl to the land, a d shall remain in full force and effect as a covenant running with the title to the land lessor until released of record by the City. The Parties further a nowledge that this greement shall inure to the benefit of and bind aU successors r resentatives and ass ns of the Parties. ! Owner and Applicant a knowledge that nothing in his Agreement shall be construed to relieve the Owner r Applicant from complying 'th aU applicable local and state regulations. : I : ~\, i, i I Ii ',I ; ~~ ! The Parties agree hat this Conditional Zoning Agreem nt shall be incorporated by reference into the rdinance rezoning the subject property; nd that upon adoption and publication of the Ordinance, this Agreement shall be recor d in the Johnson County Recorder's Offic . Dated thi's , 1994. 31Lf ~ - ..' ,'"',".'.~. ".--.....'... l,'..:," "1","'"'''' "l~ ' 0' ,~)" I', . /' J . ,'"",.'",:",",__,.,'",: o . "'" ~' . ,', ,:;-\ .1.:1 Iii: ) ! ~ I , ili i il , ! ~, : ~, ! I' :: i I , , cl ,~:~,/ 'y1j' !"a,'~'~,'" "',\~ :::~" ~J~ ~I,' ~~... ' '" ',iti-. , .M........_ <" " 'I';,' . ., ~, .~' j' '. . :~~~\'I' , . ".' " " '" , " , ", . ".'" , '..,'r . , "I . . h""_"'_...,~.."..,'-;.'.:......,'>A:,;.,....,:.:. ..'.,.. :-',.....'''_..'..4~,..... ',__~""_,,,,"'_',-"..,:,,',h",.... - 3. CITY OF IOWA CITY, IOWA FRANTZ CONSTRUCTION, INC. By Susan M. Horowitz, Mayor By William L. Frantz, President & Secretary . ATTEST: HELEN JENSEN: Marian K. Karr, City Clerk By Helen Jensen STATE OF IOWA ) )SS: JOHNSON COUNTY ) ".. . On this _ day of ,19 ,before , the undersigned, a Notary Public in and for the State of Iowa, personally appea ed Willi L. Frantz, to me personally known, W who being by me duly swam did say that he is he Pr ident and Secretary of the corporation ~ executing the within and foregoing instrumen, t at no seal has been procured by the ~" corporation; that said instrument was signed on ehalf of the corporation by authority of its Board of Directors; and that William L. Frantz officer acknowledged the execution of the foregoing instrument to be the voluntary act d deed of the corporation, by it and by him ~ voluntarily executed. ~ STATE OF IOWA JOHNSON COUNTY Notary Public in and for the State of Iowa On this _ day of , 1994, before e, the undersigned, a Notary Public in nd for said Count~, in said State, personally appeared usan M. Horowitz and Marian K. Karr, to me personally own, who being be me duly swam, d say that they are the Mayor and City Clerk, respectiv Iy of said municipal corporation executi g the foregoing instrument; that the seal affixed the to is the seal of said municipal corporatio ; that said instrument was signed and sealed on ehalf of said municipal corporation by auth rity of City council of said municipal corporation; and that the Susan M. Horowitz and Martan Karr acknowledged that execution of said inst ment to be the voluntary act and deed of said nicipal corporation and by them voluntarily executed. Notary Public in a~ for the State of Iowa 31<<4 o o ." .', . I'JS' 10" '" ,~ ~ .i STATE OF IOWA JOHNSON COUNTY ) .)SS: ) " .,..,1 '".,1 "]' " .1 I ,I I On this day of , 19_, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared , to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowl dged that they executed the same as their voluntary act and deed. ppd.dm~Ven'en.C%. ,. J .\ r-"" I \ ~ I' ~ , I ~; i 1,1", " :', I~';' ,~ H, (.' , ~ " JL~_ ~-,' ,~,'._, ,:r ','~.. ",' " " . ; Notary Public in an for the State of Iowa I '- @ ... , ,.' ''; ~'ll.t J.'-'.--'...'....""".....'.......-......."'" :',;...' .'. ,',\..(:::;"Qii-':" \\:r:" \ "," " "".' "."",,:''-,','';', ' '''''' j "::.qi:l.'" ,.;,:,1:;, ',:.' I '-,'i '1'-'''''','' '..."1.:..'."',,". .: "0'" .. ' < : ,," ",',', )5,',:, '., ,:"~. I ."""r::~:.~,;..~,/>,~:,~..<\;.., ~<,:,::"'~I~';':,:; ::"'.:.;~""'i",,,, ' . '~~. ,:/C. : ,~ ' "., ." ,~ ' . 'lo'tJ'o,". , ' .. ,',,\ . " ,;,'".,"'.'.. '. ."",,-~,,.,, , ' -"'-"-...,.,.,................,t.:!.:':..t"'-U....f.', '''M.e~",,,,~<<J,_....llo.t,,''-..o.U:''''''"'''''''''''''''''''.......w.......___ r City of Iowa City' MEMORANDUM ,\ '" I Date: February 10, 1994 , " .,',\ To: City Council ,,: From: Robert Miklo, Associate Planner ., Re: REZ93-0014, Rezoning of property west of Sycamore Street and south of Burns Avenue . "',I At its meeting on January 20, 1994, by a vote of 7-0, the Planning and Zoning Commission recommended approval of the rezoning of the subject property from I D.RS, Interim Development - , Single-Family Residential, to RS-5, Low Density Single-Family Residential, subject to the following conditions: , \ ...; The applicant shall provide verification from the Army Corps of Engineers regarding the jurisdictional status of any wetlands on the site, A satisfactory soils report being submitted with the preliminary plat for the property, The soils report should address any drainage requirements necessary for the construction of public streets and dwellings with basements on the property. c. At the time of final subdivision plat approval, the developer shall pay a fee sufficient to purchase 3/10 of an acre of land for neighborhood open space and for the cost of a 4 foot wide sidewalk adjacent to Sycamore Street. b. A ~ a. . ,'" , .I. ." ,~ \ \ d. A pedestrian walkway will be provided between the western portion of this property and Wetherby Park at the time of final plat approval. rf ! I' These conditions are contained in the Conditional Zoning Agreement. The Commission's recommendation is consistent with the staff recommendation. b1'1OZ93.0014 " II .1 I I~ I I ',I ';1 '.i, , '. , ' ',' ~, it '" I.' ~, " {C 0- . 2..-..,.".:' "r _~ 31q 2j,.,"""'.,.,P,.,',...,',....,',.,."......,",..'...'.l,'"' " '.',: .'<"'.'",';. ;'.,,:>:':>, . ,:.,.,:.. :::', ,', ';{i;,<;/;"";::':'\'~"\'\" "',' "";.""':'t,'" ,:",,; ,~~ "',' 10".." ' 15 '.L,:\<.'..,',:'i." ',"11,',".,::."1'\":<1":':''-', ,/f:<; " .,,":...., " , " ' ',1'0"'( '"h ~'"'~li'"'' /", . ' ,~~\.-:~.".:t .i~ " .- ~';:':""'( ., ,"'., "t ,,,,,,\'1' ' .-'" "'~', J, .,".. .l~' " ....,_,..1. .,..'. , "1, ~ ,'" " <, , , ,.....,. ".' '....' ';'.. ",,;",,~L.,,;;;.'c.;C;::i.,;,,;;;,',;;:.:::i;';&i:i~a~::;t:;2C::iJ.;1::0"",,,0L;;,~;;:jSi:i2.:::.i~6:;;~;,;,ilii:),t:;;;",Gi,:;;0;,1;~,,..:.:,':: ;, .i , , ,:",C .;~ ,~\ \' .~ . , ~.:..(-" ! !, " I i ,h : ~. , I I I \ I . 1 ' ~,:Y !PI ,', ',':'::':i'~;,-';:.~! '.;~-,i;"' ~.'-::.'. '.~"~:;,:;,t",'.j"'.,:,:....:";..,':"';.:.-:".~_..,,.,,,",,;".-..:, . STAFF REPORT To: Planning and Zoning Commission Prepared by: Robert Miklo Item: REZ93-0014.South Sycamore Street Rezoning- Frantz Construction Co. Date: January 6, 1994 GENERAL INFORMATION: Applicant: Frantz Construction Co. 325 Third Avenue Iowa City, IA Phone: 338-7923 Requested action: Rezoning from ID-RS to RS-5. Purpose: To allow a future residential subdivi- sion. Location: West of Sycamore Street, south of Burns Avenue. Size: Approximately 12.5 acres. Existing land use and zoning: Agricultural; ID.RS. Surrounding land use and zoning: North - Residential and agricultural; RS.5. East - Residential; RS-5. South - Agricultural; ID-RS. West - Wetherby Park; P. File date: December 7, 1993. 45-day limitation period: January 21, 1994. BACKGROUND INFORMATION: Frantz Construction Co. has requested that an approximate 12.5 acre property located on the west side of Sycamore Street, south of Burns Avenue, be rezoned from Interim Development- Residential Single-Family (ID-RS) to Low Density Single-Family Residential (RS-5), This property is located in an area served by the Sycamore Trunk Sewer which was recently completed. ANALYSIS: Comprehensive Plan, A recent amendment to the Comprehensive Plan (Resolution No. 91. 221) recommended that the City extend, via a tap-on fee ordinance, a trunk sewer to serve 315 acres in south Iowa City, including the subject property, The Comprehensive Plan was o " '0 ,." (. '1",1;; ,.. -","! '\' .',. . I ~. I I i I I .. t.'i\ . " , :--"\""'-"--' ,..". ."'" -"':~,:, ! ',1'\ m.1f' ' ",,,.,~.' {," .. , ,', .. '" , "':'.;" ...t,'", " '.I-: .t. . ,~, " " .' .:' , , '.', ", . ~' " , .~,.,. " ".. " ~,--,',..';':,>~'." _. '~,_,_' ;;",..:. .:.:..'~""':~;:~ ::~.:.::~:..~\.:~~:::,.;., ";~':""'~1~;4,~~'.-;. L,''.:.'').~';.~l:J~'.~"iU~:~:~i~:;~,::t~':L}~~j:2.'w;,:,;:.;;;j~;;~~~~c::;;;.;;~;'L'~';'>~{; ,:~~,~;. :;.::,':':: " ,', ' . . " '.' ,__._.'"""..~U.., .,'" .~;.~,..._~__~_ 2 also amended to bring this and the surrounding area into Phase I of the Plan's residential development sequence, The Comprehensive Plan indicates that this area should develop for residential uses at 2-8 dwelling units per acre. The proposed RS-5 zoning is in compliance with the Comprehensive Plan as amended, Open Space. The Neighborhood Open Space Assessment indicates that there is an open space deficit of approximately nine acres in this area of the city. The Director of the Parks and Recreation Department has said that Wetherby Park may be extended to the south andlor west to meet the open space demands of the future population in this area. Based on the Neighborhood Open Space Plan, approximately 3/10 of an acre of open space would be required to serve a subdivision on the 12.5 acres proposed for rezoning. As a condition of the rezoning, the applicant should contribute a fee sufficient to purchase 3/10 of an acre of land in the Wetherby Park area. The attached subdivision concept plan was submitted with this rezoning application. The plan shows a cul-de-sac near Wetherby Park in the western portion of the area proposed for rezoning. To help assure that development of this area is integrated within the park, staff recommends that the rezoning be conditioned upon a pedestrian walkway being required in this location at the time of final subdivision plat approval. Svcamore Street is classified as an arterial street and is to be improved in the future to arterial street standards. When this property is subdivided, the developer will be required to dedicate additional right-of-way, so that the western half of the street right-of-way equals 40 feet. The developer will also be required to pay the cost of installing a four foot wide sidewalk along the site frontage. r I:' ( ,.. '2~ \ \ Soil Survev. The soil survey of Johnson County shows a pocket of hydric soils located near the center of the site in a low-lying area. Because this area has been farmed an~ the area of hydric soils is an isolated pocket not attached to a large area of hydric soils or a known wetland, it does not appear that this property contains jurisdictional wetlands. However, the applicant should provide verification from the Army Corps of Engineers that the property does not contain jurisdictional wetlands, ,.;01;< i;':;;'; ',- ( I " Regardless of the lack of wetlands, the presence of hydric soils on the property could pose problems for construction of streets and houses with basements, The applicants should provide evidence that the soils in this area will not hinder the construction of public streets or the construction of residences with basements. In lieu of such a report, a condition could be placed on the rezoning requiring soil conditions be addressed with the grading plan to be submitted with a preliminary plat for this property. I k, I", I II 0'" ') STAFF RECOMMENDATION: Staff recommends that the request by Frantz Construction Co. to rezone the subject parcel from ID-RS to RS-5 be approved subject to the following conditions: . The applicant shall provide verification from the Army Corps of Engineers regarding the jurisdictional status of any wetlands on this site. , , I,,~ 'F' " H 1',';- \\'r,;, o 3'l~ . ,. 'i T' /5, , , ~\ , "',,.:,q,, ' IfJ . A satisfactory soils report being submitted prior to Council action on the rezoning, or a condition requiring that such a report be submitted with the preliminary plat for this property. This soils report should address any drainage requirements necessary for the construction of public streets and dwellings with basements on this property, Approved by: ~~ Monica Moen, Senior Planner Department of Planning and Community Development . At the time of final subdivision plat approval, the developer should pay fees sufficient to purchase 3/10 of an acre of land for neighborhood open space and for the cost of a 4' wide sidewalk adjacent to Sycamore St. . A pedestrian walkway being provided between the western portion of this property and , Wetherby Park at the time of final plat approval, ATTACHMENTS: 1. Location Map. 2. Subdivision Concept Plan. ppdadminlstfrepI93.0006.rm "I,' () . .~ "'," ',"'. J ' I I I I I I I , , 31LJ , "I.., " o . ( i ",'11'''' <." . \ "','i;." .\ :'. ... -~~~r,::I(\'':I::~'\{:\ J.!r..:I/'~'J",h'r.~',-":'~(r ~ .CI:-(l-:iTjl}n:;:'~~:'/:: ': , ' 25"""', . ., :" . . ,,'. ' , ", '," ''',,', 1 'l ,.' ':1:' \1'0'""."'":' " ,: .' i ..... :,' .", """,.','.1 'r!','" \ ,~,~:{j.~~f"..' , .~.. - " . ~, .. ~'i ....:; , , " .....--, [ft\: \ \ ~ (i"l ~ , \ '"I ',"",' . :', ,"',:'.," '.:'~:~:2~,~~~~1::::L")~ ~:_.L.~:.."~~i~~~:~,,:":'~'": ,:" : .- .'~ ". " " ,... . , " . ',~:.L;.~':.1::..~~'~;';;:';"~~~~.llJ.~:u"....,"~;iJw''''';''''':.''''':''';_''"''',-.a,"'..,....J...._~....~..._.. .......___,~,~.,.a .~.._-'-,.~..,. " Location Map' REZ93-0014 " i IDRS to RS-5 01'OTTl I I I j I J , II t I I I I I I I I L::.t1 I /10 'Nil I II 11111111-' J ~~ RM44 U,S. HIGHWAY No 6 I o.~ ~-L filiI I I II"~ p- HOLLYWOOD BOULEVARD 1 - ""i.1>~ '/) \, J~ /rv ' I t= I I I I I ... c:. Eft ' , "~ 1 - TRACY LANE 1--- i):( Tn III f- =~ 1-........ , / P/~MI- I \I ~ f-t=' , R 1 - R LA ./ - - II I - .. , \ - , =rlR5 - I- '" 1..1.(\ i f- - 10~ tv If ~ "'i , - - " ~ -.,JlY,"~ A cu.. .- ~EEtt8u FL ::: ../ '7\ :- .,.. >- f- - -- I-- " '"- IlL - - - \ \ , AvENUE - - ".. OAlvE G\.EASOH ..; SUlOOSKY AvE E -1// - I I \ '"- .:::::- :- -- - j~/ "\ AVE NU E :- - - ....... '1-_ I-- - - _d I-- I - I-.J - I-- I-- I- 1< . . ~ -... _u ~ All. DO'" ~ - 'B' NS - C 0,,\'11 \'\ I-- ' " ENUE - 3 o."T.fu I r I I-- IIII I - fTI I' II I I 11111 1-: WETHER8Y RS5 G.~, ~ P WOOD - SCHOOL . PARK :- '"-' - A - - - - - - . - - ID-RS " ~ I'\. ~ III W ~ I :! c u t- III / \ / / ". -...... iI_IIlIll....... ..,.~ , o :0'.'...,. " ' " ""'~ ,; ,',...., ~I'.'.," ': ~ "':"', " , , '. . 1 ".. . , , ,,~,' 'I ..1 ", '\ . , ' "', " , , 11: :" pI . I 31'1q , ,.,,;. J," ',\;.~~~.__" .'il,' ~'",I) l::' .~~. ?'s'vl[j, _~,_ ~_~_____,_t__~~:.:.:~:~~'~__:~'~,:' ,. , '.. ,~;", . -: :';':':':~:' ....,~: :."..' '",,(" f.. ~:,;...::,:: -'"-,' '.',.' '.. I I ....... "'\ " '] "'-" . . , " " ~I : Ii I I J II I I b 'I', , 'I i \ I, ' , \:.1."./ ,;;-..-, "(' :i' /': ~"I"j;;;1 ~ ~~t.;, ", \:',:",,: ...~ ~\.. .( , ,"; " ., "". ,'."",--, I, ' ~__._~,;;",~"~~..L~;,.,~",,,.,.,:.-,C;""~,-" ",,"'"'''' ;,..- \ 'FILED 93DEC-' PH 4113 IOWZ~I~?~I~~A i> \~J ' L : ,j r--: o I 1._' t I ~ --~')<.. @ I ~II : ~ -, ~/ I ~ I @ I I. @ I L____ ' __J I , \ ___ J ' ..1-...- .u-t-.~. _ ...- - --- ... I') , I I N I ... I I I') I ... , , V I ... I I iO ... I .' .','- "I ' , ,i ,.' \'. .,.. ".. ......:....>----;-.- N to .a._....."" .... \ \ , ... ' u__~.._ , "--"'--' '''-''1' _ -...--...-- I- - - ... - - - I' _...__...__ -"'-r"'- ,--..,- I I I I I I I I I I I I ~ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I "'--1 I I I I , I I I I I I N to ... to '0 to 01 iO 00 iO " iO ... iO I I I , , l I, \ I, ""icYb-" l ......' <>"\ -.. .......... 1~, ........ V~,?...._... '((..y11 \ \ o 31 .....,-',.:"'-.i. "',' ! : :/. " ~~ " , : ;1 ' " ~~...~ I'D',:. :.,,:. """. ;",'. ',". , ";. ",~.. .-: ': : .:" "~t:\;I' , . 'I ..'.. '. ." I I'. '.,'",.' 'j,,, : '. ~ ~ i I I I ".', _"_~.~~'''''-''-.'''''''~''''U~'''''''''''-'<l':''''''r~'......--,-"-.~",,,,.~w'___.~__~~:'''......;..__,..-'-..-'- .:':"':_:..-.._:....:,,-~ .:'f NOTICE OF PUBLIC HEARING "I' Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 6:30 p.m. on the 1st day of February, 1994, in the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following items: 1. An ordinance amending the Zoning Ordinance by amending the PDH (Planned Development Housingl plan for Walnut Ridge, Parts 5 through 9, an 85.32 acre, 56 lot residential subdivision located north of Melrose Avenue on Kennedy Parkway extended. @j A resolution approving the voluntary annexation of an approximate 422 acre tract of land, known as Sycamore Farms, and located sputh of Highway 6 and the southern corporate limits. 3, An ordinance amending the Zoning Ordinance by conditionaliy changing the use regulations of an approximate 422 acre tract of land located south of Highway 6 and the southern corporate limits from County RS, Suburban Residential, to RS.8, Medium Density Single-Family Residential (62 acres); RM-12, Low Density Multi- Family Residential (10 acres); RM.20, Medium Density Multi-family Residential (15 acres); RFBH, Factory Built Housing Residential (84 acres); RR-', Rural Residential (191 acres) and ID-RM, Interim Development Multi-Family Residential 159 , acresl. 4. An ordinance amending Zoning Ordinance Sections 36-58, Off-Street Parking Requirements; 36-60, Sign Regulations, and 36-9, RFBH, Factory Built Housing Residential Zone, to allow certain commercial uses as provisional uses in the RFBH zone, and to replace the incorrect references to the RMH zone with RFBH. Copies of the proposed ordinances and resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. 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 i ,...0- \ \ ~ /~,:'i I', , l i ~ l " " ppdadmjn\2.1cc~,nph ~,:,', ~ 1 o I 1'" ftJ,-/;6jq ~' (]) j 31$' 'S';lor I .,.." ',',' , ...'.,-.'.":..;...,:._'.',~~,A.~"... ,i I ,I 'I 1 )~. NOTICE OF PUBLIC HEARING ? Notice is hereby given that a public heering will be held by the City Council of Iowa City, Iowa, at 6:30 p.m, on the 1st day of February, 1994, in the Civic Cerlter Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following item: A resolution approving the voluntary annexation of an approximate 422 acre tract of land, known as Sycamore Farms, and located south of Highway 6 and the southern corporate limits, A copy of the proposed resolution Is on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. 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 /1J ~~/I S(q~ " r i,f. ,,' ppdadmln\2.1ccl,nph ,I: ;,;, . .' ~ , :1' I' .r ....-.-.0. \ '\ ,;t , .' ~'.:...~ I ( I i / , II~: II vi , .: .' :; ': ~ f. ~ !' o }' , ,,,;, I ../. ,,,',,. /,:!,:", 0"'" ...,.,',/',....','. ' '.".;.'.:~: :'t: ;~> ":'ii" '!y,'. ~;:'! ~'5~:'lfJ . 'r' --I "',...,.,.,:1:'".:".:,,1;/,;: +~~\'V;{{:;:":';>:I "'., ':"j ~X\ NOTICE OF PUBLIC HEARING ' , "j -',:1 , ,1 I i I "./ I ~ ,; Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 6:30 p.m. on the 1st day of February, 1994, in the Civic Center Council Chambers, Iowa City, Iowa; at which hearing the Council will consider the following items: 1, An ordinance amending the Zoning Ordinance by amending the PDH (Planned Development Housing) plan for Walnut Ridge, Parts 5 through 9, an 85.32 acre, 56 lot residential subdivision located north of Melrose Avenue on Kennedy Parkway extended. 2. A resolution approving the voluntary annexation of an approximate 422 acre tract of land, known as Sycamore Farms, and located south of Highway 6 and the southern corporate limits, @ An ordinance amending the Zoning Ordinance by conditionally changing the use regulations of an approximate 422 acre tract of land located south of Highway 6 and the southern corporate limits from County RS, Suburban Residential, to RS-8, Medium Density Single-Family Residential (62 acres); RM-12, Low Density Multi- Family Residential (10 acres); RM-20, Medium Density Multi-family Residential (15 acres); RFBH, Factory Built Housing Residential (84 acres); RR-1, Rural Residential (191 acres) and ID,RM, Interim Development Multi-Family Residential (59 acres), 4. An ordinance amending Zoning Ordinance Sections 36-5B, Off-Street Parking Requirements; 36-60, Sign Regulations, and 36-9, RFBH, Factory Built Housing Residential Zone, to allow certain commercial uses as provisional uses in the RFBH zone, and to replace the incorrect references to the RMH zone with RFBH. Copies of the proposed ordinances and resolution are on file for public examination in the office of the City Clerk, Civic Center, Iowa City, Iowa. 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 ;r.\ I I : I , I ok, I I'('~ : I Ii, ~~ !; :," t ppd.dmlnI2.1cc',nph , \C':~__~=~ , ': '.'). , ' ]'....'.-.'" .. .- "..:' ,:', ." .;':~,,<.>:~ ".,.',::;",.0,;:,,':':,;,' ,,\:,t ' 'I ",\', .), :^,",:.':,,' ; .~-.., ,.',),.' , [,'" ,,'" " ',' ,~~ ;'\" ',' , .~.." ',' "'. . " ' , ,.'" ,', fa ;)./15IQ4 ~ ... ,'. " 315 """'. ~.\'.r.',,\,l''-:':; ". \. '"T:':d'fO-',')':." 'iJ'Y U ;'"i "':""; '~,"'-"'" , """""",.,.,'" .,' ,'...' , ,.1-:' ,rga: i , , "'" I'~-' .k c:'\ \1 , , .. ::t~ , I I r i i , ! , I "'. I\{'. :~' )" ~' ~" ~~/,":,i' i';, , ' \; , IjO , ",J, --.~, , , ,.,,"J::"1 . " , "\~' ' , ~'\\ ":, , . "', " . .~. " , ". ,".." .' , , , , '.~,;. , ,', . ".. . . -'-" ,". ,;,:..-;.:._ .~;.. ,_-: .H""C.~;:'~: ,:..;~l:';,,:~:c'i!.'~.~ f<:,~ :;..;..,:.. ~....,.w~. ..~.~~... ,: -. o _'_' _...:. ._.~~....~, ",.,."'~....., ..,;~',..:..-...-.-...~:.;,~ ~'_;1':'" ~''-,~:':,' :': .:.-' "." : 'L\~':,', ,:,.",. .o"..~~.~.':,' .."..., '-'.,......~... ,~'"... ._._'.~_..._._ THE UNIVERSITY OF IOWA February 4; 1994 Larry Baker Susan Horowitz Karen Kubby Ernie Lehman Naomi Novick Bruno Pigott Jim Throgmorton Dear City Council: The next public hearing regarding Sycamore Farms is scheduled for February 15, I am already committed to another public event'that evening (JCWET) so I wish to offer 3 comments in advance regarding Sycamore Farms and adjoining properties. 1. In a circumstance which usually pits ,development against the environment, the Sycamore Farms case is evolving into a win-win situation, As final decisions are made, please remember that both "sides" must come out of the process as winners, if the past 14 months learning curve is going to be applicable to future,dev~lopment, 2, There has been interest expressed by some City staff to place a bypass between Interstate 218 and Scott Boulevard, through the Sycamore Farms Development. Such a bypass would disrupt the functioning and aesthetics of the bottomland ecosystem and this option has already been discarded, It will equally disrupt functions and aesthetics in the new neighborhoods on the upper terrace and should also be rejected there for the same reasons. Road layout should contribute positively to neighborhood functioning and not just maximize automotive convenience. The same careful planning that went into ecosystem function should go into planing neighborhood function, This is especially true for future neighborhoods with affordable housing, with its greater proportion of children. For example, it would be an incredible waste to have the wetland available for neighborhood children, but the only safe way to get them there to be by automobile. Old neighborhoods used to have alley systems, originally used for delivery of coal and wood, bringing the horses around to the carriage house, and similar utilitarian functions. I would like to resurrect an alley system concept running between backyards, used as part of a trail system in new developments, With careful layout, children could get around in their immediate neighborhood without having to cross busy streets, ',This alley system might also serve as an easement along which to bury utility pipelines and cables, so they could be repaired without having to dig up the streets. Deparunent of Geology 121 Trowbridge Hall Iowa Clly,lowa 52242.1379 319/335.1818 FAX 319/335.1621 37S o "",. " '\ ?5' fd. '. .,' "'"' .'...', , . 3. At last week's public hearing, Sandy Rhodes observed that uncontrolled drainage from off-site farmed land to the northwest enters the Sycamore Farms bottomland. I wish to remind Council that in 1992 I conducted a study of this area, which is summarized in a report titled, "Sycamore Street Trunk Sewer Wetland Study". In this report I recommended a "linear park" for this area, as development proceeds, which would consist of a chain of created and restored wetlands along the main drainageway, which would also harbor a trail system. Collectively, this park would provide treatment of urban runoff 'draining into the Sycamore Farms bottomland and would also offer habitat and recreation opportunities which could tie into those of Sycamore Farms. Recommendations are also offered for dividing up costs/responsibilities amongst multiple owners plus other details of implementation and creating more livab~e neighborhoods, However, none of these approaches have been utilized in the April 1993 study by MMS Consultants titled "Preliminary Design Report For The South Sycamore Stormwater Basin... ". Therefore, I request that you give the MMS report serious scrutiny in light of my recommendations, as well as the fine precedent which is being set now by development of Sycamore Farms with the opportunity to expand more habitable neighborhoods into adjacent future development. 't.:'. " I . I I i .C!\. " v. Sincerely, ~~ Lon D, Drake Professor of Geology r 1! ,~ , : I ' if: ( d " ' iil ':, 1\ \, ~ . ,..i ':. ~" o , I , . " ..':, : ~"",', , '\! :,' ,,::'.';::.,..i~.~;:{,'.::,'\~/.i::',:';,:,:,A:',~y,:~',:,::, ...~,~~"".-;,'",' ':::':"~' ,'.', :.'", .:1 \;\:: ,', ,',1 ' lo' I I ,[ ! i~~; (,) ''-,',\:''\' ,I, \:: \, ~ " n' "... o NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED NEAR SOUTHSIDE COMMERCIAL URBAN REVITALIZATION PLAN FOR A PROPOSED URBAN REVITALIZATION AREA IN THE CITY , OF IOWA CITY, IOWA. v( 'b II The City Council of the City of Iowa City, Iowa, will hold a public hearing before itself at its meeting which, begins at 7:30 p.m. on February 15, 1994, in the Council Chambers, Civic Center, Iowa City, Iowa, to consider adoption of a proposed Near Southside Commercial Urban Revitalization Plan (the "Plan") concerning a proposed ,Urban Revitalization Area in Iowa City, Iowa, legally described as: All of Block 102, Block 103, Outlot 24, , and the easterly half of Block 101,' Original Town, Iowa City, Iowa. The adoption of this proposed Urban Revitalization Plan and the subsequent designation 'of this area as an Urban Revitalization Area will permit property tax . exemptions on the value added to properties qualified for improvements; A copy of the Plan is on file for public inspection in the office of the City Clerk, Civic Center, Iowa City, Iowa. Any person or organization desiring to be heard shall be afforded an opportunity to be neard at such hearing, This notice is given by order of the City . Council of Iowa City, Iowa, as provided by Section 404.2 of the State Code of Iowa, MARIAN K. KARR, CITY CLERK \' I ! ecodBV\nfllhsd,nph ,.' :3 i'l ~ ' " ; . ':' ::,,~::~:;~/~':"':':"''''~~(~~ .~^I;~'~,\1:''''.:''\,,::~r"t.. ". ': ' , , _..,[,.,'_..'''-~, '''1'''''',''''''':', ',"."5/'>" '.O{ '"".....' ',"" :.", ,loo :''''.::..:, '. "f,' ..' .,,' t . "~.,~'.,, i; ',' ,"/'- t ',I ,I .-:.t"te.M- /)0. 0 February 15, 1994 APPLICABILITY OF THE PLAN land Uses -,:,', All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible, The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised addition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant ,structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to construction in order for the improvements to qualify for property tax exemption under this Plan. . The Urban Revitalization Plan is applicable to all qualified real estate assessed as commercial property, except any commercial property in which more than one-third of the above grade portion of the structure is used for residential uses, Types of Construction Eligible Eligible construction includes rehabilitation and additions to existing property determined to be historic andlor architecturally significant by the Iowa City Historic Preservation Commission and new construction for all other commercial property, except any commercial property in which more than one-third of the above grade portion of the structure is used for residential uses. For purposes of this Plan, new construction refers to buildinQs constructed after the date of adoption of this Plan and any subseauent additions to those buildings. New construc- tion that replaces structures identified in this Plan as historic andlor architecturally significant is DQ1 eligible for property tax exemption under this Plan. " All rehabilitation, additions, and new construction must meet the applicable design criteria outlined in the Central Business District Support Zone, These design criteria are administered administratively by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of new construction must be submitted to the Iowa City Design Review Committee for review and recommendation. The Design Review Committee recommendation will be submitted to the Iowa City City Council for review and approval, The City Council must approve the exterior design prior to construction in order for the improvements to qualify for property tax exemption under this Plan. ). ~ ecodevlplanappl.ds .. .' 371 o f I ,\ , \ , , ''';1, " ",,",,0......', ,", ". "',," f. .'~ ','1'" .1.-.1-:"",::\,_,',:", i\'" , "'?~"<:,'ld~li ",':'~ \~.:,.-:\:;,.'.::"I;'''\:~ " " ~"'i '- ~- 1', ' '~; \ If,' 1"'. , , '~1:J, "tf{ ;.:,' ".. '~.: ' ~: , ' I "I' , ;1\, ~'~I --~ ,( ., " ',~' ,I ' :-',,;" ,k, " ,\f, ~ '" . "I -:. j ~ , '. '.... . ." .'.' ,.....",_,...->" _"-'. ~i~_,: :."~".~,. _,<. __..~,. ~. . I , I I I "..,'.".."..,.~..._,...,.._..-,--.,. . ...-'----_ __.. " J"'".'L".;",","'~ C ;'~','::,'-';"'Il.'..; _";'",',,;:, ,,'.~C;_~.. City of Iowa City MEMORANDUM Date: February 10, 1994 To: City Manager and City Council From: Karin Franklin, Director, Planning & Community Developme David Schoon, Economic Development Coordinator Re: Near Southside Commercial Urban Revitalization Plan Proposed Changes (Proposed changes are double underlinedl Since the City Council set the public hearing on the proposed Near Southside Commercial Urban Revitalization Plan, a couple of issues have been raised that would require changing the Plan if the Council so wishes. These changes relate to the types of qualified real estate eligible for property tax exemption and requiring a design review process for qualified improvements. Qualified Real Estate Based on discussions with Dan Hudson, City Assessor, the Plan's present wording is unclear regarding the types of real estate that would qualify under the Plan. (A copy of the Plan was included in your January 4, 1994 meeting packet.l Based on the City Assessor's interpreta- tion of the following wording: "qualified real estate assessed as commercial property, except commercial property used for residential uses," only buildings that are exclusively residential- apartment buildings - would not qualify for property tax exemption. Commercial structures containing both commercial uses and residential uses, such as the new Bell and Breese building on S. Linn Street, would qualify for tax exemption under the present wording of the Plan. (Note: Apartment buildings are classified as a residential use by the City's zoning ordinance but are classified as commercial real estate for taxing purposes.l Since the Plan indicates that its objective is to encourage non-residential uses in the Area, we suggest that the Plan be reworded to limit the percentage of a structure that would be used for residential purposes (see attached - the proposed changes are double underlinedl. The proposed changes would limit the percentage of a structure that could contain residential uses to less than one-third of the above grade portion of the structure. The proposed wording includes only the above grade portion of the structure, because the mass and uses of the building above grade is of most concern. Since residential uses cannot be located below grade, this means that either parking or other commercial uses would be located below grade. The greatest concern is encouraging buildings that are predominately retail andlor office space. Based on the suggested wording, only options B & E on the attached sheet would qualify. The uses in both of these options are predominantly retail and office. 31\ o~r~ ,~--i "q,_)i ...~ .. ... , - -- I "5 t ~ D ~ I ~\ ,l rl '~~, ". '''j 1',;I,~:,,1 ':" :if: ~1~'~ d" " , :.,\ Design Review I We have also included wording regarding the design review of new construction by the Design Review Committee and approval by the City Council, However, the Historic Preservation Committee would still continue to review and approve proposed additions and rehabilitations to historic structures. I I" I, I, Any changes to the Near Southside Commercial Urban Revitalization Plan must be made by amendirig the Plan from the floor before the City Council closes the public hearing on the Plan. We will both be at your February 14, 1994 work session and February 15, 1994 Council meetings. . ' cc: Marsha Bormann Dan Hudson ',( ,: , . 1\ , .-: .. 31\ , " '; ,,",' o r I ." .'..".;,,'<?i';!,\",;ii"I,R(!.'M' ",i,";';::: "~,~."";\""::"",,,,,,, :.-:' ' .''\''''''''''T''''~l'i::: '.fH,',',: 15", UUy . n ". I "' '''''"'',~:''~'':~':' ;.:..", -;,:~~:,::'\:t.\~' ~'~ :~> :~: ,:~'.- mm. "I" ~:.:.;..'l~" ',.' ',,' ,.. ',I _J,; '.:~', ", , ',"..I,' '~ ',; APPLICABILITY OF THE PLAN I , I ,I land Uses The Urban Revitalization Plan is applicable to all qualified real estate assessed as commercial property, except anv commercial property in which more than one-third of the above arade portion of the structure is used for residential uses, Types of Construction Eligible .', Eligible construction includes rehabilitation and additions to existing property determined to be historic andlor architecturally significant by the Iowa City Historic Preservation Commission and new construction for all other commercial property, except anv commercial property in which more than one-third of the above arade portion of the structure is used for residential uses. New construction that replaces structures identified in this Plan as historic andlor architecturally significant is not eligible for property tax exemption under this Plan, . ' i i .1 "-~~ ~ i . , ;; " , ',',.;. All rehabilitation to historic or architecturally significant structures shall be done in such a manner as to preserve or restore any historic structure to productive use in order to be eligible. The guidelines for determining if rehabilitation does preserve or restore the structure shall be those set forth in the 1990 revised addition of the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. All additions to historically or architecturally significant structures shall be developed in such a manner as to be architecturally compatible with existing development. Plans and specifications for proposed exterior renovation must be submitted to the Iowa City Historic Preservation Commission for review and approval prior to construction in order for the improvements to Qualifv for propertv tax exemption under this Plan. All rehabilitation, additions, and new construction must meet the applicable design criteria outlined in the Central Business District Support Zone. These design criteria are administered administratively by the Director of Planning and Community Development. In addition, plans and specifications for the exteriors of new construction must be submitted to the Iowa City Desiqn Review Committee for review and recommendation. The Desion Review Committee recommendation will be submitted to the Iowa Citv Citv Council for review and approval. The Citv Council must approve the exterior desiqn prior to construction in order for the improvements to Qualifv for propertv tax exemption under this Plan. ~ Time Frame The Near Southside Commercial Urban Revitalization Area shall remain a designated revitalization area for ten years from the date of designation. Revenue Bonds The City has no plans to issue revenue bonds for revitalization projects within the area. 3~\ " C' ,:'1 '0 . "'---'., r: ': U '. '. - )""""'"'''''''''''''''''''''''' ",' ::' ", '';"'" ',\,"', ' '", ~_,.,O", '" '~:~,':';., ';.":::.', -,~' ,',~---:\ \ ~",:,~"", .. '.: '/ ~' '. . .......?'s.: 1 I'd; ;,'u...",..-/,,:."..,-' (~ N I~ , ! i ~ '. o QUALIFICATIONS FOR ELIGIBILITY Qualified property improvements, as used in this plan, include rehabilitation and additions to existing historic and architecturally significant structures or new construction for property assessed as commercial property, except anv commercial property in which more than one- third' of the aboveqrade portion of the structure is used for residential uses. Qualified property improvements do not include new construction that replaces structures identified in this Plan as historic and/or architecturally, All improvements, in order to be considered eligible, must be completed in conformance with all applicable regulations of the City of Iowa City and must increase the actual value of the property as of the first year for which an exemption is received by at least fifteen (15) percent in the case of real, property assessed as commercial property, (Actual value added by improvements as used in this plan, means the actual value added as of the first year for which the exemption was received.) nsscurp,ds 31 I "'/ ',' .' ""\.'.,,;, ,:,,:-;::,,:,'::"';':>;':;"':"O,i;::,::~:,; "t"il,:I"",I.., ,I./{,,'I-, '~\~." ',"':"':'/;it..,~S':'},.:.' '~;!/:?:rl':"(",:\\".~,.,,, ""',r;; ir"C', ~ ' , ',1' , . f, , :.... " i" .' ,.,," fl. . I ',' ,,/., , ,"." ,I .."......,'1"'..",..., ,"1""":"';' :"'"'' ".'.":',", 'fJ' '.0'" .. 1)5"" ; ,,' ~",,',(,"~ ':"):~;,', ,:,' :'-:; :}:,~ '"";,,. . ".".:".,,~:':.:,,:... ..-,Ii ::~. ':"; " Percentage of Use of a Structure, Above-Grade . .. ~ A "~,'I c " , 0', E r, ..~I,:"""~" ...-' ;, \ \ \j 1M", . t~ I H, I r, , I " ccodov\obvorndo,pcl ~ : ;~., o , I ,< ':.. " 50% resldentlel 50% non-residential 50% residential 50% non-resldentlel 20% residential 80% non.resldentlal residential I non-residential B o :.." .. '>}:,~,,;\~:,'.::,R'::/,J,\';';:., ,~. 33% resldentlel 67% non,resldentlel 40% residential 60% non-residential ~'~, ..........".."...; , ?,':: ,~." ,:,' ::i ". . ";:' , '"".. . \: ' 31\ ,.....'..:'Tcr,i',-':'" 25 'i ":l I 1 I I , , ". "I' ",.,..,',';,', : 0" ,.' ;: ~,~';~+,~':I~~ J:;~i 'mom ~,,-,...,. r, .\ , -'I \ l "~(', .. '! j I' II" , ii' I" ;, I " I P,I :1' I I I I' ! I I I I I I 't.' I! I" i l ; ~ I , I, ,---1.-;>' ,".--. . .. " 9'1 , '.'-". i,l i,' ~. U r~ (, ~ I:,I1if"," I ,Eo< " ,'. -,.'\...... ,. ' ,< ., ,0, Y l , "~~ ;,~'I,,~ .- '" . " ,..". , ., ,.. . . . .'-'.~;.._,_ .",:..;.,.:,": :;~, ,:.,:~,"r;;,,:,:L:.I, :'.~ ..:.:;...:.~:i,....'~.~j;~::'.:.:c;,;~';J:::~;:':::". ~~.'::~'__,:'"":';:,:..:..:~':.i'.'-;',:, :~.;, ;~~L:~:. :':"_;~',"",; '.>~:,:.,;:, '. City of Iowa City MEMORANDUM Date: February 11, 1994 To: City Council From: Karin Franklin, Director, Re: Near Southside Commercial Ur n Revitalization Plan The City Manager has forwarded to me the Council's questions regarding the redevelopment project proposed on Block 102 (the Hieronymi project). In answering those questions, I will address the issues more broadly than just this project since the Urban Revitalization Plan under consideration by the Council includes the three and one-half blocks immediately south of Burlington Street, between Gilbert Street and the Penta crest Garden Apartments. The broad questions to be addressed, as derived from Councilor Throgmorton's memo (attached), are: 1 )In what ways (both quantifiable and not) will the downtown and the community as a whole benefit from redevelopment of the urban revitalization area; and 2) will those benefits justify property tax abatement? Downtown & Community Benefits In looking at the general area south of Burlington Street just two years ago, the issues of the appropriate development of this area were addressed and it was concluded that this was the proper area to encourage new office developments, high-density residential uses and commercial opportunities to expand upon the downtown. A distinction was made between the appropriate development north and south of Court Street, with the area south focusing on creating a livable residential neighborhood and the blocks to north serving as an extension of the downtown in providing commercial and office opportunities. Office development between Court and Burlington, and residential development south of Court were of particular importance since these uses would feed into the employment, educational and shopping center of Iowa City--the downtown. It was recognized that we have a very vital downtown; the desire of the people who made this decision was to ensure the downtown's vitality for the future. The benefits of redevelopment of the proposed urban revitalization area rest in the stimulus and enhancement this area will give to downtown Iowa City. Investment of public money in the downtown over the last thirty years reflects a commitment of the community to the concept that the downtown should be Iowa City's shopping and employment hub. Nearly 40% of the workforce of Johnson County works in or near the downtown and about 40% of Iowa City's population lives within a mile of downtown. The centralized concentration of these activities allows for greater efficiencies in transportation systems and municipal service delivery and provides a focal point and identity for the community, Retailers and developers on the edges of the community may view the public investment in the downtown as inequitable, however it has been the position of past Councils that the health and vitality of the downtown was essential to the well-being of the entire community and therefore should be given special consideration. 3'\ I'. . ~D ..".", 1 !~ o , 0 , '. ",~',' '.. ,'. " za', . ,', '~ , . ,". .' "t' ..: , ~!I ' ',1'1 .~, ,- 1"' ", , ,:', .',....!'. \ ". . 'Uh:::'_',,;.., .,:;!. ;,;,~ :.:.. :"i: ,.. . " .' ':'1..,,', ,.,..:.':....'_.:.".".~..."" 2 Retail Market Related to the general benefits noted above are the specific benefits of additional retail space and additional office space. In a study done by the Department of Planning in 1992, "Availability of Commercially Zoned Land for Retail Activity within Iowa City", we projected an additional $65+ million in retail sales in the Iowa City retail trade area by the end of the decade. The study also concluded that there was sufficient land within Iowa City zoned for commercial development to accommodate this retail growth. There would likely be an increase in the number of retailers, assuming our existing retail establishments could not absorb all the potential growth. The revitalization area currently under discussion was zoned for commercial development at the iime of the study, therefore redevelopment of some of this land for retail uses was anticipated. This does not mean there will not be some moving around of retail uses as redevelopment of this area progresses, however these moves should take place in an overall market that can handle some growth. Office Needs '~--. There is little to no office space available for large users in the entire City. The only significant space available downtown is in a building with no windows. If we are to encourage the type of synergy described above between the downtown and development at its southerly edge, office uses and speculative office space are clearly a need and one way to fulfill this goal. Quantifiable Benefits ....:-. "~I',, \ \ '~ '~" r",\ " , , r I I" I I I i I i The quantifiable benefit of redevelopment of this three block area is the increase in property value that will result and consequently the increase in tax revenue the community will enjoy. This is of particular importance now with the State's property tax freeze in effect and the City's ability to increase revenue only through new construction. Again the downtown location has inherent advantages, in that infrastructure (streets, sewer, etc.) is in place and the development of this area should not burden the community with inordinate municipal service costs. Using the Hieronymi project as an example, the value of the project as originally proposed was approximately $10,181,740; the current value of the property as it is used today is $991,750. Using the current tax levy, $31,932 in taxes would be paid annually on the property now. With redevelopment at the projected value and the same tax levy, the property would generate $327,831 in tax revenue annually. Tax Abatement The wisdom of offering tax abatement in the urban revitalization area is obviously at the heart of the discussion of the revitalization plan and will be a judgement for each Council member. If one disagrees with the benefits outlined above, there is probably no justification to vote for the plan which allows abatement to occur. However, if the majority of the Council concurs with the position that there are advantages to the public interest in redevelopment of this area, the question becomes whether abatement is justified to stimulate redevelopment to occur sooner than later. I" !~. I ,: ! '~~,"/ '~ir ~"'-;': ,'/ ' I;; ;,,', ",.". \" :' L.., Tax abatement is not a check from the City to a private developer. It is taxes foregone on a 3'11 _ 'C~_'~"'~~ : ._..:~~_:. v--~ - -- ). ' . . - .0 " . ~ -- I i I ! ':' ': ' :~ ' I ',e.. / .) , ,'; 3 , , 'j I I ',:( i \ ! portion of the value added to a site for a defined period of time. Taxes are still collected on the property for the existing value and additional taxes are collected for a portion of the value added. At the end of the abatement period (10 years), the full tax value is collected as if abatement had never occurred. The City does not lose any revenue it currently collects. Using the Hieronymi project again as an example, with no new development, taxes collected would equal $31,932 annually; with the proposed improvements, taxes collected would equal $327,831 annually; and with abatement on the improvements, taxes collected would equal $91,112 in the 1st year and $268,652 in the 10th year, i',,' '" l' I:' I I' I 1," I',' ',. Tax abatement is a tool to facilitate a project getting started and being successful. It is used when a public purpose can be defined, such as those outlined above under benefits and in the Near Southside Neighborhood Redevelopment Plan. The private developer continues to take the risk. For the purposes of property tax collection, value is added to the property by the mere presence of a new structure w!lether it is fully leased or not. The public enjoys that added value and can use the additional tax revenue to support projects of community-wide benefit that must be paid for out of the general fund. There is no financial risk to the City with abatement. When it is undertaken for a public purpose and to further a community goal tax abatement is justified. Whether redevelopment of these three blocks will happen without tax abatement or not is a question we cannot answer. There are too many variables in development decisions that come into play. As Councilors your decision will be whether redevelopment of the Near Souths ide Commercial area is in the public interest and whether abatement should be used to stimulate redevelopment to occur there now. Ii! ' , .. Il.' Staff will be available at the work session for further discussion if you so desire. If you need additional figures, a call before the meeting would be helpful (356-5232). bc4.1 I~~ C (~l \ ~ I: ) , ',' ~ ,," , I : ~. : I'; ! J I' \ i ~ . .. I i: '~"'I' ~il '0 I , ; . " '"::'\'~'',',:;,:::};'''''!:':'T'C'';''''''":''':;''':''' '(<",",1"''1''');;;'.',',' 10' .' ,.,',:, "'ri:,:':','",',",i,:",J,"l".,"'i\'<;:; " ' ", :") 5:' ' '" ',:;"::,'.:,: ."......:;:.....:.,,'.<:,. " ,.r, .. " '" ~ ..,.','~,"'I. r ,',I . .... ;.' ',~:' , . :!'i?.~,',"_", ' .,:,..:' " .;~, > ,",". .- ..: "t ' .,.....\\1:; ~ "^... , ',,-, ":1,.1, ;" d" .',.. , '.', ... ~ \ , . '~...,. ".. J . , . " , 1 , " ", ' " '. . . ..~ .' " " ,,' ',' ," , ." .;;:.:..",...~_~.."_,,..~~::--...>.~:;.~,:~..~":..~.;.;:~~.~~.:';:''.r~~1~"';:'~!'~'~'.i.~i:;,r~.."..:.:.':"~~''::'~:.~~.. ,_ ---.""._'."--''''''''''~'''._''---''--'''-''..'-'-'--'-'-'''\r I To: City Council From: Jim Throgmorton Date: January 31, 1994 Subject: The Burlington and Clinton Project ./'-~.~ I: ,.\. ' c\) As I reflect upon the proposed project at Burlington and Clinton (the Hieronymous project) , I find myself wanting certain pieces of infonnation. I seek Council concurrence in directing the following questions to Staff. As best I can tell, the central questions are two: ~y.sJ1mth .quantifiabhLand not) wilUlliulowntown andjhe community~ benefit from completion of the pro~project, jY.stify.Jl'le abatement of $1.3 million in property. taxes? More specifically, I'd also like to ask Staff to measure the economic benefits likely to result from comple!!.on of the proposed project. In particular, ~at effect is t~pI:Q~ project H&cl.y.JQ.1lave on vacancy. rates in downtown office bYi1dings...and ~ Will it simply draw businesses and customers from other buildings downtown (like shuffling cards in a deck), or will it attract them from other places outside of Iowa City? . A related question concerns alternative ways of achieving these potential benefits. One alternative is to build the proposed parking garage, make streets cape improvements, ensure that the area is zoned properly for the kind of activity we want to encourage, and then rely on the market to decide what to build. .why. not create th.e..rigbt conditions ~ether anc:lhow to invest? If CB-5 zoning will encourage the wrong kind of development, why did we recently establish the CB-5 zone for that area? Another way to think of this issue is to imagine the worst case scenario, then reason backward from it. The worst case scenario I've been able to imagine so far is that we would end up with a badly designed building that hanns other businesses downtown (by just shuffling business activity around), and then goes belly. up. How likely is that scenario? What can be done to avoid it?a In answering these questions, I would encourage staff not to rely on bureaucratic talk about plans, ordinances, laws, and so on. They're important, but more important is the basic argument or justification for supporting the project. l(andJl1e..peu~y.~~pI:Q~ project wilLmakeJowa City. Please let me know if you concur in asking these questions. Thanks. 1'1 I I , k. I I''{'' I . , i i i i ! ,,) J 0-~;;:'~ I' \' a A final question concerns the perception of fairness (or a posslbl~ lack thereof). What cily. . sponsored Incentive programs currently exist for small, locally-owned businesses that want to . expand their operations? I think, however, It would be better to defer this question till the Council begins discussing economic development Incentives In general rather than to ask Staff to answer It right now. 30 -~"\....; ~~\ " ",,0 .J,",. -,...),: 'f' js.rb, , ,." "," t(,uO .....~ -, ,...:.:~.\"" . , " ~;.. ,'. 'J;... .'..::,.,~: '.', , ""'"! .- ! , '.' i \ ; , I I j i , ,I j ! """, --: ',',1 -'l " , :. .I I') '" ."' ('~ .L~"',:,. ~........ " ( " \. . ';t~ ! ' I : . I ~ I ~~ ..,." uw . ACCREDitED 1_'.,-", ....",,,....,,,, ,...,..'..,,,,,. o ....i~. , , ., . February 15, 1994 ~ IOWA CITY ~ AREA Z CHAMBER OF ~ COMMERCE 325 E. Washington P,Q. Box 2358 Iowa City, Iowa 52244 319-337-9637 TO: The Honorable Mayor and City Council Members FR: Chamber of Commerce's Downtown Expansion Task Force and Board of Directors RE: Near Southside Commercial Urban Revitalization Plan Recently the Chamber had an opportunity to review the proposed Urban Revitalization Plan to determine its position on the Plan. As background to our interest in this issue, allow us to discuss the history of our Downtown Expansion Task Force. In 1988, our area was presented with an opportunity to redevelop the Northwestern Bell Building. Zoning and parking difficulties arose prompting the Chamber to form a task force to study the options for the expansion of Iowa City's Central Business District. At that time we all agreed this was vital to the strength of our community. The Chamber maintains this view today. Over the last 7 years the task force has been an active player in issues affecting this area. Specifically, we have, and will continue to provide input on: 1) Parking and Transit 2) The last Urban Renewal parcel (Parcel 64-1 a) 3) The area south of Burlington Our involvement in parking and transit are well documented and we will continue to work together to meet this challenge. With renewed interest in a ConventionlCultural Center proposed for the downtown Iowa City area, you no doubt will be seeing much of the Chamber on this as well. Now, to the issue at hand. The Chamber's involvement on the expansion of the CBD is also well documented. We have been an active participant in discussions of the area's boundaries, appropriate uses, parking, and zoning. Our input helped shape the "Near Southside Neighborhood Redevelopment Plan" adopted by the Iowa City Council in April, 1991. The Chamber supports the adoption of an urban revitalization plan consistent with the intent of that Redevelopment Plan. We believe this is an appropriate and forward looking public policy that would provide important tools for the successful redevelopment of the area, as deemed appropriate by the Council and the Community. Serving the Iowa City, Coralville, and Johnson County Area ~j\ I ''':';:'':';~::;'~'~':'':'';'~;::'' .' '"," ~... : ,,<'I 'I " I."" ~. . '..,' . ":12'5'~: l O. '" , ",.. .'.' ,,~'" ,;'" ,. \; ,. , ~i.~<.',",~:'::.'r;"..,.':' .'i;"" .';. " "t,'", .' ~:~W'~ ' I......~:'~~ ~~,;. '_",:" h';J',,' ~:~.., .:_ ',< ~ 'I.;'\.;:'-o::.,',.'.~,[......;:.,.i.' '~r:"': ...-:..~ <.2i.;.~:,,~~~ ~-~: ~ "~ >.': ~:') l.-:::' . ,,:: -... ._.1, ,~~:." ' . ". '..' ... I'..' ~-, 1., t~ - <-,,~ ~".,..~-_. -- -- ..~_._-_._,~.-- .~.._-~.__. ~.,. """._"~...,,, ~ ., ..'~ ~ -.i-'.- "_..,, - to \. . . \. ':' , ! : I , , ,.-1 '.' . BURL.INGTON STReeT mi-"-"-"-'i1J-"-"-"-"~'-'C. PR~peR.:: ~~"-"-"-w-"-"-"-'W1' I 30 STANDARD S T AL.L.S 4 COMPACT, I HCP , (BST) . i, ~.~~ C C III III I 1 ..:.~ : [=J, (~ " ,esc BQUIP, ABOve , a III HCP ";,,' .- = C C MAIL. rT' " , I ~ I I : II i I I I : r; '~BW ': I i . I ' ~,' \ -:;/ .' o H DOOR Ir--- . . ~ URB fUT . RAMP DOWN ) RBT WAL.L. -..'\,; ;~ MAINT eQUIP eQ r----' I I I I I TR~NSFOR eR I (B~L.OW) l.____J r"-"-"-"-"-"-" , ' i I I, , j I I I I I I I >- I j I <( \!) ~ I- ~ >< ill 91f~9d stfra99 I G A 25500 SF AL. TBRNA TB PL.AN 8 FBI', ~'14 .1 ~ I,. Il ,0 JJ 'l :"i:'. .., r~. ' ,J fft ~)i . ~:~ il,! ,-, , I>'{ , I"" i',~1 "')', ~1 ' t~l. }'!;\ 'iI' II'~ 1;1 ' e~ i':{, t" r?,~: ~,~ ';~r, .' ~!,.,:,". :r~" " \'1 l:'~' ' I' ' ~il~ ~J l~ ~'.r, \,,~; ,~.. ~'jl !,.,<' .' ::::y tr 'I ~, " U 1 I f\ i~:1 ; ,I. " . r~ "r fA hI' ~~t 'I~l \. '~~' ? ~'Il'\:' .. "', I r"t I'~. '~~\ f' ..,.,,:,~r. ,.' ' .',... ," 1d I' ; , ' ,.~ " ,:. .' ,':, ,. 1 ~ ' 'J': , I .., ,'I. '".' , . ' . ; ,,/ , "} '," , ,'. " ~ 1 " ., , . .,- , , .' , ..." '..' ",' ,.' ./ ,I' \ . !,' .~ ' I ) /,' /i.~~"\:.- .,-." .", ','" './ " }, ,',,' " '. " , :';, C'""";.":ij ,,': .'!25X ,IT , ' " .' ~ -' .~j1~,)j ~:" , \~';;,;~~J ;.":'j. , i i .,'., .)t;x ""Ii ;;'?'~~)) '{V~ ",,;.:';.:; : ~ ~ "'~;,~! ":'.\:',; '~~',' ..,. ",\;,,; "J,:',' ;." ,""{.'. , ;~! . ,.,} ,'." ,",,' ,~ .I '" <" i " ,~.j },:; . ~\ \ ,.j'; In "~>:8 , ' ~~~ \ICW . 1.': ,"'" '.'; ',,1 ',.' ~ 1: i ,,' >-,.1': :,i , , Ii' ~ , ,ro, I I ~-~ HCP ,', , 11- II c c MAIL. MAINT BQUIP o H DOOR Ba eaulP RAMP DOWN ) r I I ! TR~NSFOR BR I (B~L.OW) L____J ---, I I w---~ , ,I URB tUT I RBT WAL.L. u.I, ....I ....I <( \t) ~ I- ~ >< u.I I 9f~ed stfra96 , I , , L.._.._.._,._.._.._.._ G A 25500 SF AL. TeRNA TB PL.AN B FBI', 1'1'14 BAseMeNT P!"AN lHIlllERONYMUS SQU ARE ~ ARCHITECTURE SUITE 202 . DES MlIlfS, IA 50309 HERBERT ~ LEWIS '" .'1' '."': ' :" '. '; :,1.:" ,,', " :. " . '.i. ~:' .:' ....'. . ~:.... \": ;::.. . ',',' i I , I , i i , I , ! , ".J:, ;'/"..' ...:.. 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"4 BURL.INGTON STRBBT piil- "-"-"-"-"-"-"-"IJI oo-..-oo- IJI -"-"-"-"- III "-"-" IJI IJI . ---. --- -.- -'. :::::: ::::: :::::: .="------- IJI I I I I I I I I _________ L___ ____ MAINT. ~ SBCURITY : FRBI HT Ir--- ~ URB tUT n . ::E: ~~ C)- N~ ::E: rBoc~ 1 TR~NSFOR I (B~Low) L____ RAMP DOWN ) RBT WAt..t.. .... .... .. roo I >- ~ .J <( I,!) Z I- \I) >< lU ~/ gtted 4677 SF fr 1525 SF n . 10400 SF ,/ ~OTAt.. 16602 SF ,/ I G A 25500 SF At.. TBRNA TB Pt..AN e FBB, 1~~4 I. 0" , ,,' " -, , i , , I I l i'~ ~ ti i~ ~~, ' iff. . ~i It'" t;.~, . rJ 1,:\, (\f~ :;.J, t;-; , f~ !~ ~& t~jl; /i~, p,~, ~t-:: f1(t, :'I~~ l.il b.: ~~....t '.. ":\1-1, ' Vi,) I':" l:~t ~A; !:..:~~: . ,,,"" n 1:1' i,;! . I ~ :'; \ ' .jl, S~ i:~ \; j .' i I ~ .~ f" 1"'\ 1\ ',,'I 1"\\ ',~' " fi;/.: ), " ,\ 11 .' ,~!" \~ e " 14 lli, ~,~ \ W. I,,! ~~, (, "I "1; I,t' it , f; (r d ,Iiit ' , , II ""'" '~ "..,' " J ,,,.... " '.',' , , , , t ".." 'j", " 'f' , ? mO,." m Wu " " ", . .It, / ,.-' '. ; , , ." . .. 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Birr ,::' I,:" i32 g,I.,J,: _~' ,1,1 .,: ,. . ";'.:::;).~" R..tY.>;'~'f'." BLUNCK (515) 288'9536 3rl ~i ~l' ~,' '!,Ii II' ~" ~1'. . ~'}~i .,'" ~.'~,. ~: , 1;i ~'. t \. "..' " .... ",' ", " t" "/:" 1.',,", "." " : .:.',#.:" ..". .. " 'I{:": ,.'". : ~', L 'i'.' :',j. ~. . .' ~ ",'.,,', " I - , , " . .' .'" .""." '.; '\' . , : ~. ',.','>::: ' .' " '. ..;' . j" , ", , : :' ,-"~ : -.'. : : ~:" :.' ' :,', , . I . ,'.".. ~ " ,/ ,/ ,.,,' , " , ., .' ,,', :)".' I , . . , I:: ; '. ",.,' "',' ":".; . ..' ,\ , " " , '," ..,1 "',l '.\! ;,i' . ~,i.~ . ~f ' ~r ~~ ': ' , .-' .,1,....' "!, '. J I ',.,' .- .,..' '.', ,\l:, ii,': " '. , I, I' i.' 1.<:' I.'. !';",.' I' ",..':).:. . k' "'," ""'" .. :' " i .', ' ".'.1' ,,', "'<'" :' i " ,,'; "".' .'..'..,','.'....f'. , '.' " . 1'" .'~ " .,,' :.' :,",: , / '.',(... I' ',i';,)r':i' ,I; " . ,," , . ~ ',:" ;"..:.r, ".':,' "':::,",.. "I. "..' , " ,'" t '...., J' , ..'.. ~', ' " . 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( "~'. - '.:1~'", ' I :~"~~~J:~:.:~.ii.~'i..:J;,~~L~..~~::..:~,~j~,~~~.,,~,:", :::':}~';;""1;~;;~~~I:.~~~:;.6,:.:~.0~';.:ID;~~.;..:,:.,~;";.t.ir..:2.:,1r;;.~,~ 'I '."l~;.l<.l.!:.J..:~..:.':t.~"i I \ I ~RY \I 1\ I \ I \ I \ \ \ \ \ \ \ III ~~ ~~ ;; ;; ;; ;~ ~; ~~ ~~ ~~ ~~ ~~ ']11I" ,~~~~ I I .............-0 I I ....""H..:.... I' I ............ , '; /~;/ATRIUM ;; ~; ;~ ~~ ~~ ~~ ~~ ~~ ~~~ (;L.!W, LOBBY ACCB66 CO~ DOR , . ','~:' ';' , :. ~ : " ,~\ , '."j,',: ",;. :;' " .,..,~~..;~,.~"::..t~.:~~"~,,:';-,",~~~~'~~"~~:~":~~;~:-":-:,,,;,~.,~.__.__.....~... ,".' FR IGHT MGMT OFFIC(; 'i' 2n 5925 25 7645 TOTAL- 13570 GFA SF SF SF 23200 SF AL- T(;RNA T(; PL-AN 8 FeB, 1~~4 'i ~, '.. ~, tl 1<--'," ~1 I ~Il ,,% f' ~ ~. " " ~l ":li ~,! ,t ~~ (':; ij... \JI-'~. ~' l ~ \ ....1 ,,'." "\' " I '''~' .' ~ih '!::;'.- ,I,. '\',' " , ,\ ':'" " ..,l: ,:.1- .':' :. ~: ' ,,,":. , ...., ./ ." .J,: ,.,' . , ~.- :. . '".,,' .,'\ ,.; ~t:' . ' ',: ":7 /,.' ,~; :"'" , " ";,-' "'(': ./' "., ",,'". / "" (' " '. 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T~RNA T~ PL.AN B F~B. 1~~4 S!;COND FL.OOR P!'AN lHllllERONYMlUS SQ1UAIRIE HERBERT ~ LEWIS ~ KRUSE ~ ARCHITECTURE SUITE 202 DES '-<<lItES, IA 50309 BLUNCK ~ I FLEMING BUILDING (515) 288-9536 , I I ,~~I . , JJi I I ! " '. ." \, .' ".,: i i I :- ,/ I I" , .. b " , :. ::~. "', "", ,.. ./ ~ , ~ ~ .', ~.. '! ", ,.".-. o I ,; . " ,,'., ".' ','/' '~;1illi~ ':,".. , ':.,: .' .', ,""'. , ,,,_;,:,,:'"::,,2\::S,L<.L.~:,:_~~i~C~,, -', " '.':' , " .,~ ":' " :,,' '; , ,i , , " ',.,' '1",,; .. " , ' , " .".. ".', " . '~_.. ~"1- _.~..... --:-~.. ,~.. ""_....".......... ~ Li..:-r"..::-.,~.;_-,;....r ~ "",' . ,,~''-:<;:~:'''~'':';:'~'~''';~"' ~::":"',",'\J'J..'~,':"~i"';;'1 ",~~-",,'.O,''''''I'' "'"..... "",............~....~'-...;......:~~:....:...:~-~ i , GF A 25263 SF AL. TeRNA TB PL.AN 6 Fe". fl'J 4 TYPICAL. OFFiCe (3,4 5) PL.AN ",j 'I .: : ,-':-: ,. i,1 c'''\ \ ~ , '" . I I I , I ! ~" '~!. I' l\,; , \""v " ,Yf( ""1:'1\,,; " ~i f, ~~ .1(. ~!, ," . .'\, , ARIEA l' AIBUlLA 1'RONS FL.OOR GFA RBNT, BFF. " 25,500 7,004. ~~~ I 25,500 16,602 65% 2 23,200 13,570 56% 3 25,263 21 ,135 64% ~_..,,\ I ,~ "'-::'-~~'-;'~"'''-'h--''''l',' ' 1 ' "l" ,. ,'.'. " ~: " ,', .. \i, : 552 10975 SF 552 3660 SF 552 6500 SF TOTAL. 21135 SF , I 1 ' II 1 ' :1 :i II' ; ~;. . " i" r L i i~ I" ~t '.. ,,' !~., .' ,\~".' ~ ,.' , I .. 'f. i , , 25262.73 sq, Poet ,. ','" '. " ' of. ...! , , , , ,~ :': " . , . . ~,: , " I , ' " ".. . / " , , , , ' , , " .., .. " , ."., ~ "' ..;' . !,,'. " ,,".' .,,': , ~" ,,:,:" .,:,.,.; .,.. ' ',,'". " . .'" . .,'" '" ;. .".. l '.'", <, , , '.1 ' :;,. , ',' ':. .'..,,',.. ',~ ,r '" .' , " ",' "i , ..1, 1'.:" ~.' " ,', ,... " ",'.' . ",,'. ' ","., :\i i '. .,1 . . , '. . ...' , '." '.-', ~" -',' . ,., , " '," ,. . ',' .', " < '"'r', '. . I," :,',','.'", ' , ."\ ".,-:,':.,...... ,',' :,' ','::';,,' . " I: , ' ; .' ,.".. ~I .". ,t p ~!\ . L.>" " ,-",1 I" I , , . ", " I....' .' ./':' ",". ""I , :',". " .', " " ',' ',',', ',',' , . ~":I.' '.' ".,.';,' .....'..:2~:~':~.:IT ".', ' ,'\ '" ," :'.':',',":' ""::""1:: ....',,/.;,:'; ;:.\:;:,:~:. \\'; ::',/;.:...::'.' :.~ ',"' ' 1,,> :,?":~~,: '""'\'; . . " .' ;', " . .,\ .' ~ , ^~'1r~1 ~ '",,,,I ',' , :.:~ I,i' . p' ;;i ,.'\! " .1 _' " ";i "'\ J J' I'>. .t" ~'. . ; ~ .'.'; " "' s: .... ,;, , ,', ) ..t" I , 1 ',i ,.,~ , ; ['~: ,; I " ,,,,.,, \ ,\ \' \ :) '" ,',- ~ I., ~, I . \, ~ ,,' I , AiRjWA<~~~ ............ ....... ........ ........ ........ ........ ....~"" ........ ...."" ....... ~.... .......... ARlEA lAlB1UlAlllONS FWOR GFA ReNT, eFF, B 25,500 7,004- ~~~ 25,500 16,602 65% 2 23,200 13.570 5B% 3 25,263 21,135 B4% 4 25,263 21.135 B4% 5 25.263 21,135 B4% TOTAl. 124.489 93 ,577 75% FOOTPRINT 149,989 , 100,581 (lr1oL bsmt. * pl~s par~lr1g ... , 25262.73 sq. feet GFA 25263 SF At.. reRNA Te Pl.AN B FeB, 1'1'14 TYPICAl.- OFFICI; (3,4 ,5) Pl.-AN lHllllElRONYMUS SQUARIE ~ LEWIS ~ KRUSE ~ ARCfllTECTURE SUITE 202 DES MlltES, IA 50309 HERBERT A.EMING BUILDING .! " j ; I I I I I I I , I I I 'j , " " o I ! '\.:' " , .... ....,.-:.i,,~'1'. '0':".,-.:::', .' ",r", "'I" ," ,j _I, ~:,>,., "'\~ ,n. :':'1'" ..r" ~ ,I:..... "\.3'. .\ BLUNCK (515) 268.9536 381 (' ~ " " ! .' " , 't/ ,,/"'-,\(1,,', . '/ " " I. ',' .,.-. '~ I,,' " .", .'.., ,1.' '. ,'. 'I ~ , . ',- '1' ,.. " ,.'f' " .:! .... " ., . 'r. ":,::<,:" :/.: " I' ,:;'. rri'~";~~'''''''" 00, '''''", ' ::';:";''''1'3'': "2':"X:;:.';R:,o" u. " ,\ '" ',t ., LJ.. '>' ',':".';:.:':~!, ."n ,n I"~ ",!)t,' ,~ t~'. .~. '~, . , :~-' r ". ',' ,5 ',' 'I)' '.,;. '.',1', .,;";~~~tiI ':/ I" '.', "'. .,.,,',' '. ,:'''::/'..:'''' ,:'l;,:'.;~;~,: ;:) · · · NOTICE OF PUBLIC MEETING · · · TO DISCUSS A PROPOSED ORDINANCE REGULATING PRIVATE APPLICATION OF PESTICIDES , , " .' ~ I I , TUESDAY, FEBRUARY 1, 1994 6:30 P.M, '~ COUNCIL CHAMBERS, CIVIC CENTER 410 EAST WASHINGTON STREET IOWA CITY, IOWA ::.' The public is hereby ncitified of a public discussion of an Ordinance entitled: ORDINANCE AMENDING CHAPTER 34, ENTITLED .VEGET A TION,. CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY ADDING A NEW ARTICLE IV, DIVISION II ENTITLED .PRIVATE PESTICIDE APPLICATION,. WHICH ARTICLE SHALL PROVIDE FOR REGULATING PRIVATE APPLICATION OF PESTICIDES AND PROVIDE FOR THE ENFORCEMENT THEREOF, ~.~ '':'':'; {, " " ~I~": ...". , ~. \. " \ \ a ~~("l i ,.: This proposed Oidinance is designed to regulate the private application of pesticides within Iowa City. A copy of the proposed Ordinance is available in the City Clerk's Office at the Civic Center, 410 East Washington Street, Iowa City, Iowa. cl.,k\"rivpest,npln ~ I ~) . ,,' I ecn~4 . -fD ~/151q L/ . ' ;'.1 . J. I \ ". I' ':} 3t~ ',,' " o , j' ",' ", ,,',;', ; '. ' , -',:,:;:;~'::;~' ;:';"'~'(:;;':':\<;'",~ :-:Y:';'.::~:,:" " , \"'1"'5,,,:'1":0':: I,:' :.."',.~': !<"(~~ ;.f\~'/. ;:~l'1I&3 ''''I~-\' {; , \ !( , !I I', ii' d iil 1'/ i I I' , II ~, I i~'. I ' I I, : I, , " ~,!...:/ " 11'/ , ~"I' \ ., ,','" " "!!ii' f f','~la',Iti,\, t' i"~:~b~) fi*~' I . .'1. L._~"\.,_ .. '. .' , ,I; ;\ . ' o/'y l ,', i. . "'t' ".'.\.1:" '" ,: .... '" . " ,", ......1, , '~;.,., . .','c..'., ~,__~" ,,_ ..,..'..., ..__,_~~_.~~.___.._ , , ."__.._ '...~"'C" h ';'-"'\;_''''::'''';';':;L~.:..'.'_'..;"~';.-~~:.'." _... .";;' ,",',...... '."" '" ..", "', ".."...~~..:.~~.A,. ~ City of Iowa City MEMORANDUM ".. . 3~, I ,Ir.. . ~) Date: February 9, 1994 To: Honorable Mayor Susan M. Horowitz and Members of the City Council From: Linda Newman Gentry, City Attorney Re: Legal Opinion Concerning Possible Preemption of Local Pesticide Regulations I. Issues Since the state legislature passed Senate File 94, which attempts to preempt "all local legislation" concerning pesticide applications, the following issues have been raised: A. Will the City's proposed "private applicator" pesticide ordinance be preempted by state law after July 1, 1994, when S.F. 94 becomes effective? B. Will Iowa City's recently passed "commercial applicator" pesticide ordinance have any vitality after the state's Senate File 94 becomes effective July 1, 1994? C. Does federal law preempt either the "private applicator" or the "commercial applicator" pesticide ordinances under FIFRA? II. Summary of Conclusions A. Private Applicator Ordinance There is no doubt the preemptive reach of the Iowa Legislature's new law, known as Senate File 94, intends to be broad. But in my opinion, the bill falls far short of preempting the City's proposed "private applicator" ordinance because state law cannot preempt an entire area of activity the state does not either reserve to itself or does not itself regulate. This means after July 1, 1994 when S.F. 94 becomes effective, the City remains free to adopt local regulation of private applicatorlhomeowner regulations concerning pesticide application. This is not to say, however, that the Legislature will not attempt to change this situation by additional amendment, or even commencing a new bill - bllt such action seems unlikely. The two Legislative chambers would have to be ready and willing to venture into the new area of regulating private homeowner/landlord/tenant pesticide application. and to do so during this 1994 session. Ironically, if the Governor and Legislature wanted to protect farmers by preemption, they mistakenly used an "elephant to kill an ant," since farms have always been exempt from our proposed regulations. As for federal law, the "private applicator" ordinance is clearly not preempted by federal statute or federal case law, see Wisconsin Public Intervenor v. Mortier. 111 S. Ct. 2476 (1991). (~"'., ~ -= ~-' .,); o , "',. 1 , I I I ~ ~ I ~ ~ ~ tl 0, ....._-".. ',,' , :",:'," .,;. ,.,o"S") . ., .." r~:: .", :..i'" :. , I ~ ' I, ill/ I I I II' i I' , I I I ! b I' l I .' , _..~-- . '. , '.;~ :....., . . " ~,.f\' II ",' ":,,..\,,: , ,', . . .7" J . 'I . \':' . , '.' ",>y..,\ I \ '~'l' . ~. ,.,' ,_.~_......._,.--.,~.~,.:.,,:,:.~~.,.,-~-,,~~~.. '. .:~' '" .' . . ',," . " . ' . , :_.. ....I..._....'n'.....'__'--<.~.,L~'-~.Io:,~..('.'..;;;...{;:..;;.:...'i~~).-::~.::~..,.-....,'"':..'....,~_._..._._ ... . ,-'~_....-'---~~,_....'..__._-- ...-...,-. 2 B. Commercial Applicator Ordinance FIFRA, on its face, together with the 1991 U.S. Supreme Court of Wisconsin. does not preempt the "commercial applicator" ordinance, standing alone. However, the State of Iowa may well have successfully preempted Iowa City's "commercial applicator" ordinance in its entirety . including size of signs, commercial applicator registry and the option to adopt a city pre- notification registry for pest control programs. The ability of citizens to ask commercial applicators to pre-notify them prior to spraying remains a viable option, since the City would not be involved. This is not to say that S.F. 94 is not subject to challenge as being inconsistent with other state laws requiring and promoting cooperation with cities for "proper notice to be given by a commercial or public applicator" and setting "groundwater protection policies." I suggest your decision to challenge S.F. 94 be made in executive session, and thus do not make a recommendation here. Because of the length and complexity of this memo, I submit information on how to petition the Agriculture Department to change its rules, by separate memo. III. Background The City first began the search into the question of whether the City could regulate commercial application of pesticides within Iowa City when several incidents of mistaken application were reported to the City Council during the summer of 1991. At approximately the same time, the United States Supreme Court, which is the highest court in the land, ruled that the Federal Insecticide, Fungicide and Rodenticide Act, or "FIFRA," did not preempt the town of Casey, Wisconsin from regulating aerial spraying of pesticides, see Wisconsin. infra. However, the U.S. Supreme Court left the question open as to whether Wisconsin state law preempted Casey's ordinance. About the same time, Paul Papak, Professor of Law in the University of Iowa Law School Clinic, suggested that, if in fact the City Council were truly interested in enacting more stringent notification requirements for commercial applicators, the Clinic would be interested in researching whether Iowa state law preempted such local regulation. After discussion with the City Council and Professor Papak at a work session July 22, 1991, I forwarded a list to the Clinic in a letter dated September 25, 1991, see attached. The questions posed to the Law School were whether the City could require the following: larger signs; a registry of lawn applicators, lawn customers andlor businesses; advanced 24.hour notice; and neighbor notification prior to spraying. On February 24, 1992, I received the Law School Clinic's opinion, stating the City was not preempted from any regulations covering the City Council's original questions, but also stating the City had no authority to ban pesticide use in Iowa City. I then received formal confirmation from the City Council to work with the Law School Clinic, and the Clinic began drafting several ordinances to govern commercial applicators. Through several meetings, a group of City staff helped me "critique" and comment on revisions we asked the Clinic to make. In June 1992, after considerable discussion with Professor Papak and interested citizens, the City Council directed me to drafted a "private. applicator" ordinance; but in a September or o .0 ' , , , ~', - ' "'\' I H' 'l~ , ~ "" """," , .-....."...","',',," ~:~,,;:~?:, ~.,,:J" " ' " ;," "", ,.',-,..," . ".-~ (, ;, ,~ \ ~ ',J ': ""I"f.~ .. ,',,'... ,'" " ;~, " '- , " , , ' . : ""; >..,..~ ',.":,': '. . '1': ". '.:~' '~:~; . ',',' ". ' '- ,._._-~-_.,---_....;-._" .--, '" "" ',' ,", ., ",' :;~":'____~.'''''''''''''.',,,,,,<w''''','~'''''''''''l'~~'~~...,,,......,,,._..__,___~_ __ ".'4 3 October 1992 work session, the "private applicator" version was rejected by a majority of the City Council. I was then asked to revise the "commercial applicator" ordinance; and after several more revisions, the City Council voted down the "commercial applicator" ordinance in January 1993. More recently, I was asked to resurrect both private and commercial applicator versions. Before I discuss the preemption questions, a general review of Iowa's "pesticide act" will be helpful. IV. The Pesticide Act of Iowa The Iowa Legislature first drafted the "Pesticide Act of Iowa" in 1962-63, codified now as Chapter 206, Code of Iowa (1993). Chapter 206 was patterned after the federal version, namely FIFRA. This is as it should be, since FIFRA specifically calls out that the federal government will work cooperatively with states and political subdivisions to regulate the sale and distribution of restricted pesticides, and also work cooperatively to regulate certain pesticide users such as commercial applicators, Wisconsin. at 2477. Iowa's Pesticide Act also contemplates cooperation between federal, state and local governments in two different sections of the Pesticide Act. Section 206.9, entitled "Cooperative Agreements," provides: ''The secretary [of agriculture] may cooperate, receive grants-in-aid and enter into agreements with any agency of the federal government, of this state or its subdivisions,...to do all of the following: 1. 2. Secure uniformity of regulations, Co-operate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs. ,- I, l ~ 5. Regulate certified applicators. \ ~206.9, Code (emphasis added). .-,!~ T Ii' I I I , I I i I I , z. r'; : I ! I , I ~:~: J "May" is meant to be permissive" see Iowa statutory rules of construction, ~4.1(30), Code of Iowa (1993). Section 206.19 seems to require state cooperation: ''The department shall, by rule, after public hearing following due notice: 3. Determine In cooperation with municipalities, the proper notice to be given by a commercial or public applicator to occupants of adjoining properties in urban areas prior to or after the exterior application of pesticides, establish a schedule to determine the periods of application least harmful to living beings, and adopt rules to implement ~. ," ~ '~ ,,'. ~'.l '" I' 38~ __C~ 0 ~, :,:,.0", )\,' ',' .J 1 ' ..---'0" .\".,...'..~."...., - .~, ".. . [ ,"p," "5 I ~ I .'~ '.' , , I I , I I CD , I ., I[i " ..,.,"1 ,,'::.". .~ .' ". i;.',', ".-. r~~ ' \ \ \ ( \\ :M'''' ',.',., .'(\ , ' r I' I I: I" .' I I ! i I I i k~ l'i.;. I! '~ ~~j: "','.",'" ti'i " , 'j' ::~ :~ l:'" \' ""'," -~ , 3~ j, to: .,' I. "'. o,':S',j" " '. .". '::";::'\t,;,~';.;.. ~ . , .'~ . " ....' ".': ' , "". "w..,' ,~ " "'. . :,.,...>~, ' " j " 1 ..' ". , . ." :'.'.,..,-:'~.~::.,- ....~.....~~._'~~....' . '. ,._,_._,,,:,,_P'__~.'__~ ,~."_,'-',.."',.,~~-,,...'.,"'..,~~__._.___:~__ A 4 these provisions. Municipalities shall cooperate with the department by reporting infractions and in implementing this subsection." S206.19, Code (emphasis added). "Shall" imposes a duty under Iowa's statutory rules of construction, g4.1 (30), Code of Iowa. The state Groundwater Protection Act also contemplates cooperative action between the state and local governments in a section entitled "Joint Duties -local authority." "1. All state agencies shall consider groundwater protection policies in the administration of their programs. Local agencies shall consider ground- water protection policies in their programs..... 2. Political subdivisions are authorized and encouraged to implement groundwater protection policies within their respective jurisdictions, provided that implementation is at least as stringent but consistent with the rules of the department." S455E,10, Code of Iowa (1993) (emphasis added). Although complex, the "Pesticide Act" can be summarized as follows: 1. The Secretary of Agriculture and the Iowa Department of Agriculture and Land Stewardship ("department") are designated enforcers of the Pesticide Act. 2. Certificationllicensing requirements. All certified applicators, commercial applicators, certified private applicators and public applicators must first pass a certification exam, given by the department. This certification requirement is broken down into four categories: a. All "certified commercial applicators," defined as those who are in the business of using pesticides on the property of another, Section 206.2(5), Code. ' b. All "certified private applicators," defined as those who use restricted use pesticides on their own property, or who apply the restricted use pesticides to the property of another, but only do so without fee and based on trading of farm commodities, not money, Section 206.2(6), Code. Tests for "commercial private applicator" are limited to farm chemicals, Section 206.5(4), Code. Restricted use pesticides are set forth by state rule - which simply incorporates federal law by reference, see Section 206.20, Code; Rule 21-45.30(206), lAC. I have attached a copy of the referenced federal regulations, for your information. c. A "commercial applicator," defined as one who enters into a contract with another to apply pesticides, in retum for money, but not including a person who applies pesticides as custom farming or as a farm employee, Sections 206.2(9) and .6(3), Code. o , 0, , ,:'. .,: , '.'.,-, ",,' , '. .,.. . , ' Commercial applicators must file a surety bond or liability insurance certificate with the state, Section 206.13, Code. d. "Public applicators" include all governmental agencies, including state, city, county and school districts, together with all such entities' employees. "Public applicators" must be certified regardless of whether they are using "restricted use" pesticides, Sections 206,6(6) and .2(24), Code. e. Persons who do not hold themselves out as being in the business and who do not apply restricted use pesticides do not have to be certified, Section 206.18(4), Code. f. Farmers who treat their own farms are exempt from certification, Section 206.2(3), Code. 3. Definition of "pesticide" follows federal law, with slightly different language, see the City's "commercial applicator" ordinance for the "state language" version (see the "private applicator" ordinance for the "federal language" version). 4. Strict rules apply to pesticide dealers for the labeling, distribution and sale of pesticides. The dealers must be licensed, and all pesticides must be registered, Section 206.8 and .12, Code. 5, The inspection of property to determine whether pesticides have been used in violation of Chapter 206 or in violation of department rules is to be made under the direction of the Secretary of Agriculture, or representative, who must then give notice to the offending party and may refer the matter to the county aUomey where the violation occurred, for prosecution, Section 206.3, Code. This means that the State has the option to investigate violations and refer them to the ,,~'~~"'r Johnson County Attorney's Office - but the State Agriculture Department has never, to , my knowledge, taken advantage of this option. ,\ ' '-'I \\ 6. Termite/pesticide control is similarly regulated for structural application (meaning to \ '~ buildings) but only for commercial and public applicators, Section 206.31, Code. 7. Reports of significant accidents or incidents must be reported to the appropriate state agency (usually DNR), as provided by state rule, Section 206.14, Code. f.1 : 8. Any person claiming damage from pesticide application must first file a report to the ' I' Ii Secretary of Agriculture within sixty (60) days of the damage. The Department may il I suspend, deny or revoke an applicator's certificationllicense, based on such complaint I, if founde~, Section 206,14, Code. This section is most frequently used by farmers. I I 9. A city may maintain a pre-notification registry in lieu of pre-notification signs for pest or '. ~~ I mosquito control as a "public health program" under subrule 45.50(5), Rule 21-45.50(7), 1.1 lAC. Rule 45.50(7) on "Pre-notification registry" is somewhat ambiguous, but seems to : i I ' I I apply only to mosquitoes or other public health program applications, not all , , I , , I "I,:; pesticides, I should point out here that the Law School Clinic's reading of this rule to ;-c~ ,. apply to all pesticide applications varies from my reading herein. 3r~ js ~d, 1 ' ".,: :f~' ''-' . , ;.}."....'.. .' ,',.' ii.,'.." . "';'t', ".\1': , . . 'r~ ,,~, '. i--" , '''' , , "I," ~. . , ._), .......'1... , , , ::.,.... ~~..-.-.'._- ,_..,~,.,..:.......:.~,.,--". . ,. ::. , .. . ,.,--,---,,-~....-......."'''-,'...:....~.-:'.....',. ,,' ". ',', ' ~, . , " _. _ _.____'.~.......~_.........t,''".........._.~.'~...:._.:..:,~, ~_....-,,: --,.:, '.' .'.: , '"..: .- '_;'~"'-.L'" .k',....,,,,.',.'..'.'........,..,,___,.-:.._A,._" 5 ~L~~': : ,'-- ',~" ~ ,-",,- "': ,,/~.,,),,: ".. i I I . ,:,,"; , , ..-"-':"., .-., ."...,.."_..;'-'-,.:,,~,,,.....~._-_... - ^,,~.; ,. .'i'Elf.i:a' , . {,~. {"-., r , c~\ ' \\\ , " '.-, T :"1/'"\' , ' I 1"1 , i I I, I' I' ! ! ~'~ i . i i ': I , r ./ ~.-. '}"/:. , ""~ a' ' .' "" h' 'U \':'"'j ',\\ I 'W\"', L_,""- " " r;.'. " .- o ,', , ." ,',~' ! .' :,d'\'t", .... i.~t.,;-: . ~,' " 'i.' ,'" " " " '. Y'''.l~:" , . ,~I '" . ,. . . ' , ' _-' ,__.......:...~'",)~.;.,.(;.J~" ,.';.v,",,'r....:~:.;.-.::.J,.~.,',;.: .",'.-',._.",...._----~,"....,..,' 6 1 O. Citizens may request commercial or public applicators to receive prior notification of pesticide application by contacting the applicator and providing the citizen's name, address and telephone number, Rule 45.50(7)(c)-(d), lAC. 11. Restricted use pesticides ar,e set forth by state rule - which simply incorporates federal law by reference, see Section 206.20, Code; Rule 21-45.30(206), lAC. I have attached a copy of the referenced federal regulations, for your information. 12. Signs must be posted by public and commercial applicators for schools, parks, golf courses, playgrounds, athletic fields and public rights-of-way, Rules 21-45.50, .50(1)-(6), lAC. 13. The only reference to "household" in all of Chapter 206, together with its regulations, is an obligation for dealers to keep records and make reports on household hazardous substances, Section 206.12, Code. 14. The only reference to "homeowner" or "tenant" is in Rule 21-45.50(206), lAC, which reads as follows: "All commercial or public applicators who apply pesticides within urban areas in municipalities shall post or affix notification signs at the start of the application and for at least 24 hours following the application or longer if required by the reentry directions on the pesticide label(s). The requirements of this rule shall not apply to the application of pesticides within a structure or within six feet of the outside perimeter of a structure and to pesticide applications made by the homeowner or tenant to their property." In sum, in reviewing thirty-some sections of the state statute, namely Sections 206.1-33, Code of Iowa, together with dozens of pages of administrative rules, I found only one mention ofthe word "homeowner" as it related to pesticide application in one paragraph in a rule, as noted above. A rule cannot expand the reach of Chapter 206 and since Chapter 206 as a whole does not attempt to regulate the homeowner, my preemption analysis is unchanged. Finally, Chapter 206 exempts persons who do not use "restricted use pesticides": "1. The penalties ... shall not apply to: 4. ...persons using hand-powered or self-propelled equipment not exceeding seven and one-half horsepower...to apply pesticides to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, as an incidental part of taking care of household lawns and yards provided, that such persons shall not publicly hold themselves out as being in the business of applying pesticides, and that such persons do not apply restricted use pesticides or state rostricted use pesticides, restricted to use only by certified applicators," 9206.18(4), Code (emphasis added). ".. . ... 3B~ ~S". 10, , ' . 11,0 '"......,..': '" , . ,',', .' "t " . \\ j ~ . ." , ':'; ,~, I , j . " : ." ,', ....~-', '('. :" , " " " :.,,';\ l::..~~t': , . , ", '-.,., " , .'..,..':. , ".. " . . , " , i "'" ",".'" ,__..'...'_'--'-."'...,J,.'_~.~..u ;,,". ' . __. .;_..."~'"..."_~_,;,:;.,, _",.~....... ,~!;..; ,~;.;. :,.;L.,. I.J:.:.;;S;.':.... ",'",l'I,"~.C;,..':' ;"', ,.",;...".,;, ,:n.....~_,_ _-" ._:._A 7 There are no Iowa cases interpreting Iowa's Pesticide Act. Without Iowa case law, we must now look to other basic legal principles, including statutory construction, preemption, home rule and federal law. Before discussing these legal principles, a closer look at the legislative history of the Pesticide Act and Senate File 94 is appropriate. V, State Legislative History/Pesticides Prior Attempts to Preempt Iowa City: 1992 and '1993 Sessions After the City Council for the City of Iowa City made it clear in the fall of 1991 they were serious about pursuing local regulation of commercial applicators, the House Energy and Environmental Protection Committee sent an amendment of the Pesticide Act to the Iowa House for passage, and placed H.F. 2093 on the House calendar 1/27/92, see attached. If passed, this bill would have preempted local regulation of private application of pesticides by homeowners, because the bill specifically called out that "private application of pesticides in urban areas" required pesticide dealers to provide pre-notification signs to homeowners and tenants upon purchase, and defined "purchaser" to include "homeowners or tenants for application [of pesticides] to the person's own property or tenancy," see H.F. 2093, p.1. A "purchaser" also would have been required to post signs immediately following the application of pesticides, and the Department of Natural Resources was directed to adopt rules dealing with, for example, specifications for signs such as weather-resistant material, and containing a universal warning symbol, H.F. 2093. ~ , "..--., I, ,', This House bill was debated, sent back to the Environmental Committee, and died in Committee during the 1992 General Assembly session. It seems clear that with considerable specificity as to private applicators, including sign and notification requirements, passage of H.F. 2093 may well have left little, if any, room for local regulation because the state law would have been so comprehensive as to have "filled the field," City of Council Bluffs v. Cain. 352 N.W.2d 810, 812 (1983). However, this House bill was not passed, and the "field of pesticide application" remains limited to three or four categories described above in Section IV, namely public applicators, commercial applicators, certified private applicators of "restricted" use pesticides, and certified commercial applicators. m j' I I', ,I I" !I , 'I ! \ II ~ I, i, :I i I ' i I t t I ~' I i .. ~ Thereafter, S.F. 94 was filed February 1993 and passed by the Iowa Senate during March or April of 1993, see attached. The House passed an amendment to S.F. 94 on April 23, 1993, which would have banned "county legislation" under both the fertilizer (Chapter 200) and pesticide regulations (Chapter 206), see attached. The Senate refused to concur with this House amendment during the 1993 Session, so S.F. 94 remained on the books as "unfinished business," and carried over into the 1994 Session. At the beginning of the 1994 legislative session, S.F. 94 was placed on the House calendar as unfinished business, was "rushed to judgment," and passed by the House January 19, 1994, to become effective July 1, 1994. The Governor has now signed the bill, but I do not yet have an "enrolled bill" which is the official version of the adopted legislation. I expect the enrolled bill to arrive within the next few weeks. , : J ',I, " \~~'-" ,} S.F. 94 passed Januarv 19. 1994 :il , ' ,(~" " ,.., ~\I l~,' :'1:1<l:l',,: 1''1',:;),- -""'<"-" ....-.........- , 38~ Ie ~ ."~-~ : .'~...:: -t~ ~- - :- ' --: ') " I ~d . ;0 ,', ,"'.,," '/5 . .",.', " '.' .. ~ . ',', - ~--~,- """-', 'i', " '".,.. , ,,,--,'Y' I J~,' ,".1,:-, :,.' '. ,.. .'," '",.':" . " .':',)t~,\'i,';,;' ',0. . , .'. , , 1,;1" .I\~t 1 ;, " . .. ::',L ~..,._:.-..;".. '~"":';";"."~',:~....:,"';,;.~,~..,(,.G:~'':i.:;-,~,~".'",,-~,;,~..2:..,..:,_;.._.. ,.....; ...-:,.; " .~' '\1, I, I f.l ! I I I I i I I I , h I"'. 'I i ; I I 'I ! ~i, ,\' ~;~,/ )' ..........\." ~c~-- 3t~ ,I)s':i 0, , ' ,__" ;;...;_~-..........~...~,.......,.......~,'-'-'.>J,.....,l,"'h,'~'~",l~.l:. ~h-"".l".,', ,.2.."'-.-,.-..,"",..__....,~._....~_.__~_.."-=-._,A, 8 As previously indicated to you via separate, memos, S.F. 94, on its face appears to do what the Iowa Legislature intended - to preempt Iowa City from "any and all local regulation of the use of pesticides." The applicable language reads: "Section 2. NEW SECTION. 206.34 LOCAL LEGISLATION. PROHIBITION. 2. The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, ormanufacture of a pesticide. A local governmental entity shall not adopt or continue in effect local legislation relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, ormanufacture of a pesticide, regardless of whether a statute or rule adopted by the department applies to preempt the local legislation. Local legislation in violation of this section is void and unenforceable." S.F. 94, page 2 (emphasis added). It does not require a lawyer to tell you, however, that this highlighted "tag on" or "catch all" phrase appears, at first blush, to sweep all local "pesticide use" regulation under the umbrella of S.F. 94's "preemptive language." That is, this last phrase says that even if a specific state statute or state rule is silent on a local issue, then S.F. 94 nonetheless preempts the local regulation. However, such an attempted "reach" of S.F. 94 fails under well-established principles of statutory construction, and the substantive laws of preemption and home rule. Before proceeding to a more detailed legal analysis, I want to discuss the language borrowed from a Minnesota court case - which seems to have been the model for S,F. 94's language. VI. The Minnesota Example While researching cases on preemption of pesticides from nearby states, I came across a Minnesota decision that was the likely "model" for S.F. 94, Minnesota Aaricultural Aircraft v. Mantrap Township. 498 N.W.2d 40 (Minn. App. 1993). The Minnesota court takes a much broader view of state preemption, and a correlatively narrower view of home rule than does the Iowa Supreme Court. In the Minnesota case, the township's ordinance required a permit for all aerial spraying of pesticides. In a challenge filed by a large aerial aircraft company sprayer, the Minnesota court found that "".the provisions of this [state] chapter preempt ordinances by local governments that prohibit or regulate any matter relating to the regulation, labeling, distribu- tion, sale, hauling, use, application, or disposal of pesticides." Minnesota AQricultural Aircraft, at 42. --- ,='" - [ w- ~~_ : ')-' ..;."';(1,,,' ,:.. .. ".. I , I . ,--I ~~, ~, ,. ,< ~:j: ", " '" , "t ..\\1. . " ,,' "-, .. ',' " , ;, " '," " '.''':,_1, , ..\</ . . {. . .', - ..... ,-'" ."-,",.,,,,~,..'..,_.:~,_. _ '. ,...-._. .,_.._".....~n...~,.~__;:n._ .' ,._...".,.._ ...'.._., ._,.,'~,.~.__"."._._..~:..._ A__ ,~_... , ( .\ .-<'.:.1 ~ \ I \ \, I, I"~ I I i 1 ~. I' _..~.:: ~t~ I .. jj 9 The Minnesota case is easily distinguishable and thus not controlling to answer the questions before Iowa City now, namely whether S.F. 94's broad language preempts local "privatel homeowner application" regulations. For one thing, this case is based on Minnesota law, not Iowa law. More importantly, the Minnesota legislature was preempting the same conduct or activitv which the state already reaulated. namely, the same aerial spraying. Thus it appears that since Minnesota law already regulated aircraft spraying, the Minnesota court's result was unsurprising . but is not supportive of the Legislature's effort to preempt Iowa City via S.F. 94. VII, Legal Analysis of S.F. 94 A. Statutory construction and preemption Basic rules of statutory construction, or in lay terms 'how to read statutes and ordinances so they make sense as a cohesive body of law,' are well established under Iowa law, and are indeed the same as those articulated in the U.S. Supreme Court Wisconsin decision discussed below. These rules of statutory construction are fairly straightforward. For example, where a statute is "plain and its meaning clear," the courts do not search for its meaning beyond the language, American Asbestos v, Eastern Iowa Community Colleae. 463 N.W.2d 56, 58 (Iowa 1990). Words are given their ordinary meaning, absent definition by the legislature or absent terms which are deemed a "term of art" otherwise recognized by the law, lQ" If a statute is ambiguous, the Iowa Supreme Court applies recognized principles of statutory construction: 'We seek a reasonable interpretation that will best effect the purpose of the statute and avoid an absurd result. We consider all portions of the statute together, without attributing undue importance to any single or isolated portion. When more than one statute is pertinent to the inquiry, we consider the statutes together in an attempt to harmonize them. [Cite omitted)" lQ", at 58. Additionally, when a court searches for "legislative intent," the courts avoid reaching results which would lead to impractical or illogical consequences, Olsen v. Jones, 209 N.W.2d 64 (Iowa 1973). The courts also avoid literal constructions that would lead to absurdity or manifest injustice or oppression, Lamb v, Kroeaer. 233 Iowa 730, 8 N.W.2d 405 (1943). Finally, courts will disregard the literal meaning of words of a statute if that meaning is clearly opposed to a rule of reason, In re Licenses for Sale of Used Motor Vehicles. 179 N.W.2d 609 (Iowa 1920), reversed on other grounds 183 N.W.2d 440. When we apply these basic rules to S.F. 94 in order to see whether that new legislation can be read to preempt Iowa City's proposed "private applicator ordinance, such a reading immediately fails the "rule of reason" test because such a reading is contrary to the substantive law of preemption as decided by the state and federal courts, and also by the Attorney General. o ".. . ~d, "". ,,' "":' ,...,.. :m!lim' ( f .\ \ ~ , i I Ii! I I i I~:' :, i I ~~ j~~ f-,r~ '-- " , " ". ), . ., ;. . ' "~I.~;' <, ' . ",\1,. .. ~ . .. I~' / '" , .. ," "", ''';''.' . "i",,\, , t'" . .......:.'..~~L::..'l.,'--""'~..;;;.<,.:-->.:O':M:.. -..:...h....'''-',:'''~ ...:..".'-'....:.~.'.,.."...~:_:~___.,. :"_A 10 Substantive Law of Preemption This substantive rule of preemption is as follows: A state cannot preempt an area of regulation or conduct which the state itself does not address or regulate, see M, Attorney General's Opinion 1-1-92, Benton to Don Shoultz, State Representative, to January 1992. In this Attorney General's opinion, the question presented was whether state or federal law preempted local regulations of pesticide application. Because the Attorney General's Office did not have a specific local rule before it, the opinion was largely advisory. Nonetheless, the Attorney General did conclude that local regulation in areas not addressed by the statutory scheme would not be preempted under state law: "...Iocal regulation in areas not addressed by the statutory scheme set forth in chapter 206 could be appropriate." AG. Opinion, #1-1-92, p. 6. The Attorney General went on to say: 'We do not believe that this conclusion [that federal law preempts local regulation] precludes 2!! regulation of pesticide use in Iowa by local governments. While registration, licensing and certification may be preempted, this does not suggest that ordinances governing other aspects of pesticide use enacted by local governments pursuant to their home rule powers would be prohibited." 0 AG. Opinion, #92-1-1, p. 5. So also, in 1991, the United States Supreme Court in the Wisconsin decision specifically rejected the notion that a state can preempt a subject matter not regulated by the state: "FIFRA nonetheless leaves substantial portions ofthe field vacant, including the area at issue in this case [preemption of local regulation of aerial spraying]. FIFRA addresses numerous aspects of pesticide control in considerable detail, in particular: registration and classification, ~136a; applicator certification, ~136b; inspection of pesticide production facilities, ~~136e and 136g; and the possible ban and seizure of pesticides that are misbranded or otherwise fail to meet federal requirements, ~ 136k. These provisions reflect the general goal of the 1972 amendments to strengthen existing labeling requirements and ensure that these requirements were followed in practice." Wisconsin. at 2486 (emphasis added). The United States Supreme Court in Wisconsin concludes: "As we have also made plain, local use permit regulations - unlike labeling or certification - do not fall within an area that FIFRA's 'program' pre-empts or even plainly addresses. There is no indication that any coordination which the statute seeks to promote extends beyond the matters with which it deals, or does so strongly enough to compel the conclusion that an independently enacted ordinance that falls outside the statute's reach frustrates its purpose." o o " ','" 3t~ r IS ~o') .\ j.' ;~~.~~ '.,," , I' r " .'\ , -'i \ \ \. ,- f,'';..-;';'l ( I- I I I I ~. I' , :<il4 ~'~ .,.''', 1\ " JB~ l!~ I[i ~.. ..\.' i . ~ .., . "r' ,'\\1,',' " '. '~. " .'....\ , ....... . .' ..,...,....._."..........'" ." ,.__..:'~ ~:. .,...'~. ,~.... _ "'~ h....,. "h ~ ___ .~.~_.. _ .. Q 11 Wisconsin. at 2487 (emphasis added). Finally, the highest court in the land finds that the comprehensive nature of FIFRA is not intended to deal with local regulations, for such would be well beyond the scope of the FIFRA legislation: "FIFRA nowhere seeks to establish an affirmative permit scheme for the actual use of pesticides. It certainly does not equate registration and labeling requirements with a general approval to apply pesticides throughout the Nation without regard to regional and local factors like climate, population, geography, and water supply. Whatever else FIFRA may supplant, it does not occupy the field of pesticide regulation in general or the area of local use permitting in particular." Wisconsin. at 2486 (emphasis added). Thus, the U.S. Supreme Court made it clear several years ago that FIFRA was not intended to supplant the entire field of pesticide use, especially where local climate, water and geography may need to be considered, Id. Finally, while the Iowa Supreme Court has not ruled on the preemptive reach of FIFRA's state counterpart, namely the Pesticide Act, nonetheless the Iowa Court agrees with the U.S. Supreme Court in delineating preemption versus home rule powers: "It is a well established principle that municipal governments may not undertake to legislate those matters which the legislative branch of state government has preserved to itself." City of Council Bluffs. 342 N.W.2d 810, 812 (Iowa 1983) (emphasis added). Leqislative Intent Since there remains some ambiguity as to the "reach" of S.F. 94, we must now look to the specific language of S.F. 94, together with other state law to glean "legislative intent." One way to do so is to look at deletions of language in earlier drafts of pesticide or groundwater regulations. In this case, H.F. 2093, filed 1/92, dealt explicitly with the "private application of pesticides in urban areas" and to "homeowners or tenant's ... application to the person's own property or tenancy." While this language was not deleted from S.F. 94 as such, nonetheless one cannot conclude that the Legislature was unmindful of a truly far-reaching legislation. Nor can we conclude that the House was unmindful of its earlier rejection. Having rejected such specific language dealing with "homeowners or tenants," the House has indicated an intent not to regulate private/homeowner pesticide application by their ultimately concurring with the Senate in S.F. 94. In such cases of legislative' deletions, the Iowa Supreme Court has found that such deletions cannot be read back into the statute through interpretation, Chelsea Theater Corporation v. City of Burtinqton. 258 N.W.2d 372, 374 (Iowa 1977) (language deleted from bill to amend obscenity statute revealed intent to exclude the deleted subject matter, so language could not be read back into statute). o , O. " . ".. . () "., .,' ,.".",.;"., .........." '" ;";..' I~ . "',1',- , . "" ., :,..... '-.to' :/ : ',', :'-'\;":""":' ,t'.\l.' ," "., ,',,, '.' '" , ',. " .-<', "'l . .' ". , ' , ' ' : I' . ,.....--'.'.-'----..-.'---...-.-.-.-.":'. " _.';~-~..:~.:..._;.:.;..-.......:,...:...~~....' " ' - ,.' '. . ':' - ~'u_...:....._......,..........,...,.:.o.'.....:~".''''..'"",;:.;..:.".-..;:.'....."'''".,;,;..,,.:.~,_,'...'..,''.::.,..' ,.,"-'I~'."..'.,..,...~~~~~----~-~,'_"_:~.., A "'" ; ~- J: .--.,..1 r \1 \ \ ,~ ~ T' I~ , I , I I I I ! i 'r.' , f{'~ ,I , ; I ; I,! i. ~" ,;I' ; 12 In applying this law to the case before us, it is my opinion that trying to read "private homeowners and tenants" back into S.F. 94 and Chapter 206 would be in violation of Iowa's "rule of reason" and rules of "legislative intent." Moreover and as a practical matter, the State Department of Agriculture has never attempted to regulate private homeowners. Thus, to read S.F. 94 to apply to "private homeowners" would lead to an illogical and impractical result - and a result likely rejected by an Iowa court, Olsen v. Jones, supra. Finally, if a court were to try to give effect to S.F. 94 by preempting all local regulation of pesticides, whether included in the Pesticide Act or not, such a reading would be inconsistent with the "compulsory cooperative agreement" requirement of Section 206.19, Code, and would render such "cooperative" language ineffective, without force and effect and mere "surplusage." This result is also rejected by the Iowa Supreme Court, as well as the U.S. Supreme Court, see State v. Luppes. 358 N.W.2d 322 (Iowa App. 1984); Wisconsin. at 2486. In conclusion, applying both the substantive rules of preemption, as well as the rules of statutory construction, S.F. 94 cannot reasonably be read to preempt "private applicator" ordinances, as Iowa City's version now reads. The question now is whether a closer look at Iowa's "home rule" laws changes this analysis. ".. . ~ ,','. B. Home rule powers In 1968 the Iowa Constitution was amended to give cities broad home rule powers: . "Municipal corporations are granted home rule power and authority not inconsistent I with the laws of the general assembly, to determine their local affairs." 3t~ j 5" lei Article III, Section 38A, the Iowa Constitution (emphasis added). The Iowa Supreme Court has consistently interpreted city home rule powers to be broad indeed, and that limitations on a city's power cannot be implied - those limitations must be explicitly imposed by the legislature, City of Des Moines v. Gruen. 457 N.W.2d 340, 343 (Iowa 1990). Also in 1968 the Iowa Legislature adopted home rule by statute, later codified as Chapter 364, Code of Iowa (1993). Section 364.2, Code defines "inconsistent" .as follows: "An exercise of a city power is not inconsistent with a state law unless it is irreconcil- able with the state law." Section 3,64.2(3), Code (emphasis added). The Iowa Supreme Court has interpreted "irreconcilable" as follows: "Irreconcilable means 'impossible to make consistent. or harmonious' while inconsistent means 'incongruous, incompatible, irreconcilable.' Green v. City of Cascade. 231 N'w.2d 882, 890 (Iowa 1975) (emphasis added). o " '0 I." .,.,',/-", .,.'.' ,.... ...,.-\'.. .,"^' ,.,.'" " .".",'.. .-', .,.'" , '~~. '..". I , ,"I" ".~, . ' " f" . ,," . :.,..~~:.Lfii,~~~~~~-"''".~l:i.~=-:.~;,~L,~'W...,:'G~~~.~c..'~.::,~;,:::.',~<<!.-"",..~,.....~~:._~~,. .- ;',' ~ ' ,< , 13 ,I I 'I 1 ~ I I I , :' t.! When we apply the "irreconcilable" home rule test to the City's "private applicator" ordinance, it is clear that our local ordinance is completely "harmonious" with Chapter 206, since Iowa City's legislation will supplement state regulation, not supplant it, Council Bluffs. at 812. This means that since the state has not "preserved to itself' private/homeowner pesticide use, the City's "private applicator" ordinance is not preempted under Iowa law. , Moreover, the frequently-asserted rationale for state preemption is to assure uniformity of enforcement, Chelsea Theater. at 373. But where, as here, the State has not embarked on regulating privatelhomeowner pesticide application, it would be an absurd result to find that the state now intended to regulate, by omission, private application of pesticides based on mere silence. This simply does not pass the "irreconcilable" test set forth in Council Bluffs, and it does not meet the "need for uniformity" test, because there, are no state regulations with which to be uniform, Chelsea Theater. at 373. Even assuming, for the sake of argument, that "private homeowner pesticide application" is already addressed in Chapter 206, which I seriously dispute, Iowa City is not necessarily precluded from enacting ordinances on matters which are the subject of state statute, Council Bluffs, at 812. The traditional test which courts apply is ",:" "".whether an ordinance prohibits an act permitted by a statute, or permits an act prohibited by a statute." Id. (emphasis added). .,' : Applying this rule to the facts before us, we know that Chapter 206 (Iowa's Pesticide Act) does not attempt to regulate privatelhomeowner application of pesticides. This means that S.F. 94 cannot act to prevent Iowa City's "private applicator" ordinance, as specifically articulated by the Iowa Supreme Court in Council Bluffs, at 812-13. That is, Iowa City's proposed "private applicator" ordinance does not prohibit an act expressly permitted by the Pesticide Act, and conversely Iowa City's "private applicator" ordinance does not permit an act expressly prohibited by the Pesticide Act. Indeed, Section 206.19, Code of Iowa, requires the agriculture department to work cooperative- ly with cities conceming notification signs for commercial applicators. In addition, Section 455E.10, Code of Iowa (1993), as part of the "Groundwater Protection Act" provides that cities are authorized "and encouraged" to implement groundwater protection policies. ,I .........,.. " ' [ " .:~\ ; ~.~ " \ \ \ \ I ! ,:':~-\ ! ' \ In conclusion, the legislature simply cannot have it both ways. If they intended to preempt privatelhomeowner pesticide application, they could easily have done so - as they had attempted to do earlier through H.F. 2093 in 1992. However, since they have not explicitly dealt with "private/homeowners" pesticide application, the state cannot now be heard to say that they really "intended" to regulate those areas simply by stating that cities could not regulate anything. Such reasoning is pure sophistry, and does not win the day under either state or federal law. ' ~ '(~"~:_'~--i .',', ~ - .... ~,- n . "/,,,.; ..,,"...' ,..","..' ;'0"',,), ,:,',:', ,',,'. ',;,".;,,, ,.','~ .' '.., r?.... .:'., .....,'''..'.-. ." . \ ~i, 1"'0"":",,', ' I"""'"'''' /5-' I. '.,."'.,".'. ),," "~~::""~/"'~'" . ~"""."., ,<~,) --,". '. "':" , " , . .' '\~ .. , :",,\,;: " '~ ',.', '.,: , ' ,-~. . . "'. .' . . ... .' ~, "";"'''';..,:'' ,~ : ;, :''-l ~ ", ., .', , . .,' ',:,', , , , . . '.' .' . ." ~ , . , , , ' '. " . _~~::.........,:':";':'."..,.c.;..,~.;.::,..=i":';-.::.':!1~,;;"",-,~','1.':,:i,,,-u::""j,':.:"~,,,,,:..,':"'".,:....".....".::->............:.,~_:.~.::___.n: , , ' . . " " . 'j' ''-''''''''.,'~~':''''':'''''~:';'''''''~-''.'_''--;;~'-':''_'~'' , i , .. '. ~ ",' j .._~ (-....,. ,( r~'\ ' \\ 11 ;t; :!, I I ! I , I~~ I I ' 'I I I, ! II ' , ,,,';- .'\.....' r " .-..'\...". 3r~ I . IS " . ( I .,.... 14 VIII. Conclusions: Private Applicator Ordinance In conclusion, it is my opinion that S.F. 94 does not preempt Iowa City's "private applicator" ordinance, as proposed, and the City is free to go forward with the ordinance, if the City Council so chooses. The state simply cannot have it both ways: they cannot make regulations "uniform" over an area of private/homeowner pesticide application when there are no state regulations dealing with such subject matter. Nor can the state preempt an area not already regulated or reserved to itself. More importantly, the strong rationales for preserving home rule seems to be of prime importance, especially since the City's proposed "private applicator" ordinance is clearly reconcilable with, and harmonious with, existing state law, and merely supplements state law - not displaces it. IX, Commercial Applicator Ordinance Since the "uniformity" and plain language of S.F. 94 appear to deal with existing state regulation of commercial and public applicators, the notification sign provisions of our recently adopted "commercial applicator" ordinance is likely preempted. The same can be stated for the "commerciai registry" provisions. While I can make an argument that statutes cannot be applied retroactively, and our ordinance pre-dates S.F. 94's effective date, nonetheless the conduct (requiring larger signs) which our commercial applicator ordinance regulates will occur after July 1, 1994 - in which case my argument falls by the wayside. There may also be room for argument that sirce state law does not have a "registry" or listing of commercial applicators, that Iowa City's regulation is not preempted - for all the reasons discussed above. However, when we read S.F. 94 together with the complex system of registration, certification by examination, and notification signs for two major users of pesticides, namely commercial applicators and public applicators, an Iowa court likely will find that the legislature has articulated an intent to "fill the field" - at least with respect to commercial and public applicators, Council Bluffs. at 812. As already discussed above, S.F. 94 appears, on its face and as applied to Iowa City's "commercial applicator" ordinance, to be in direct conflict with existing state law on "cooperative efforts," "pre-notification and city registry in lieu of signs for public health programs," and with groundwater protection laws. Whether these "inconsistencies" could rise to the level of a successful court challenge is a difficult call to make at this point. If the City Council chooses to challenge the applicability of S.F. 94 to preempt the City's "commercial applicator" ordinance passed January 18, 1994, I suggest we discuss it in executive session before further action is taken. Finally, I believe the City's attempt to formulate "groundwater protection programs" could possibly "save" the "commercial applicator" ordinance - but we would have to start over. -9--9--9--9--9--9--9--9- o i ' ,,::0.., .. ",:;, ' ',. ',' '.... ~,. I. ....'...,..-- ..."."...... ,,, .'" ,) ,.. .'.' '. " I I I 1 I 10', "\""" .' , :1: I trust this will be of. some assistance to you, and I suggest that we discuss these matters at length in a work session before proceeding. I would also recommend considerable thought and discussion bef.ore moving fOlWard. "! Attachments , I , I " cc: Marian Karr, City Clerk , Steve Atkins, City Manager Dale Helling, Assistant City Manager Doug Boothroy, Director, H&IS Terry Trueblood, Director, Parks & Rec Terry Robinson, City Forester I I l I , t .~,,<;~ .. \" t ;; ;: ?i n:\memo.lpe.t~ld.,lng 1. ", 'i l i N:'~ I I ~I,,,,,; \'t\....... " . _';,',',!J' " , ' fr " , ':,' , .-"' o " , ':', ",":>':' :'" ,:", ,.:,,"'0,',,','" "):'" "/ l""""^ . "~<.",':"';,I ':'..','.,. :,i.! 3r, ):.~~::\; ';:'>~;':;~~'~~\""''''~'.~' :,' ,\' I' ",t5 ."... l :1' I .-' i . , n'o'~, 'I:', ),' :',1 ',',.: " :", \ ':,~,;'~:~':'! ~/"l \ "-',,' " i$zi"" ,0, "~~,> : '''' " , , :"~f;\'I' 'I, , . , ", ..... '..', \ "" .' . . '. ",""'_,~~.,_;~.-'. h_..L'_'~'~':""."_'.f._~.-.:_..,::".c.'_ "..'...,.~_"'~ .~._.,~" ""'-'."~--'" '.,'.,'.....'...,.,..._A,.." ...... '. : ~:&... CITY OF IOWA CITY September 25, 1991 .. Paul J. Papak University of Iowa Law School 396 Boyd Law Building University of Iowa Iowa City, IA 52242 RE: Joint Research Project: Local Regulation of Pesticides (Lawn Chemicals) Dear Paul: As we previously discussed, a solid majority of the Iowa City City Council is interested in pursuing the question of whether the City of Iowa City can regulate lawn chemical applications without running afoul of preemption problems regarding state law, The Council would also like to know just how far the City can go with local regulation, BackQround ...~'.... I, [, .\ \ \ , 'I \ \ i, \ 'j''., I " 'r ~ I .j I . I' I i I , I Sometime last year and in response to a citizen request, the City Manager asked the City Attorney's Office whether the City could dictate the size of the signs which lawn chemical ' applicators are required to place on lawns after spraying pesticides, Dana Christiansen, First Assistant City Attorney, reviewed Chapter 206, Code of Iowa, dealing with regulation and licensing of commercial pesticide applicators, Dana also reviewed the applicable administrative rules, together with a June 1990 Attorney General's Opinion, see attached. While we realize that Attorney General opinions do not have precedential value and thus are not controlling, the courts do grant Attorney General opinion,S .some weight.. Thus, Dana Informed Steve Atkins, City Manager, that regulation of pllsticlde signs was governed by state law, and was likely preempted by federal law. More recently, in a case decided June 21,1991, the United States Supreme Court came to the opposite conclusion, namely that local ordinances regulating pesticides are not preempted by federal law, Wisconsin Public Intervenor vs, Mortier, 111 S. Ct. 2476 (1991), The City Council discussed this case, together with the general subject of pesticide regulation, at a work session on July 22, 1991. The Council expressed Interest In passing some type of local regulation governing pesticides. 3B'~ ---~-m - (&, -- ~g .)~-- 'HONE (11111".'000 'AX(IIII''''IOOl .""'- CIYIC CENTH . 110 eo WAIHINGTON IT, IOWA CITY IOWA 1111001111 u,("' 0 --- " , :!~ ~O ~"J;B',:~&'r-'- " ": ":,\,,::r,'.:.;~: .I" . ',;' "'1 " , '-. \;Ii: , ", I,. "1 .~, ';, . " " .,,' ; I '. ".. """'",' . :. ,:_-~.~_..~_.~.;..~~'",,--'.,--"-..;~~,,:!. ~__,,':'i.~_.~~:.~_~_._ , . . ,'..."...,i:......- " .; ;'..~L...:~~.......,........~-"I-d~:l;;l:;.~'..lI"..<.:~...'""'....,.."'~"'-...._-,..__._,_,.. 'A "..'__....__. , i Paul J. Papak September 25, 1991 Page 2 " I ."..] , , ! Leaal Analvsis Reauest The question the City Council would like answered Is_wheth~r local r~gulatlons are preempted by state law, If not, the Council Is Interested In passing some local regulation liiihilOmi of IDl o1a'inance, ,,: Bill Cook, paralegal for this Office, has gathered a number of "mode'" ordinances, policies and references to legislation on the subject of pesticides: " would appreciate it n your students could review the ordinances and other materials graciously provided by the League of Iowa Municipalities and the National Institute of Municipal Law Officers (NIMLO), see attached: ' Waterloo, Iowa Boulder, Colorado Town of Casey, Wisconsin Portland, Oregon Jacksonville, Florida Los Angeles, California 51. Louis, Missouri Miami, Florida Minneapolis, Minnesota Wilmette, illinois More specifically, the Council would like the following areas id~r Inclusion Inlo a local ~e, and whether such reau!atlon woul~ be oreemeted bv stateJaw: - 1. Require lawn chemical companies to obtain a signature for each chemical application, in order to avoid mistakes such as spraying Ihe wrong house or garden, I , 2, Require larger lawn-warning signs after pesticides have been applied, 3, Registration of persons who want to be notified (see Waterloo sample), 4. Adopt state regulatlo.ns of pesticides as a City ordinance. ~ 5, Central registry with the City of persons who use lawn chemical companies' services. One-day, 24-hou'r advance notice to neighbors of lawn service users or to persons who request notification, prior to spraying, 7. Require notification of neighbors prior to spraying lawns, 6, ~ 3r~ ,( 0 ,i,__ . ~ .,. '..,~' __B -.~ ,'..,.." ~ ...~, J'" ,., "'.~">...O'!:;.'...','::', , ~;',: . "',i' ,:,0 .:' , '1 I.t" ,':'.1" ,',;":', ' '" it' I,"'" , ..,...~ \'{':'1' ~".':..,... .;... :'...~\.. -- ,.1~5': "lf1 . ,.',.d,,;,.',":',r;,'," , ;i Paul J. Papak September 25, 1991 Page 3 ," Bill Cook has also obtained a very large packet of information covering the hazards of pesticides, . which I have forwarded to the City ~anager and Assistant City Manager, for their use. That' packet Is at least two Inches thick, but can be made available to you if you so choose. I have also spoken with an attorney in private practice, Mr. Darwin Bunger, who has been a plaintiff's attorney In several pesticide Injury Cases. He may be available for consultation with your students, 'if requested. He plans to be relocating to Iowa City, Iowa within the next 30 days, so . '.;', you may want to explore this with your students. " I .,,,.j "., '.':'i ";'-~<' 'I '<'/ , ! ,><~ , , Finally, I am enclosing the Work Session summary from the City Council meeting last July and letters sent to the Council. I want to thank you again for your Interest In this Joint project, and look forward to working with you on this particular problem, together with others. Incidently, as has been explained to me by Mr. Bunger, "pesticides. is an umbrella term which Includes herblcldes, Insecticides, rodentlcldes, etc. , . , 'I '~! Looking forward to discussing this matter with you, I am Cordially yours, ..... . ", ....", ':;! ....;.", .-~..;.'.-,-s; ., L nd Newman Gentry City Attorney co: Steve Atkins, City Manager. FYI Dale Helling, Assistant City Manager City Attorney staff Attachments ..... I'~~~:"'''''-- J.."., .1.' .',. " ~-' I . . \ . . .. ... .. n~,1Ir ,'~-~ j' .' f...' ; , 1~.' i . 'I ;::'i · ~ 1\1 I I . r: I j, ""'" ." ~-..,.-c.;. " " ,t~o ~ ~.. " .",.'-." ". .' .' . ~ 3r~,i, . ".,..~.". ........~_ .,.... :':';"~','. ;{i: ". .n..----~...~..,.."",.."'r._:J.",'..t...._._,.I,..I,'.'..,........., . 'I" ""\,,, "0' ";.' ~',: :":"'.j;' .':,::'..:,'.:'",..:-,:>:~',:: ,.,-":t::'a"";'::'::<"~:':"\~::'-": ">... ""'."""',;. "'~'~"5":.i';: ',":> "". ,'.".".,0"." "', JI,., '. ;( "" :.:""".",>,.;:,.,',.".,.:,.,>..,. ,+.' ',: .', ".. ,",.;e,,,,,,..,,..,,,,,:, . '; ~~~~.:.:.:..::.:~' '_' , .. ~--.;,"',' '.' ' '.' " ' . ,'..a....'" ! . I ',: ... . ~, . . . -" ,~' ~.~~J, . "it' "W.,' ". , "" . ," , '.~.';. ". . . . . . ., . ._.._~......__..'.."':"'~,,,,,,,~:..=..:~;;.~w'.:o...,.1..~":J;:':;"...:J.......~~..; _;:'-'-.' Environmental Protedlon Agency ~ 152.175 "'-', I. r , ':~\ 'II ex~eed one.tIfth oC the avian subacute dietar)' LC..: C Hi I ""'hen used according to label dl. rections, application results in residues or the pesticide, its metabolites or its degradation products, in water that equal or exceed one.tenth oC the acute LC" (or non,target aquatic organisms likely to be exposed: or <11') Under conditions oC label use or widespread and commonly recognized practl~e, the pesticide may cause dls. cernible adverse eCCects on non. target organisms, such as slgniClcant mortali, ty or eCCects on the physiology. grollth, population levels or reproduc. tion rates oC such organis!JlS. resulting Crom direct or inellrect exposure to the pesticide, its metaboUtes or Its degra. dation proilucts. (2l Granular product.!. In addition to the criteria oC paragraph (cXl) of this section, a pesticide intended Cor out. door use and Connulated as a granular product will be considered for restrict. ed use" classl!lcation l!: ell The Connulated product has an acute avian or mammalian oral LO" oC 50 mg/kg or less as detennined by ex, trapolatiolj Crom tests conducted with technical material or directly with the Cormulated product; and <ill It is intended to be applied in 0152,171 Rtslrlctionl other than lho~ ft. such a manner that slgnl!lcant expo. lating to use by certlned appllcatorl. sure to birds or mammals may occur. The Agency may by regulation Cd) Other evidence. The Agency may Impose restrictions on a product or also consider evidence such as !leld class oC products l! it determines that: studies, use history, accident data, (a) Without such restrictions, the monitoring data, or other pertinent product when used In accordance with evidence In deciding whether the prod, warnings, cautions and directions for uct or use may pose a serious hazard use or In accordance with Widespread to man or the environment that can and commonly recognized practices or reasonablY be mitigated by restricted use may cause unreasonable adverse use classlllcatlon. eCCects on the environment; and (el .4lternatiL'e labeling language. (1) (b) The decrease in risks as a result IC the Agency determines that a prod. o( restricted use would exceed the de. uct meer.s one or more of the criteria crease in beneClts as a result oC reo o( paragraphs Cbl or (cl of this section, strlcted use. or if other el'ldence Identi!led in para.- graph Cdl of this section leads the 0152.175 Pesticides elaulned for mtricl. Agency to conclude that the product ed use. should be considered for restricted use The follOWing uses of pesticide prod. cla.;silication, the Agency will then de, ucr.s containing the active Ingredients terml:\c if addi:lonallabellng language specified belol\' have been classi!led would be adequate to mitigate the for restricted use and are limited to Id~ntilied hazard(sJ without restricted use b)' or under the direct superVision us" classifica:lon, (( the labeling Ian. of a certified applicator, \ I ~ guage meets all the criteria specUied in paragraph (el(2) oC this sectlqn, the product will not be classified 'Cor re- stricted use, (2) The labeling wlll be Judged ade. Quate lC it meets all the Collowlng cri. teria: C1l The user, In order to follow label directions. would not be required to perConn complex operations or proce- dures requiring specialized training and/or experience. (Ill The label ellrecttons do not e&ll Cor specialized apparatus, protective equipment, or materials that reason- ably would not be available to the gen. eral public. (lll) Fallure to Collow label directions In a minor way would result In Cew or no slgnjClcant adverse efCects. (Iv) Following dlrections for use would result in Cew or no slgnjCicant adverse efCects oC a delaYed or indirect nature through bloaccumulatlon, per. slstence. or pesticide movement from the original appllcatlpn site. (v) Widespread and commpnly recog- nized practices oC use would not nulll. Cy or detract Crom label dlrections such that unreasonable adverse eCCects on the environment might occur. ....7..." . I ' I I I" , i I I '~~ I. ~' /. \ ~ '. I 37 ,_......... ~ c: ~ . .. ~':'n--'. I r .,Q. '.J .... -:--:-:- p-'-... .~, 1 ,,"' . . . ,...._."H"._'~'._.~_" _ RESTRICTED USE PESTICIDES Rule 21-45.30(20), Iowa Administrative Code (lAC), Restricted Use Pesticides Classified. This rule incorporates federal law 40 CFR ~162.31s now changed to 40CFR ~152.175 effective 8/88. (. ( I 31~ .. I 10 ), , " ~ 152.175 40 oa th. I (7.1.92 Edition) . !Iara ~~SSl i i i ~h ~ i I f illl!ih . I : Jl!lll J !llll II I Iii III llh!!ll if J! P i I I, I II! H I 111& H II I I Ils~l~ H 8" a J ,j jJ II I JI ij!j!j 8 Ii j i i 1; Ii; ; I:: ;. .1::::; .... ! , ! 'i! ' !! ; !'! !: '! i!!:! !:! i :; , , " I'., i ! !: . I I 1 1 ~ I j I !' I! ji I I ! I Ii 'i,j d l I ~ I '1IIUlllj! i II Jill U I i I !it, 11J-lliiiiill1lf III ~II . ! , J~h, , " , ~!~~!UidH,H! !!, litH 'j' . i' .. I II II t LJI III jjl ! llIIIF! ! II I! I ! i' 11i,~ Uu~~U ~!i !~1~ Ii II I III J I. !I lilli/II! I!tllli Iii Illll!1 I 11111 llll!lllllll!lllll Ililll!1 Iii lillli!, ~ s ~ !~~ ~~~~ ~ ~~~ ~~~ ~~(~~~~ ~ ~ ~ d ~~ I , i I ii, I I . I! H I III 1111 j I j jj -.:.,i "<,; -':"'--: , .., ! > ,,~ I" [ " .J'1. :'." r-' ,.'. \ , i . 'I : ~ I ! I 38 , , I 1 . "I .. '.1 " .' :>' ..,1 I I " " ""'" ", ').> .~ ~ \'h.:,:. 1,',:0,';..:;:......... '0' 0,1' ': ,l;; , F " ....'. .'_i~:'::~....!:y',' "F<',~;:-"..r""': ... ~.>,..,",.':-: '., . .', '..".,.... ' ,'..'....,.'., ;', '. -" , . '. . .~.' ,;\;;,;V{.' . '.' ' ,,', '. . '; , " '. -.: ',' I I ,;, , , " .'\ ,", '", , " I . I . ,.. . . i f '.., Envll'Ol'lllltnlal Praftcllon AlItney f 152.175 , , , , , t i If ~ A j , ~ u! I' I i I 'f'~ aliil, i. 11 ~ f ~ J f ! ! II fll! ill ill J i i i ill I II! il~l Iii II IsI !i j I Ill! ", Ii!; i i I i I i I II i! Ii" I i j i I I j -.1'1 "111 " Jl ,,1 II" I ~ ' I !I I I HJ r ~ i I ! III i ! I I i I I i 1111 ~~;\ 1 Jill,1 JU1 "", J! ,1 , , ,!U!t ~ flllil i JI~ i! ! !Il: : !illll I: !: ! i I ~ lEi:l i ill Ii llllll,i HiH!d! !~~~ t f I .\ 'a-t,,~ ~ 0 i 'l h -u ,~ 1:l.ll~illOi IPI1 , Ii IG1t I P llf~ PHu Ii IH:h;j~i II!~ i ~ I .!. 1111!1!1 l!ll!li 1!!llllfilllliflll!IIII!11 II l . ,I I ;:, (c~. i ! I, II I ' i I ~ I j d!1l ,.', ,- " -, f j j 8! ~ (, ! l , J I' I ~ ! ~ I 1/ If I '., \, 39 o ... :~_ - '.' ','" )..,'.:;,...,'\',...,. . ,," ..-".',' . -, ',' ....., .".,.,..0,....,. .' .' "' :' '".,'.;; ,~, '.' '.,' , ., .. '. 1 .... .," 3i~ ' " '''....'1 1/;;, 10: l . ""(". I --' - '...:.~-'.-"-.._:.._-_.. '. .", , , '."',"'.~'.' . ',: ",, :'. .., . '.J\" ":',, ';:",:,:',' '":,,,<':.':,-:',' "':':', ::'",\,,;, t,:,:,:,:,,:', ":....,:,,::,::',,:,:,:,:,:::./:':::J,:,>,,::,,,i:,:,,:'/,,'.:,:",~",'~ 16:; '@, .', . , , , ...' ", '-'." ..,..... ',. ., , . :)}~.;,'.ii:: ,\ ' ,\ I ,. ,~' , ': ':; ,'( 'I: -,--,- . ", , .' .." - .--- .., -_......:..:....' ~ 151175 40 Cfl Ch. I (7.1.92 Edltlor · I lJIi ill I I : I, I W! iI III I! ! !/'., !1 s ~ I,~j; 11 gs !h!~h ~l I jll I I!!j IIi U UtUH ik W ~ ~~; ';! ,. I ~il1J~ ~ WHiJJl!, iI, I III 1 I: Ii! . i l i ! I! i 1 : j i j 1\ , I ". ! I ! I : j I! j !: ; j; j II. I- i i i I I! I, i, I i I ! i j i I ; 1 i j If I ill II Ii!! II Ij I i ;!ll I j ~~ I jj j j j ~ ~ ~ ,,~ ~ j HI I rU th I II I I IH, ! h~ -1!' I lIs ! oil, I I tH I I I 'I' i~h J lid, j ,,,~ j till, " "", il!ll ,i Ii! ~nj!::! i H: IfJ I I i Ii jS'fJlii,! ~il It ~~ 1 Ii ~ f! i tif~hf Ii jai11t 111 i.l! {if iJ i ~l HI:th~nI!Q8fIJ2!R !tf:lh J i In!! :, II I I I! 11 I I _'!:. {! !~ ~: ! 5 i! i! " ~ I ti ~ J i i ,j l f I i ~ J ill 40 A ,4 , ,~ ~ (" , , ,,'. , " :\'; :',\ ~. . ) " , . , , " '. .j , '" I ,;,1 i , , ~;'f;'ii)':" ' , " , ,;~, , :'t , ; ',' . , , , ; Envlronm.ntal Proltdlon AlI.ney , f 152.175 '. 1 t i i iff t! II t f If If I-:!ili Is . fIlii III! ,I! I!I 1m! I !ll. ill!!!11 II I!i If:!~f II I ')II!llt!II!I~!tf j~falt ~ ~llf J~ I w~l~jl~ II jj i! il II 'II i ; 11 II "i I I' I I' I , , ~ ,,) ",,),' II I I , . Ii I HI ! , "J;J" !i! !!, II. ,If, iii ,I i'lll~.j~j s II i f JljJ III ii~ ji ~ ~~hA~~llll,;li Ii j j j~;Jli t~i I! Iii lo~ 1 ~ 20!~1 i'l .~ 11) s A ai~~ ~h ~~!: ;j ! j ~~!~~~ ~&~ ~o,~ Ii I; i )1 I j II j .. .'-......, '- I , i J .1., ,_ i ! 3 ! , !> (~ t ,,\ i I r\ l~ I 1 \~ f!~ :~ii ~ H 111fh , ' h= ~hoi& , ,,' H! f,hf~l , ~~.,-s~o~ · ;r 10.>>.1:1 : ~~I i!h~i ! i !. 1~.llJ~ , ~ g~R~-lli~h : I ! p~I.!~Ul~ !k, I, I, ; i i · ! Ii; ~ J " '.'j1 I,' ~' ~k ,~'.'. ); , f', r-lo k \ , ; i i , ' , I I I , : , ' , I Ii I I ; I ! I Ii 41 o i I , ;,::x;:::);,,~',:,,~'~:':';;' " "'.'1 ,.' .. . , ,', , . . '.'.1 , ~. . .._,_...:-.;.;_,-.:..~:"''';A' , , I I j ( " ( '; , 3J~ '1'5'" rEf "', , .,...",...,.,.1". I, .. .. .. . fJ I i ,ssf Ii ! l' 3 H j:~ j ,! ~ 3 !! i ! j t i i i i ; I i II: , , ,'ia I: Ill! II ~ 11111 iJ:H 5 I! III llltl ! I j I, I~t s ~ II J f~ ~ I I II II !fil ; 'II J 1 1111!:l J 1 ~ ~! If 'B I I i Il'IlI ! i j ~! ~ 21f E ~ ~ ~ ~ I~! M~ I ':1 ~! I 'j& l. ;1!, Ift;g~ 1: ii' '":II r , II ;, ., 'j; }l!~! I 1-". 110 I ~ : ~M i f 152.175 , , , I ~-,,<'~ , 9. J .11 :ji I " " -, I , I ~ I , : I -'-" ';,'; . . ,~ ':, . 'r p,~ ':f" ,0" . ".' ,'" ; ;;~ '/: ~ ';1 . .":,; . ,', ; I-' r ' ,. . I:'-'-",~-~----- , , " ,~I" ,'" " ' (, 40 CPR CII. I (7.1.92ldltlot ' , f .'.-' .' " , 42 " ' ..~ 1"":" vel ~:.;'" ,(""., ',1 ',<::. I. ,i " i ""J ;'1 . ,I ,\1 I '.'1 , i :-"j _:.1 I -,!.~ .~ , .' "~ . I~. . ...... : ~i,}i.,' ~",~.tI 1 '~~f(Ii' . t! . i! , I.', ! . ' :.'~' . :..~ ..".. ,'. \1, , " f": 1 .,~'.1,' ..... ", ( .,... i I ~ l) ..... -:' , ~: .\._ .' ,. o '1 An Act relating to the application of pesticides in urban areas 2 and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 , I .'~ , , __"....:...~.-:~~;;.._~A. ?'(' I.'~ J.. i1:,r..1 HOUSE FILE ~ 0 r; 3 BY COMMITTEE ON ENERGY AND ENVIRONMENTAL ( 'lJ92 I.. ni"I~" 0" "IPI' 'hI' I', i.1;I -I ~.11 ..' .' .n. PROTECTIO. , , (SUCCESSOR TO HSB 509) , " Passed House, Vote: Ayes Date Nays Approved Passed Senate, Date Vote: Ayes ___ Nays , ' A BILL FOR ( 0t I , ~ I j&~t . .,//A ~ ~;?/vf' ~ " fi/~/ ,t " f"~:': ,'.~~. ~!'+" ,', '0'''. ". '~1. ....,..' '" ;'''!'.;flF;.~Ia., "';'.;i.i:V~"'" ~ I:"~~,-M' . , '.-f "'~j.!~~", . . ..... ". ',' ",: I~', . ,.... ," 'r"' 1!I.r~ l I , .1 ,.. ., .. 'i'1!l6HV 74 P~/C1:/"~ "9'~: '~.M~ 'p, ~O" -..,.." , ',.' '.' ',:"~:'\"""'" ""'''''','','''''''' ",' '1"",..,:-""1,..0.\ \: """0:"" " 1}5' , .i;"i'\.::~\:i. \;;(. ,", . ~" ,,'>:".:''":c< r.. ,'",',',; ':'::'S',;': ......c_:.', . ",", ;:mtf, '" ,:.'.,1, " '~ H it ~ j ';~ ", , " , 1:'-"'-- ..l' C~'\ \1 \ \ ~ 'I :: I;' ill , II I I b ! I ' i i . Il . t I " \:.1, _:t ~ -..,..:;',' i j ,t.~o' , ", '''or, ., .. '.-".,':.\:.:, .h~",: "'1':,'.. , '~~ , ';, " '" '. '" , " ,.. , . .' ,',. , '.1;, ' :' , , .,:'.:_,;...;._.-.--~,,:,--':'...,..;....:...:....._,:- , " .~_,__:,:",,,,:,':';,_.;"..,_,~-.:.~~,,,,,,,~,-.;.....<-...,:;"''-'"'''' :O' l.. ',.'..<_ :., , , , ." '""~"..__" ',.J.._',"...,__",_,_~_.__...,.__.... S. P. H.P. J.o43 1 Section 1. NEW SECTION. 206.34 PRIVAT~ APPLICATION OF 2 PESTICIDES IN URBAN AREAS -- PENALTIES. 3 1. For the purposes of this section, unless the context 4 otherwise requires: 5 a. "Pesticide dealer" means any person who distributes 6 restricted use pesticides, pesticiae for use by commercial or 7 public applicators, or general use pesticides labeled for 8 agricultural or lawn and garden use. 9 b. "Unreasonable adverse effects on the environment" means 10 unreasonable adverse effects on the environment as defined in 11 section 206.2. 12 c. "Urban" means any area within or belonging to a city or 13 any developed residential area in the state. 14 2. A pesticide dealer who sells pesticides to homeowners 15 or tenants for application to the person's own property or 16 tenancy shall make available all of the following to the 17 purchaser: 18 a. Notification signs to be posted by the purchaser 19 following pesticide application. The notification signs shall 20 meet the specificat~ons as established by rule of the 21 department. 22 b. A form to notify the residents of property contiguous 23 to the property of the purchaser of the application of 24 pesticides to the purchaser's property, including the name of 25 the pesticide to be applied, the date of application, the 26 approximate time of application, the location of the 27 application, and th~ name of the owner of the property to 28 which the pesticide will be applied. 29 c. A listing of pesticides ranked according to a 30 determination of the pesticide's unreasonable adverse effects 31 on the environment. 32 d. A statement of the nitrogen limits established by the 33 department for application of pesticides in urban areas. 34 e. A form which includes an enumeration of the purchaser's 35 duties to contiguous property owners under this section and a I ~ , -1- 3'4 I """ I'J' 0, ,,' " ';"'( 'Il -~ :'~ ~: :),; "," ,," ,:'" ),., ';,,' '1,,0.- ",":1.' .... 31~ I nO' is a ,4. ..... !!i~~r~" .'i.' , . '~;'-"~: ; , ., ,:.,-1-, .... . ,'" ,'-It', ',' "\" " ""1, '" , , , , " ''-,.. " , -,'.., 1 ',... '.. . . .1", . , ' ..^__,_.....~........_...,.__.__..,. , .. ....,---.- "",,,.,,,_,.,,,,,,,,;,'-"-"-"~~'_-"'-":'-"'j.'..,~.'~,,,,,~,,,,--,~,~._'"~-. ....,_ _.u_._~__..~_...'_u_'__..__.._., _ . H.r'. ;l. () i.3 S.r'. " L statement which warns the purcha~er of the penJLtie~ to which 2 the purchaser is subject upon violation of the provisions 3 relating to the application of pesticides under this section. 4 3. A purchaser of pesticides pursuant to subsection 2 5 shall do all of the following: 6 a. Notify residents of property contiguous to'the property 7 of the purchaser of the application' of pesticides a minimum of 8 twelve hours prior to application of the pesticides. 9 b. Apply pesticides in keeping with label directions and 10 with limitations established by the department. 11 c. Post the signs, made avaiiable by the pesticide dealer, 12 immediately following ,application of the pesticide. 13 4. The department shall adopt rules pursua~t to chapter 14 17A to establish all of the following: 15 a. The specifications for notification signs and forms to 16 be made available to purchasers by pesticide dealers pursuant 17 to subsection 2. The specifications for the notification 18 signs shall include but are not limited to a requirement that 19 the signs be composed of degradable weather-resistant 20 material, that the printed type used be easily readable from a 21 distance, that the signs include a universal symbol warning 22 against entry into the area, that the signs be a minimum of 23 six inches square, and that the signs be posted in locations 24 on the property designated by the department. The 25 notification form to be provided to residents of property 26 contiguous to the property of the purchaser shall be a door 27 hanger with dimensions not smaller than three inches by six 28 inches. Information printed on the form shall be in English 29 in not less than ten point type and in Spanish in not less 30 than eight point type. The notification form provided by a 31 purchaser for a multiple family dwelling shall be posted at 32 the entrance of each bUilding. 33 , b. A listing of pesticides ranked according to the h,3~; ,e:,~lc~des' unreasonable adverse effects on the environment. ' c. Nitrogen limitations for application in urb4n areas. (t j""--""-.." '1.\' " . "" ..,. ',; -2- ..1, ., ::~-....L,:" , '0 1 .', o f" ( I .. ~ i ~ ~ [I j i ~ ......;.';.,",:j: . ;'\-",1' ~,:, I: l r~" \ \ 4 . . ;k : 1<' II ~\, 1 ..'~ -.', , , a........~..J "I';~,,\;:( . . ~: "', . "\~~"" , :. ~\l,:, '. .., 't>. '. ,~, "" 1,'. . ; ~ ~ .',: " ;',," """:" ,,;i ' "', . """,,..:.~.'~':'~_ ,_:..;.".'..::~;.;~:.~~,,~',~:i,;~~~;.j~'i:~~"~~~'""'~.";':":':':h"~""'__ _. ,:"_~,-,-__,__~_,,,.,~_"_'''~.'_''''_'''''_~_''''-_.~_'~____~_ . A S.F. ).,oQ.3 H. F. 1 5. A purchaser who does not in good faith comply with this 2 section is guilty of a simple misdemeanor. 3 Sec. 2. NEW SECTION. 206.35 PRIOR NOTIFICATION OF 4 PESTICIDE APPLICATION. S Prior notification of the application of pesticides to a 6 park, playground, athletic field, or golf course in an urban 7 area, whether the application is made by a commercial or 8 public applicator or private person, shall be provided to all 9 residents of property contiguous to the property to which the 10 pesticides will be applied. The owner, manager, qr agency 11 which owns or manages the property to which the pesticides 12 will be applied shall provide notification in accordance with 13 the specifications established by rule of the department. The 14 department shall adopt rules pursuant to chapter 17A to 15 implement this section. A person who does not comply with 16 this section in good faith is guilty of a simple misdemeanor. 17 Sec. 3. NEW SECTION. 206.36 NOTIFI~ATION REQUIREMENTS 18 COMMERCIAL OR PUBLIC APPLICATORS ~- PENALTIES. 19 A commercial or public applicator who violates a 20 notification requirement relating to the application of 21 pesticides to property in an urban area pursuant to section 22 206.19 is guilty of a simple misdemeanor. 23 Sec. 4. NEW SECTION. 206.37 COMMERCIAL OR PUBLIC 24 APPLICATORS -- CONFIRMATION BY PROPERTY OWNER. 25 A commercial applicator who contracts to apply pesticides 26 or a public applicator shall con~irm the proposed applicati~n 27 of pesticides to the land of a private property owner, park, 28 playground, athletic field, or golf course in an urban area, 29 to the owner, tenants of the property, manager, or agency of 30 the land to which the pesticides are to be applied. The 31 confirmation shall, be made at least twenty-four hours prior to, 32 the application of pesticides. 33 , .,'... EXPLANATION 34 This,bill provides requirements relating to the application, 3S of pesticides in urban areas by the owner or tenant of i f" . , o ~ , -3- r,' ,~ : ' .1 '. _. .,1;'''' It" . . " ~;$.~~""~8~ .,...-.1. _w_.. .... . ,:;.l'.,... ....... .', ,,' o " 0', />, ,~,' .' ,- -"-"",..,,. ,,,,, -" .:" .- , ." , ~'5 ,10; -",;, ',"" . " :~ : " '^ . ,~\,:':~'::,:"i':',." ',", ','" " ',;" " '\t",'-, '.,' ,',. w,~~ . ., '",'..' ~~. '" , ,', . " --" ::"'/- ,.. : r.,' . . " " '-, ':' :"", '-'-..l'",- '",' ,.', ,j~',_"",~~,,",,;,-~,""':..1I~;":;~\;',,"<l..i...~.J:..":."~~;"';'::!~"""";';""'-"t.~.~.....~__..,., " ~',_.H._-.:...-.:...~............L..:,..:.~~....;.,...U~"I.~.'.>:~....,.,",,,.,;,.-'-,,__,.-.,,....~,k,.,.;,..".,..,,'.,~..__~__H.._~_A_ ~'" t ....I I I , , ~ ;, ,I II' o S.F. a.F. )., 0 q) 1 property to that property. ~e bill requires pesticide 2 dealers to make available to a purchaser warning signs to be - 3 posted by the purchaser following application of the 4 pesticides, a notification form to be provided to residents of 5 property contiguous to the property to which the pesticides 6 are to be applied, a listing of p~sticides according to their 7 unreasonable adverse effects on the environment, a statement 8 of the nitrogen limitations established for a~plication of a 9 specific pesticide in urban areas, a statement of the duties 10 of a purchaser to residents of contiguous property, and a 11 statement of the penalties for violation of a provision 12 relative to application of pesticides to urban areas. The 13 bill provides requirements for purchasers of ~esticides for l~ urban application, requires the department of agriculture and 15 land stewardship to adopt rules for implementation of the 16 provisions establlshed, and provides that a pur~haser who does 17 not in good faith comply with the provisions relating to 18 application of pesticides to urban areas is guilty of a simple 19 miSdemeanor. 20 The bill also requires notification to residents of 21 property contiguous to a park, playground, athletic field, or 22 golf course located in an urban area prior to application of 23 pesticides by any applicator, and provides that a person who 24 does not comply in good faith with this requirement is guilty 2S of a simple misdemeanor. 26 The bill provides that a public or commercial applicator 27 who applies pesticides to residential property in urban areas 28 without prior notification to owners or tenants of contiguous 29 property is guilty of a simple misdemeanor. The bill also 30 provides for confirmation of pesticide application by a 31 commercial applicator who Contracts with another :Jerson or by 32 a public applicator to apply pestiCides to proper~y owned or 33 managed by the other person 24-hours in advance of the 34 application. ", '1 This bill may create a state mandate ( I I I '., ~, -4- under Chapter 258. tSB SJ96HV 74 Pl!/Cf/24 ..,' 3i~ ' ' 'f.' '..:f~...,.. oJ. ", 'j ~.~, I [J" . I','" , "'" 0 " """ ~' , .'" I.'. ., " , '. ..,. RECEIVED ... .:.. ..r";") .. 'I'i.' . ...,' I . ,I. o 1993 " , SEP 1 5 1993 ' cm AlTORNEY'S OFFice SENATE FILE M BY COMMITTEE ON AGRICULTURE Passed Senate, Date Vote: Ayes Nays Appro\1ed Passed House, Vote: Ayes Date Nays (SUCCESSOR TO SSB 96) .. A BILL FOR t 1 An Act relating to fertilizers or soil conditioners and 2 pesticides by prohibiting regulations by local governmental 3 entities. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 !, 23 Gr ,. \- \ ,.,' I I I ~1 \~~ .J ~ ~ , ~ \' i '{f- o (' " , ' i TLSB 1440SV 7S da/cf/24 3r~ ,',', ' ,', .: . ":",'~'~'~~::i~'~?'~'~:~,'~'-~'\\""':'-""~''::~'"~'''';:,~,' ",',' '\' I I 0 ,n.~,t.':" """'''; 'j ;:) 'j' , ""~ ... ,"'- I' .<~, :',', "".",:,~:,::~~:.~.'t.~'." ~-----------".- ',:' , , ':.i'" .. ,,'... ,:. ~,~ ,,,.'. ' ai",:, ,:"'~:-;;<";', ' ' " : " ! ; , ...... ....-.... '" . .\ .i C~} , :, i:~~ II' ~ I I I I , ...."\.; , :'. ',~ . ,O:~~;j;.:" . ':~; "'.;; ....' . , ,",', ",'......,: '..', ':... ~.,I, , . " , .....~.__~. -".....fu._.....;,/_~_~"t:.;.~,I.'-....1. "".............~_~_ , "", , . _.. "_.,~2,_:.;.._.__...._.........""'""""-"..:'"",,. ""'.c_, _ ,_ J-''' .--"...._,...'''''~.'''.............,,____.......____ S.F. ~ a.F. 1 Section 1. NEW SECTION. 200.22 LOCAL LEGISLATION __ 2 PROHIBITION. 3 1. As used in this section: 4 a. "Local governmental entity" mean. any political 5 SUbdivision, or any state authority which is not the general 6 assembly or under the direction of ,~ principal central 7 department as enumerated in section 7E.5, including a city as 8 defined in section 362.2, a county as provided in chapter 359, 9 or any special purpose district. 10 b. "Local legislation" means any ordinance, motion, 11 resolution, amendment, regulation, or rule adopted by a local 12 governmental entity. 13 2. The provisions of this chapter and rules adopted by the 14 department pursuant to this chapter shall preempt local 15 legislation adopted by a local governmental entity relating to 16 the use, sale, d+stribution, storage, transportation, 17 disposal, formulation, labeling, registration, or manufacture 18 of a fertilizer or soil conditioner. A local governmental 19 entity shall not adopt or continue in effect local legislation 20 relating to the use, sale, distribution, storage, 21 transportation, disposal, formulation, labeling, registration, 22 or manufacture of a fertilizer or soil conditioner, regardless 23 of whether a statute 'or rule adopted,by the department applies 24 to preempt the local legislation. Local legislation in 25 violation of this section is void and unenforceable. ' 26 3. This section does not apply to local leQislation of 27 general applicability to commercial activity. 28 Sec. 2. NEW SECTION. 206.34 LOCAL LEGISLATION 29 PROHIBITION. 30 1. As used in this section: 31 a. "Local governmental entity" means any political 32 subdivision, or any state authority which is not the general 33' assembly or under the direction of a principal central 34 department as enumerated in section 7E.5, including a city as 35 defined in section 362.2, a county as provided in chapter 359, -1- , " , , I , i 1 .... . \' ," ( I , j I I 3'~ o I'" >:,:.91, ;""':~"" .'....".."'."-".... \ I!~"lo, " , \ '... , '~.', ' . "~-" :. f,., 5'M'. :..-,,~ "'" ~,r ..'" -- -- -, ~ 1 : I kl " i j , , "I~ ;......:....../:, .~ ,l'- I,." P"" 1,:i'l\l ::'",l""'" .1,. ---- '., ,', I' .' .' ,~,' ,. .. ;;"". ," ~ ", """1\\;:' . . ..".".l ", , "~' ; " , . ',,: ,"t. . ~ , , '-'-"'.,. ".. . . fl', ~_ "-.~',,-<-~."~','_..,..u.~,,..~--,~r~~"---"\.:-_r..l....... ~~__...............~..__ ',', , . ~ ',' ,,". . ,..-'---,~-, ..,._.u...._..._.'..__~...____~~,.__ ~_.:..,_, ,4 ' S.F. ~ R.F. - 1 or any special purpose district. 2 b. "Local legislation" means any ordi~ance, motion, 3 resolution, amendment, regUlation, or rule adopted by a local 4 governmental entity. 5 2. The provisions of this chapter and rules adopted by the 6 department pursuant to this chap~~r shall preempt local 7 legislation adopted by a local governmental entity relating to 8 the use, sale, distribution, storage, transportation, 9 disposal, formulation, labeling, registration, or manufacture 10 of a pesticide. A local governmental entity shall not adopt 11 or continue in effect local legislation relating to the use, 12 sale, distribution, storage, transportation, disposal, 13 formulation, labeling, registration, or manufacture of a 14 pesticide, ~egardless of whether a statute or rule adopted by 15 th~ department applies to preempt the local legislation. 16 Local legislation in violation of this section is void and 17 unenforceable. 18 3. This section does not apply to local legislation of 19 general applicability to commercial activity. 20 EXPLANATION 21 This bill amends chapter 20q, regulating fertilizers and 22 soil conditioners, and chapter 206, regulating pesticides. It 23 provides that the provisions of the chapters, and rules 24 adopted by t~e department of agriculture and land stewardship 25 pursuant to the chapters, preempt legislative or 26 administrative measures adopted by a local ~overnmental 27 entity, if the legislation or regulation'relates to the use, 28 sale, distribution, storage, transportation, disposal, 29 formulation, labeling, registration, or manufacture of 30 fertilizers and soil conditioners under chapter 200 or 31 pesticides under chapter 206. The local governmental entity 32 is prohibited from adopting or continuing in effect such a 33 measure, regardless of whether a statute or rule adopted by 34 the department applies to preempt it. Such a measure is void 35 and unenforceable. -2- 3r~ o "0' , . " . ., , I .'...,.... ,.,.."""""""" I" . I t. , t;,.1 , . ,rD. , ,I , . ,j~.'_: " 'f'; '" "< ,','.,.,--- .' ,I , I I S.F. 'A H.,'. ( ,; , 1 This bill does not apply to local legislation of general 2 applicability to commercial activity. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , '. j, " :, .. , C;\ \3 i.. I j I.; r; ,.~ ...-- \ \ \ ~ ',1 24 ~ 25 26 27 28 29 30 31 32 33 34 35 \, : I I I r~ , . i il ~p '. " 1 ~-, :i " -3- LSB 1440SV 75 da/cf/24 .' ,~ t: ", . o 31, .".'... , "........,......."..,' '\"';""" :',"I"A',:,- ',........",..,,:'," , .,,"', 0, .: \ '. ~. .. . :t, ~ , ' ! :__.. ",/:~:,: ,"'" ';'.::';,;, . '~ .'.. . "'..:.. r>. ~:.r:.~:'.._.. . '!-', ,.,..-... I ( ,,\ ,-,,\ \ \ \1 \ I, r1- , ( \ 'I . I \ I ~l , ~' I, , "f, ~ ' , ~' I '. , ,~, ' " 'O', "'., ,-f ',.,. . '~f - '~ . " \ 1:1' , ,," '" . '.... .., .- ",' ..-..', .~... . .' .1, . _ .~_ _~ _ .,_ .._...., _....::..,... :.:...:J:__...._ _ ..:....:.:_...".0.-<....."....'''...'''''''..."_...,...._.".'" ":'~ ,:~,.., , ,.,...,.,..'.~'.", '"' ~~_;r____ ..... , . SENATE CLIP SHEET APRIL 23, 1993 .~ ~SE ~NDMENT ro o\\l" SENATE FILE 94 ()Jy, S-359 ~~I 1 Amend Senate File 94, as passed by the Senat'e, as 2 follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. NEW SECTION. 200.22 PREEMPTION OF 6 COUNTY LEGISLATION. 7 1. A. used in this section, "leg~slation" means an 8 ordinance, motion, resolution, rule, or any other 9 enactment adopted by a county board of supervisors 10 except orders given to its employees relating to thei'Or 11 use, storage, transportation, or disposal of a 12 fertilizer or soil conditioner in their capacity as 13 public employees or the approved terms of a service or 14 sales contract between a person and the county 15 relating to the use of a fertilizer or soil 16 conditioner. 17 2. The provisions of this chapter and rules 18 adopted by the department pursuant to ~his chapter 19 shall preempt all legislation adopted by a ~ountv 20 relating to the use, sale, distribution, storage, , , 21 transportation, disposal, formulation, ,labeling, 22 registration, or manufacture of a fertilizer or soil 23 conditioner. A county shall not adopt or continue in 24 effect legislation relating to the use, sale, 25 distribution, storage, transportation, disposal, .6 formulation, labeling, registration, or,manufacture of 27'a fertilizer or soil conditioner, regardless of 28 whether a statute or rule adopted by the department 29 applies to preempt the legislation. Legislation in 30 violation of this section is void and unenforceable. 31 3. This section does not apply to legislation 32 which applies generally to all commercial activity and 33 which is not directed specifically to a matter 34 relating to, fertilizers or soil conditioners, 35 including but not limited to zoning. 36 4; This section does not apply to legislatiqn ' 37 which is required to be adopted by a county tn order 38 to comply with a federal or state statute, ~egula~ion, 39 or rule. 40 Sec. 2. NEW SECTION. 41 LEGISLATION. 42 1. As used in this section, "legislation" means an 43 ordinance, motion, resolut ion ,rule, or any other' 44 enactment adopted by a county board of supervisors 45 except orders given to its employees ~elating to their 46 use, storage, transportation, or disposal of a 47 pesticide in their capacity as pul:1lic employees or the, 48 approved terms of a service or sales contract between 49 a person and the county relating to the use of a 50 pesticide. -3591 206.34 PREEMPTION OF COUNTY -1- o . 0 . '",", t' ~ ... . ..,","-,..,..'''~.".-._-,-...:.._A_ ..... ....-..........., Page 2 , . i ' ,'O, 3i, l'i~ l[J ... "') ~ii_''':i ," r ". ! ! ,I , '" -, (""t,:,,.~ J \\) '.... " ~,:(-. .-;; I ; '\ ,; r g "!r, 'I' ~ ' 'I I I ,I : I !h I I' i I !. " , ~....1. ' ,._.,~- , .~ ,,' *"',,:"':;'/,:1 t , . '" ~ f'!"J .~' "~; , , ....._..~ ',... " .'" . " I , ",::,'..:....;._ '.:- ',' :'--.'-'l~..:~J"'~"~;"~~-!~";'~\"";.'.LJ.L'I"""''<'''"~''''c-:'',,-.....,"......__......~.;.~......_.__~__'---_. . ".. I I ~'l'E CLIP SHEET APRIL 23, 1993 I, ,-; S~3591 Page 2 1 2. The provisions of this chapter and rules 2 adopted by the department pursuant to this chapter 3 shall preemp,t all legislation adopted by a county_ 4 relating to the use, sale, distribution, storage, 5 transportation, disposal, formu~ation, labeling, 6 registration, or manufacture of a pesticide. A county 7 shall not adopt or continue in effect ,legislation 8 relating to the use, sale, distribution, storage, 9 transportation, disposal, formulation, labeling, 10 registration, or manufacture of a pesticide, 11 regardless of whether a statute or rule adopted by the 12 department applies to preempt the legislation. 13 Legislation in violation of this section is void and 14 unenforceable. 15 '3., This section does not apply to legisla tion 16 which applies generally to aU commercial activity and 17 which is not directed specifically to a Matter ' 18 relating to pesticides, including but 'not limited to 19 zoning. , 20 4. This section does not apply to legislation 21 which is required to be adopted by a county in order 22 to compl~ with a federal or state statute, regulation, 23 or rule. 24 Sec. 3. MORATORIUM -- LEGISLATION BY LOCAL 25 GOVERNMENT ENTITIES. 26 The provisions of sections 200.22 and 206.34 27 enacted in 'this Act, shall also apply to other 28 political subdivisions of this state or any other, ' 29 state authorit~ which is not the general assembly or 30 unde~ the direction of a principal central department 31 as enumerated in section 7E.5, including a city or any 32 special purpose district, until July 1, 1994. 33, Sec. 4. PREEMPTION STUDY. The leg~slative council 34 shall establish an interim study committee to examine 35 ordinances ado~ted by local governmental entities 36 other than counties which regulate the use, sale, 37 distribution, storage, transportation, disposal, 38 formulation, labeling, registration, and manufacture 39 of fertilizers or soil conditioners or of pesticides. 40'The study committee shall examine the need to adopt 41 legislation which preempts local governmental entities' 42 from adopting such ordinances. The study committee 43 shall report its findings and recommendations to the 44 Seventy-fifth General Assembly by a date established 45 by the legislative council." 46 2. Title page, by striking lines 2 and 3, and 47 inserting the following: "pesticides." RECEIVED FROM THE HOUSE S-3591 FILED APRIL 22, 1993 : ~,- ~ "i~'-" , "-'" J,,',.,'.'.-'.'.. :"',' .' ,\, ~,I: ,:, " , ~ ': ;" ' ,r;;~l ,..,. :".:"?":,i.::' ,9 ,~~;~" -: ......-.... ......,. Page 3' "'J I I I 1 I ( , ' .' ~ c " c. 'I 3t~ ':'...':'<"'''''.-.:~...... ;,"':" "("~' '. ,I, 5~';:, fo" , ",''''1''-:::''''1.' ,'114 01121 10:49 ,.' .. . t' , .. ,,' , .. 01 S1S 144 0740 , I " ',Ii .' ...., I '~ " ' '-..'. ".' ~ .:' .. ',,"-~--_..-:...:..~~..-,,:, , LBAGUB OF lA MUN I .. r 001 1 in Act relating to fertilizers or soil conditioners and 2 pesticides by prohibiting regulations by local governmental . ' 3 entitles. 4 BE IT ENAC'1'~ BY THE GENERAL ASSEHBLY OF THE S'l'ATE OF IOWA: . , 5 '6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 , ,.' ( . , 1 " ,i ,"-..; '. .- ( ~I~' ..'..,', ,-' \ . \ ~' ",,-,:., !-'''- ( 1 ~ , I , i'l'.'J : !'{" i.l ~ ,~I I~.,~...';,:." i',; , ,:1 , ' ,~, I , , L;. , I o Passed Se~ate, Date, Vote: Ayes Nays Approved .. A Bill FOR ft &llJeIl ..... ., 'fid lIlI*l Eu=j" DittIOl Lcr-illalivt Tcrnakcl SerriceJ s~ liOwI" lo\lt" lR:A IMM INFOA 1'o1i")' At,,!: FA" .'.. : \. F'-a 9 1993 ., ., 'I' I.:....,. ,,~ , " , " S~'l'E FILE ~ BY COMMITTEE ON AGRICULTURE (SUCCESSOR ~ SSB 96) " ... Passed House, Vote: Ayes Date Rays 'J ( :BILL STAMP ' . '7 J{on-lnlmSt '. '.d';'- - Capi:ol File .~..(.'., - - JM'''''CA - --" , IPEF - Jl'ELRA - Ira" "2 ISCSWO l\\'l'CA - p.,oblic WOlb - U:m..,Cille$ -- Ot.~ - ',i,' - - - ~ ~ - - ~... lID TC_ "~ V:C-.."..-... -- . ... . . , :.\"." .' ... .',)/..:".0,."., . ) "_l,>I'.'i\.\ \~/~ ';_1', 'rLSB 1440SV 75 3 da/cf/24 I~ " ,:~.,...'I"...,'''.,.,:''..I''''o'..\\: "'5""'" ':; "'\' ", ': t ~.,/, , "". ""--':. "~'.",'.".-.I ' ;~Ji:lk.tl "; ..-- ,.',"-,_. II r \ ~ , , \ '...... ":f I , I, I I 1 i " I" . ~~ '~: f,.~~' C" \' " r- \J n/~~~ \ '1' 5 ,'l.I, "",, ., " ,~,,'~' i ' , :,',' .' '~ti\' 'I. ,\,' t>- ",. . ,~. , ""0,'. , " '".... . . , :: -., '_.; ;::, '':'';,';... ;.,~', "- .:, ',,;......;.:.'.;,-'--. '.,'~~~.:..~," ,~~ ~--._,....__:.. -.-, . . .____.,_..___._.v._ _~ ~... .~," _ -" ~, .Jor~' .-...,"-..-..,...,....__.._._... A ~ S.F. ~ a.F. .', 1 Section 1. NEW 'SECTION. 200.22 ,LOCAL LEGISLATION ~~ 2 PROHIBITION. J 1. As used in this 8ec~ion: 4 a. "Local governmental entity" means any political 5 SUbdivision, or any state authority which 'is not the general 6 assembly or under the direction of'a principal central 7 department as enumerated in section 7E.S, including a city as 8 defined in section 362.2, a county as provided in chapter 359, , 9 or any special purpose district. 10" b. "Local ieglslation" llIeans any ordinance, motion, 11 resolution, amendment, regulation, or rule adopted'by a local 12 governmental entity. 13 2. The provisions of this chapter and rules adopt~d by the 14 department pursuant to this chapter shall preempt local 15 legislation adopted by a local governmental entity relating, to 16 the use, sale, distribution, storage, 'transportation, 17 disposal, formulation, labeling, registration, or manufacture . ,1. ~ .'':''"" l ..:" 18 of a fertilizer "oi:. so1'1' conditioner. A local governmental \0-.. !......... ... 19 entJ.ty shall.. ~ot:,:adopt- or continuf!'~l~ effec~ local legislation '. Il':'~.~... . 20 relating to the \ ~se, sale, distribuUon, storage, , ..... . ' , 21 transportation; 'disposa~, fo~m4ra~io'ri, labeling, regis~ration, 22 or~' manufac~ure I ~f, a fertilizer or 'soil condi tioner, regardless 23 o~:~hether .a,~ta~ute ~r: rule adopted by'the departmen~ applies 24 ta'preemp~ 'the local legis1ation.~;~~ca1 legislation in 25 vioiatl'ori' of"'thi~ section is void':~hQ unenforceable. 26 3 ..., Thi~ se~tion does not applY' :1:'9 local le~istation of 27 general applicabili~y to commercial' ~ctivity. 28 Sec. 2. NEW SECTION. 206.34 LOCAL LEGISLATION __ 29 PROHIBITION. 30 1. As used in this sec~ion: 31 a. ~Local governmental en~i~y" means any political 32 subdivision, or any state aU~hori~y which 1s not the general 33 assembly or under the direction of a principal cen~ral 34 depar~ment as enumera~ed in section 7E.5, including a city as 3S defined in section 362.2, a county as provided in chapter 359, -1- zoo~ NnR VI dO 3TI~V31 O~LO tt~ 919 I~ 09:0r o 0., ' .. .. ,.. . I .,. . ( , ( ~. ~~~ o ( . . ~ 0, " ,~mi;m ',:'- , /,,' -, ~:, ,-; " ....'. . . '.."':\ ",' ,t'II"" , ",'I .' . ..;/' ... , ,~. ','I" j,.' " ~..I, , '.,.., . .' , ",:",',".' ' " " ,,', , .',',', '- 'oo:':'.. ,.~:'c: '.:',;~:.., ,.. .-".~..' ,,~,~..':"'.'; ..>'::.b:~;:'-~;;;;.'-'!t~,.:.~.,;,,-, L...,..,,'-_,...,. ...-'"....~~_,_~____. ._";,___",__,_"~",.,,,,,,"""{'"''"'L-_''''' ".,'N_,._".. .,_'~_'_~', ..:.,_:..__......._ .I,. 01/21 10:51 ttl SlS ZH 0740 LEAGUE OF IA IIUN S.P. ~ B.F. ... ..... '. (,.. .0....,:. .......::..: '.. r,' [~\\ \'1 " ~>.~~.< , I \ I " I j . I ! I I h , !"~ . (c::? 3g~ )S 10 .' . 1 or any special purpose district. 2 b. "Local legislation" means any ordi~ance, motion, 3 reSOlution, amendment, regulation" or rule'adopted by a local 4 governmental entity. . , S 2. The provisions of this chapter and rules adopted by the 6 department pursuant to this chap.~er shall preempt local 7 legislation adopted by a local governmental entity relating to 8 the use, sale, distribution, storage, transportation, 9 disposal~ formUlation, labeling, registration, or manufacture 10 of a pesticide. A local governmental entity shall not adopt .11 or continue in effect local legislation relating to the use, . 12 sale, distribution, storage, transportation, disposal, : ' 13 formUlation, labeling, registration, or manufacture of a 14 pestiCide, regardless of whether a statute or rule adopted by 15 the department applies to preempt the local legiSlation. 16 Local legislation in violation of this sectio~ is void and 17 unenforceable. 18 3. This section does not apply to local leg~81ation of 19 general applicability to commercial actiVity. 20 EXPLANATION 21 This bill amends chapter 200, regulating fertilizers and 22 soil conditioners, and chapter 206, regulating pesticides. It 23 provides that the provisions of the chapters, and rules 24 adopted by the, department of agriculture and land stewardship 2S pursuant to the chapters, preempt legislative or 26 administrative measures adopted by a local ~overnmental 27 entity, if the legislation or regulation relates to the use, 28 sale, distribution, storage, transportation, disposal, 29 formUlation, labeling, registration, or manufacture of 30 fertilizers and soil conditioners under Chapter 200 or 31 pesticides under chapter 206. The local governmental entity 32 is prohibited from adopting or continuing in effect such a 33 measure, regardless of whether a statute or rule adopted by 34 the department applies to preempt it. Such a measure ,is void 35 and unenforceable. -2- ~.~~ - . .~. -'-. ~.-, 'Q. ;),' ~. . " ' 100. - ( I . I I I I t' ~~;~"'~<d; " . ...., . '';'':,'':;, , _,.i:." :'1:\'5,~:~~\,,::' ,': '''''':'::';', ,'I',,:!'!"" , ~:"..".~.~.~~.:.~i\:;~~:.~""~,,~~~~~;L;~Ji2~',~~~.:;...J2~L;...~.~"~,: " , ,",I ", " ,'t~ I', (I .f' i I. ~. " il , I :~: I : I j I, i ,\, "I,). ~'\..- , , ',' , , , "i,' " , ,. . '. ,I :~" j ,.~::.~_".<:' ,iS~~.:.........:.:......:.....;,;~~",~.:."...--""........"..........,...;...,~........._.....__:......:.__-:_..'. : . " . ,"' i 1 1 !h~. bill' d088 not .apply to local legislation of, general 2 applicability to cc_rcll1'lcUvlty. '. ., . , '3 4 5 6 7 8 9 10.. 11 12 13 14 15 ,16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 - s.r. 'A B.r. '. , . . . '. '. -3- coo~ NRR vr :/0 !111:>V31 .' .. .. '. LSB 1440SV 75 da/ct/24 OHO m gn r,s rg:or o I , ,.:;-,!,:,,:},,;;":,~R,";::;i'~';:", ',.; '",': , ,:~. _.,":',."',,......, '" ". ,~...,.":, 'i '.... .~ I . ... . , . ,. " ( <?~; ~$ , ~~, \:. " C'; . . " r~~~ I ", t. ' 'It..; , '~J; ':. D: ;;:''''''',':':'~''i,j..i <:, I I i I....; ~i , '; ...', ~-.-. \ , \ . ._1 ~ l' ~ :C", 0 "', ........- OAM7" 'i' -, '. : .. -' , . J .'" ':\ ': ~I~ ,'. """"""'.,,/1', t)'.....'''''''..'''"'''' "'"r.'.....'..'....J''''''' "I' \', ': ',,' ': ,:,;,::;',~",',';,.:}:.',-:',.,\., .':,/,;:.):,-.,:{.....' ,:::~:\,..".\_, i"''': '.',," 'r"'."...."', ", ",:::', ',,' ,:.:...;,;:"""".,.,;\0"",,',,,.,(,,,,., "lc:..Q. ,:".,",;': ';i;'''.'''~~;::'; ,....,:..... ,,~ " ,,):,;/-: " ,",' , I,' f. '~ '..:.:",'., ..,{:;:.::/';:,; ',: 1 . I': ,.. \\. ,"j NOTICE OF PUBLIC HEARING , I I I 1 , ,'I , I I I , ! Notice is hereby given that the City Council of Iowa City will hold a public hearing on the 15th day of February, 1994, at 7:30 p.m. in the Council Chambers of the City of Iowa City, 410 E, Washington Street, Iowa City, Iowa, regarding the intent to convey City- owned property consisting of portions of the northern half of Lafayette Street and the ' eastern half of Maiden Lane to Kennedy Plaza, Incoo That vacated portion of the right-of-way no longer serves a public purpose and Kennedy Plaza Inc. has agreed to install public improvements in return for the conveyance, Persons interested in expressing their views concerning this matter, either verbally or in writing will be given the opportunity to be heard at the above-mentioned time and place, MARIAN K. KARR, CITY CLERK , ,I' ,.'~-~ " I\klm\marel,nal , 1 i '....-l' r,:'.~""" \<~',I: \\ " r~:'"" ~ I i I , I , I , I , I I!,' , f': i: II ! I i , l.,,'\ ~",--. ~} I;;:,' ~ I,' ' r,' ~~r:" ...... 3t?fo , " ',,\ ; -: .'. ~ )",.,. .'..'w,'.,-'"",',.""','"','.,, '.',,"':",,:,.,..'.:,:;.::0 .'..'..~'. ,it'.", '\ '. ' ",'. ,., ,,;', ',;,:::,I,"'~'~?;\-,_,;;,i;',;;,~,"...." ",'Y':: ", ' 11 ,J' ;,.;),'"'' ,,c''':'''''' , , , }s<rd; ",--,:,.-",'<,'1, II _C <~__..J_ .. ... \ ,