HomeMy WebLinkAbout1985-06-26 CorrespondenceDALE WIELTRECLIVEjJUN 71985
602 rifth Avenue, Iowa City, Iowa 52240
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Iowa City Council
410 E. Washington Street
Iowa City, Iowa
Dear Council Memberst
June 6, 1985
I am writing this letter to bring to your attention the
dangerous inaccessibility for pedestrians at the inter-
section of Keokuk Street and Highway 6 due to lack of
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sidewalks leading up to the intersection as well as
safe crosswalks. The sidewalks end approximately 25
feet from the northside of the intersection, leaving
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pedestrians to walk in the street and once in the street
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they are forced to cross the ditch that lies in the
median, or be a walking target for traffic. As you well
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know this is an already dangerous intersection with no
turning signals for north and south traffic. I would
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enjoy walking to the bank or K -Mart since I live in this
vicinity, but it is totally inaccessable, there is just
no way to get to these businesses safely if you are a
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pedestrian. I had previously attempted it as a single
pedestrian but now with my 2 month old daughter in her
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stroller it is impossible. I have noticed many other
people attempting to cross this intersection and I feel
that some action should be taken immediately. Please
make this a safer intersection as I know many people
would benefit and perhaps some will be saved injury or
FL
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JUN 101985
CITY. CLERK
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worse. Please contact me concerning your actions taken
against this problem.
Thank -you,
Lori Weitzell
826 Page Street
Iowa City, Iowa $2240
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-500D
December 9, 1985
Ms. Lori Weitzel]
826 Page Street
Iowa City, Iowa 52240
Dear Ms. Weitzell:
Some months ago you wrote concerning the need for a pedestrian
crossing at Highway 6 Bypass at Keokuk Street. The Public Works
Department was asked to investigate different solutions.
If an at -grade pedestrian crossing is provided at Keokuk Street,
the Public Works Department recommends that sidewalks be extended
south along Keokuk Street from Highway 6 to Southgate Street. The
project would also include modifications to the existing storm sewer
and traffic signals. The estimated cost of this alternative is
$25,800.
Another solution would be a pedestrian bridge over Highway 6 similar
to those over Riverside Drive at Burlington and Iowa Avenue. This
would be a very costly project at an estimated price of $460,000.
This project probably will be discussed during the review of the
City's Capitol Improvement Program in January.
If you have any questions regarding this matter, please contact me.
Sincerely yours,
ea] G. Berlin
City Manager
Is
cc: City Clerk
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Ursula Delworth
65 Arbury Drive
Iowa City, Iowa 52240
June 12, 1985
City Council
8 Mr. Neal Berlin
City Manager
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Dear Members of the Council:
fCF�� fOJUN 1 319
85
I would like to bring to your attention some problems with policy regarding
the City Housing Inspection Division. As you know, this Division is
responsible for inspecting and approving rental properties in compliance
with the City Housing Code.
I recently had a property re -inspected, and seven violations were found
that had not been noted when the property was inspected three years ago.
All the "violations" were present at the time of the earlier inspection.
Upon inquiring, I discovered that there is no list of specific requirements
for approval, only the very general statements in the Code. It is
therefore up to the judgment of each inspector to decide upon specific
violations.
In any system, one would expect some differences between evaluators, but
the absence of &= written guidelines, I believe, creates and maintains a
very unreliable system. For one thing, owners are unable to plan ahead to
have items repaired, since they don't know what will be a violation and
cannot consult even a general list. For another, trainees learn what
their supervising inspector thinks is correct, thus perpetuating an
arbitrary system. Most importantly, of course, some serious problems can
go unattended. (In my case, the current inspector believes that several
violations are serious, yet those were approved three years ago.)
Most of us, in our business and profession, follow some set of reasonably
specific regulations or guidelines in making judgments and training others.
It would seem incumbent upon the City to seriously consider development of
such a set of guidelines. This is especially important, I believe, in this
area of public safety, which is a required, not voluntary system.
I would, of course, be pleased to appear before you to discuss the matter
of a reliable and more valid system in more detail.
Sincerely,
UrsulaAk
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CITY OF
IOWA CITY
MCCENIH2 41O E: WASFINGTON Sf. IOW
A CITY. IOWA 52240 (319) 356-50.0
Date 5/9/85
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - —Mainteunce Worker t
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
of Maintenance WOr4ep T/
Larry Laws
Teresa Sladek
Kathryn McNabb
ATTEST:a' �/ �A
ma
r�Tan Karr, City Clerk
Hired: 5/9/85
IOWA CITY CIVIL SERVICE COMMISSION
WA 4M
Bruce L. Walker
John A. Maxwell
Gerald H. Murphy
F
CITY OF IOWA CITY
CMC CENf82 410 E: WASHNGTON ST. IOWA UY. IOWA 52240 (319) 356-5C00
Date 6/3/85
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - Maintenance Worker I1
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
in the order of their standing as eligible for the position
of Maintenance Worker II/ Traffic Enqineerinq
Steven Elliott . Hired:6/3/85
ATTEST: 9Y• emu')
Mar an Karr, City Clerk
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IOWA CITY CIVIL SERVICE COMMISSION
Bruce L. Walker
John A. Maxwell
Gerald H. Murphy
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CITY OF IOWA CITY
CMC C9\TM 410 E: WASHNGTON ST. IOWA CnY, IOWA 52240 (319) 356-5000
Date
5/18/85
TO: The Honorable Mayor and the City Council
RE: Civil Service Entrance Examination - Senior Radio Dispatcher
We, the undersigned members of the Civil Service Commission of
Iowa City, Iowa, do hereby certify the following named persons
In the order of their standing as eligible for the position
of Senior Radio Disnatcherl Police
Nancy Sereduck-Reclassified: 5/18/85
ATTEST:J X . Xctna I
Marian Karr, City Clerk '
IOWA CITY CIVIL SERVICE COMMISSION
a
Bruce L. Walker
John A. Maxwell
Gerald H. Murphy
MARTIN, SWIFT, NADLER & WESTON
ATTORNEYS AT LAW
SLATE 420 PARAMOUNT SO INO j -
OEOAR RAPIDS, IOWA 52401
(319) 366-T qe
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AN ASSOOIATION OF
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SOLE PRACTTONERH
A PARTN
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WRLII.M O. MARTIN ��I — H NADA
STEPHEN A SWIFT HANNA Y. WESTON
716 RNEA STREET i
IOWA CRY. IOWA 62240 )
(319) 3379646
Marian K. Karr .j
City Clerk
City of Iowa City
Civec Center
410 East Washington Street
Iowa City, Iowa 52240 II
June 20, 1985 -- i
Dear Ms. Karr: ,
I am writing as representative for Robert C. Hesseltine
in reference to a new business he wishes to start -- Top Hat
Carriage Service. The business will provide horse drawn
vehicles for hire.
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This letter is an application for designation of a
Taxicab Stand for horse drawn vehicles for hire. Any stand
must be two(2) metered spaces in width in order to assure
accomodation of a buggy, carriage, stagecoach or surrey and
team of horses. Mr. Hesseltine proposes designation of a
stand from among the following:
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1. Clinton Street -- West Side
Between Burlington and Washington streets:
a.South side of Old Capitol Center entrance, or
b.Northt• side of Old Capitol Center entrance,
2. Clinton Street -- East Side
Between Burlington and Washinqton streets:
a. South side of mall entrance, or
b, Korth side of mall entrance. I
3. Clinton Street -- West Side
Between Burlington and Washington streets:
Second parking indentation to the North of
Old Capitol Center entrance.
4. Clinton Street -- East Side
Between Burlington and Washington streets:
Second parking indentation to the North of
mall entrance.
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MARTIN, SWIFT, NADLER & WESTON
ATTORNEYS AT LAW
SLATE 420 PARAMOUNT SO INO j -
OEOAR RAPIDS, IOWA 52401
(319) 366-T qe
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AN ASSOOIATION OF
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SOLE PRACTTONERH
A PARTN
_ ERSHIP '
WRLII.M O. MARTIN ��I — H NADA
STEPHEN A SWIFT HANNA Y. WESTON
716 RNEA STREET i
IOWA CRY. IOWA 62240 )
(319) 3379646
Marian K. Karr .j
City Clerk
City of Iowa City
Civec Center
410 East Washington Street
Iowa City, Iowa 52240 II
June 20, 1985 -- i
Dear Ms. Karr: ,
I am writing as representative for Robert C. Hesseltine
in reference to a new business he wishes to start -- Top Hat
Carriage Service. The business will provide horse drawn
vehicles for hire.
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This letter is an application for designation of a
Taxicab Stand for horse drawn vehicles for hire. Any stand
must be two(2) metered spaces in width in order to assure
accomodation of a buggy, carriage, stagecoach or surrey and
team of horses. Mr. Hesseltine proposes designation of a
stand from among the following:
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1. Clinton Street -- West Side
Between Burlington and Washington streets:
a.South side of Old Capitol Center entrance, or
b.Northt• side of Old Capitol Center entrance,
2. Clinton Street -- East Side
Between Burlington and Washinqton streets:
a. South side of mall entrance, or
b, Korth side of mall entrance. I
3. Clinton Street -- West Side
Between Burlington and Washington streets:
Second parking indentation to the North of
Old Capitol Center entrance.
4. Clinton Street -- East Side
Between Burlington and Washington streets:
Second parking indentation to the North of
mall entrance.
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KARR, Marian K. Horse Drawn Vehicle Company -2-
5. Clinton Street -- West Side
Between Burlington and Washington streets:
Third parking indentation to the North of
Old Capitol Center entrance.
6. Washington Street -- North Side
Between Clinton and Dubuque streets:
Unmetered indentation at West end of Washington
street(only two of what appear to be four stalls)
7. Clinton Street -- East Side
Between Clinton Street and Iowa Avenue:
South end(only two stalls). This slot should not
be the initial designation while Clinton street is
torn up.
The spaces are listed in order from best to worst from Mr. Hesseltine's
point of view. Best means the space is located where foot traffic
from Old Capitol Center or the street mall is likely to be high and
the stand is likely to be highly visible. Also, the stand in any
of the proposed slots will keep any horse drawn vehicle for hire out
of the flow of traffic while loading and unloading passengers.
In addition, I enclose copies of the following applications,
whose originals will be submitted with checks in the appropriate
amounts when the horse drawn vehicle ordinance is passed :
1. Taxicab Company Application(Horse Drawn Vehicle) -- 1
2. Taxicab License Decal Application(Horse Drawn Vehicle) --
3
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3. Taxicab Driver's License Application(Horse Drawn Vehicle)
-- 3
Each application is accompanied by appropriate documents required
to be attached except for the Vehicle Inspection Checklist. This
last item will be submitted with the original applications and checks.
I also enclose the following:
1. Certificates of soundness(3) for eight(a)
horses to be used.
2. Trade name statement filed with the Johnson County
recorder.
The name of the business is as shown on the applications..
The Certificate of Insurance will be corrected to show the correct
trade name.
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KARR, Marian K. Horse Drawn Vehicle Company _3_
If the City requires rubber tires on the vehicles, Mr.
Hesseltine can comply as all of his vehicles have such tires.
However, his veterinarian recommends against using rubber shoes
on the horses, because they are hard on the horses.
Mr. Hesseltine can comply with a distinctive color scheme
requirement by attaching plaques to the sides of the vehicles.
The plaques would be painted black with red lettering.
If the City decides to require fixed routes, Mr. Hesseltine
is prepared to file such routes prior to starting operations. It
is his intention to carry passengers over scenic or historic routes,
for example from downtown through City Park and back to the downtown
horse drawn vehicle for hire stand.
I have already contacted Mr. Cassady about any use of the parks
and will be working with him to iron out any concerns. I do not
foresee any need for changing the park ordinance.
If you, the City Manager, the City Attorney or the City
Council require additional information, Mr. Hesseltine will be
happy to supply it.
Very truly yours,
aa"4-
rles H. Nad er
Nadler S Weston
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City of Iowa City
MEMORANDUM
Sate: June 25, 1985
To: City Council
From: Marian Karr, City Clerk
Dick Boyle, Assistant City Attorney
Re: Taxicab Liability Insurance
If Council wishes to name the City as an additional insured on the liability
insurance for taxicabs the following language has been prepared for consid-
eration:
Sec. 35-32: Liability insurance prerequisite to issuance of
license:
(a) As a condition to granting a license required by this
division the person seeking such license shall file, in
the office of the city clerk, a motor vehicle operator's
liability insurance policy, executed by a company author-
ized to do insurance business in the state, in a form
approved by the city, naming the city as an additional
insured. The minimum limits of such policy shall be as
set forth by city council resolution. Each policy shall
contain the following endorsement:
I.t is understood and agreed that before the insurance
Policy to which this endorsement is attached may be
suspended or cancelled, the City of Iowa City, Iowa,
will be given thirty (30) days' prior written notice of
such proposed suspension or cancellation. It is further
understood and agreed that the obligation of this policy
shall not be effected by any act or omission of the
named insured, or any employee or agent of the name
insured, with respect to any condition or requirement
attached thereto, nor by any default of the insured in
payment of the premium, nor in the giving of any notice
required by said policy, or otherwise, nor by the death,
insolvency, bankruptcy, legal incapacity, or inability
of the insured.
(b) The failure of any license holder to maintain such policy
in full force and effect throughout the life of the
certificate shall constitute revocation of the license.
The ordinance before you does not make any change in the existing Section
35-32 and would require an amendment if Council so wishes.
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City of Iowa City
MEMORANDUM
Date: June 21, 1985
To: City Council
From: James Brachtel, Traffic Engineer
Joe Fowler, Parking Superintendent
Marian Karr, City Clerk
Re: Stand for Horse Drawn Vehicle
We have reviewed the seven proposed sites for a stand submitted by Atty.
Charles Nadler, representing Robert Hesseltine and Top Hat Carriage
Service. We recommend a site not listed, north end of the west side of
Clinton Street between Iowa Avenue and Washington Street (north of the bus
stop), for approval. The City Clerk has contacted Mr. Nadler and he has
advised us this site would be acceptable.
Currently the City has one designated cab stand on College Street for
which City Cab paid $150 for the space, per year. Since Top Hat requests
two spaces we suggest a fee of $300 a year. All taxi permits are effec-
tive March 1 through the end of February. In order to match up existing
March 1 renewals, we suggest pro rating the fee from July 1, 1985 to March
1, 1986 to $200.00 ($25 per month).
Prior to completion of the Clinton Street Improvements project, we
recommend a temporary stand be designated on the west side of Clinton
Street, between Burlington and Washington Streets (proposal s5 of Atty.
Nadler letter).
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City of Iowa city
MEMORANDUM
DATE: June 21, 1985
TO: City Council
FROM: City Manager
RE: Material in Friday's Packet
Memorandum from the Department of Planning and Program Development regarding
update on mortgage revenue bond issuance by the City of Iowa City.
Memoranda from the Department of Public Works:
a. FY86 Asphalt Resurfacing Project
b. Asphalt overlaying of brick streets
Memorandum from the City Attorney regarding Council vote on June 4
re-enacting comprehensive zoning ordinance and map.
Memorandum from the City Clark regarding new retail wine permits.
Copy of letter from Governor Branstad's office regarding the Class A
designation of the Iowa River at Iowa City.
Copy of letter from Governor Branstad's office regarding Senate File
364 --the bili to expand the scope of collective bargaining.
Copy of letter from the University of Iowa regarding hazardous waste
management.
Letters regarding the proposed rezoning of Vista Park Village from
Alicia Werch and Brian Van Ness. These letters will be placed on the
Consent Calendar of the agenda for the next regular Council meeting.
Article: Utility Franchise
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City of Iowa City
MEMORANDUM
Date: June 19, 1985
To: City Coin "� City Manager
From: Don Sch Director f Planning and Program Development
Mary Nuge t, Associ�� Wlanner
Re: Update on Mortgage Revenue Bond Issuance by the City of Iowa City
The City Council has expressed an interest in issuing mortgage revenue I
bonds (MRB's) to assist the community's low -to -moderate income residents
in purchasing single family homes. MRB's are similar to industrial
revenue bonds in that there is a cost savings associated with tax exemp-
tion. The local government issues the MRB's using the proceeds to finance
mortgages at below-market rates. '
STATE PROGRAM
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In the fall of 1984, the Iowa Housing Finance Authority
$200,000,000 in MRS's which provide 30 -year fixed-ratgesissued
$569320 forurexisting homes. Statewidetlenders wi thobranchcofficestInnIowa f
City reported that approximately $11,220,000 of their commitments were
distributed to Iowa City. To date, approximate)
been
used to provide mortgages for first-time single-family Thome b yershin Iowa
City. Most of the remaining funds have been committed to local developers
for new construction or for loans presently being processed.
Review of the State program and discussions with bond counsels and
bonds underwriters suggest that because of the larger volume, the IHFA can issue
working at
less cost effectively inaIowa eCity City. the sstaff ince Irecommends theta the City obe
not
duplicate the State program. If, however, the City thinks that Iowa City
is not receiving a fair share of the State
rocds the City
can reserve a portion of the proceeds from a future IHFA bond issuance.
Unless directed otherwise, the staff will not proceed further in develop-
ing a local MRB program. Please call Mary Nugent at 356-5248 if you have
any questions regarding the MRB program.
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City of Iowa City
MEMORANDUM
Date: June 19, 1985
To: City Council and City Manager
From: Frank Farmer, City Engineer (3 �C y
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Re: FY86 Asphalt Resurfacing Project
The City's asphalt overlay programs began in 1970. Every year since that
time, the Engineering Division has recommended that certain streets be
overlayed. This recommendation is based on a structural and functional
rating of each street considered. Through visual observation by staff, city
streets are rated each year to determine which should be considered for the
overlay program. The structural rating takes into account the quantity,
severity, cause, and type of pavement distress on each street. Pavement
distress includes such things as cracks, dips, displaced joints, and surface
wear. The functional rating classifies each street as an arterial, bus
route, collector, or local. Arterials are given the highest priority, while
local streets are given the lowest.
In general, a concrete street will last 20 years before requiring an asphalt
overlay. In sane cases, concrete streets develop severe cracks and displaced
joints before the end of their 20 year life. This indicates that there is a
sub -base problem that cannot be corrected with an asphalt overlay. If
properly repaired and stabilized, these streets can provide many more years
of service before requiring an overlay.
An asphalt overlay is expected to last for about 10-15 years. In some cases,
the surface of an asphalt pavement wears out before the actual pavement
structure wears out. In these cases, chip sealing is an effective method of
extending a pavement's life.
The asphalt overlay program should be continued on a yearly basis to insure
that the current high quality street surface is maintained.
The Council has allocated $309,000 1n the FY86 Streets Department budget for
the asphalt resurfacing program. This program will include asphalt overlay,
chip seal, and curb and gutter repair. An asphalt overlay consists of
placing two to three inches of asphalt concrete over existing streets to
improve rideability and correct some structural defects. Chip sealing
consists of placing a bituminous binder and aggregate an existing asphalt
pavement to rejuvenate its surface and extend the life of the pavement.
Since chip sealing can significantly extend the life of an asphalt pavement,
this program can postpone the grinding and second overlay of city streets.
The cost of the curb and gutter repair 1s included in the prices listed below
and will be performed by the contractor awarded the project.
It is best not to overlay a street until absolutely necessary because of
additional maintenance problems due to a reduction in curb height. The
streets recommended by Engineering are as follows:
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ASPHALT OVERLAY
Brick Clinton Street
- Benton to Lafayette
f 9 458
T Keokuk Street
Brick Madison Street
- Highway 6 to Highland
- Bloomington North to End
f 34,669
�• T Market Street
- Clinton to Madison
f 12,107
f 29,945
} Capitol Street
Davenport Street
- Davenport to Jefferson
- Clinton to Capitol
f 50,617
Grant Street
- Sheridan to Court
f 12,273
f 41,143
> Lower Muscatine Rd.
- Franklin to Sycamore
f 50 530
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Alternates or Streets to be Added if Funds Remain:
I T Fourth Avenue
- Court Street North to
$ 11,667
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T Governor Street
City High Parking
- Burlington to Jefferson
$ 59,473
CHIP SEAL
Rider Street
- Woolf to Black Springs Cir. $ 6,954
Bayard Street
- Lexington to Woolf
f 1,446
Riverside Drive
- Park Road to Grove
$ 2,888
Ferson Avenue
Lexington Street
- River Street to Park Rd.
- River Street to Bayard
$ 6,537
Oakland Avenue
- Sheridan to Court
f 6,397
$ 6,477
Center Street
- Oakland to Grant
$ 900
Gilbert Street
Market Street
- Kirkwood to Third Street
$ 7,516
- Dodge to Clinton
$ 18
Alternates or Streets to be Added if Funds Remain:
Fairchild Street
- Governor to Dodge
f 2,840
Governor Street
- Bowery to Burlington
$ 19,642
TOTAL $293,965
T - Grind off existing asphalt
before overlaying to maintain
curb height.
This project estimate is approximately $15,000 less than the
total budget for
the FY86 Asphalt Resurfacing Project. There are two reasons for this.
First, some streets may require more sub -base, concrete,
originally estimated since it is
and curb repair than
difficult to estimate the extent of deterio-
ration without first removing some of the existing materials. Secondly,
asphalt prices have varied greatly in
accurately estimate prices.
recent years making
If funds remain, additional
it very hard to
streets will be
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added to the program.
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Engineering plans to bid this project
so that work may begin
in August.
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City of Iowa City
MEMORANDUM
Date: June 18, 1985
To: City Manager and City Council
From: Chuck Schmadeke C9..6j za-
Re: Asphalt Overlaying of Brick Streets
Clinton Street from Benton Street to Lafayette Street and Madison Street from
Bloomington Street to the north end are included in the FY86 Asphalt Overlay
Program. They have deteriorated to the point where major maintenance is
required. It is recommended that these streets be overlayed with asphalt.
The decision to put an asphalt overlay on these streets rather than repair
the brick was based on the following:
1. Both streets are in commercial areas with very little historical signifi-
cance.
2. Clinton Street is on a bus route and Madison Street has heavy truck
traffic which supplies the Iowa City Water Plant with chemicals. Experi-
ence has shown that brick streets do not hold up well under the loads of
heavy trucks and buses.
3. Both streets are isolated; that is, they are the only brick streets in
their respective areas. An asphalt surface will be consistent with
surrounding streets rather than an exception. (The block of Clinton
Street from Lafayette Street to Wright also has a brick surface.)
4. The cost of overlaying both of these streets is approximately $21,600 vs.
$85,000 to repair the brick surfaces.
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City of Iowa City ,
_ MEMORANDUM
DATE: June 7, 1985
TO: Mayor McDonald, City Manager, City Clerk and
FROM:
Karin Franklin, Sr. Planner Et1tVE93UN 1 0
Robert W. Jansen, City Attorney
RE: Council Vote on June 4th Re-enacting Comprehensive
Zoning Ordinance and Map
Question has arisen concerning the validity of the Council vote
on June 4th when the zoning ordinance and map were re -adopted by
the Council. Councilmember Erdahl moved for suspension of the
rule requiring that an ordinance must be considered and voted on
for passage at three consecutive meetings. On roll call vote+
all members voted to suspend the rule thus permitting a vote for
immediate passage.
Following this vote, Mr. Erdahl then moved to separate the voting
on the text and the map. Following this motion, roll call vote
was had on adoption of the text. Unanimous.
Motion by Erdahl then followed to move final adoption of the map
as presented (by Planning and Zoning) with RS -8 zoning designated
for the area north of Shimek School. This would have been a
downzoning from RS -12 to RS -8 thus necessitating a three-fourths
majority under state law requirements since the property owners
had objected. Motion for passage failed (3-4).
Erdahl then moved adoption of the map which designates the area
north of Shimek School as RS -12. Since this did not involve
downzoning, a simple majority vote was required for passage. The
vote for passage fa}led (4-3).
Somewhat confused discussion among the Councilmembers then
ensued. Mr. Erdahl then again moved passage of the map with the
area north of Shimek School designated RS -12. Vote for passage
was 5-2 and the ordinance passed.
A Councilmember has now raised the question that if the Council
votes to suspend the rule requiring passage of an ordinance at
three consecutive meetings, which requires a three -fourth
majority vote of the members of the Council, does the ordinance
itself then require a three-fourths vote for passage?
The answer is no. The applicable statutes are as -follows:
Iowa Code, Sec. 383.: A proposed ordinance or amendment
muste_conss Bred and voted on for passage at two council
meetings prior to the meeting at which it is to be finally
passed unless this requirement is suspended by a recorded vote of
not less than three-fourths of the councilmembers.
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Mayor McDonald, City Manager,
City Clerk and Karin Franklin
June 7, 1985
Page 2
Sec. 2.11 of the City Charter provides: A. Passage of an
ordinance, amendment or resolution requires an affirmative vote
of a majority of the Councilmembers except as otherwise provided
by State law.
Iowa Code, Sec. 414.5 provides: The (zoning) regulations,
restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. In case, however,
of a written protest against a change or repeal which is filed by
the City Clerk and signed by the owners of 20% or more of the
area of the lots included in the proposed change or repeal, or by
the owners of 201 or more of the property which is located within'
200 feet of the exterior boundaries of the property for which the'
change or repeal is proposed, the change or repeal shall not
become effective except by a,favorable vote of at least three-
fourths of all of the members of the council.
In my opinion Sec. 380.3 of the Iowa Code, above set out, only
provides a mechanism for the Council to3ispense with the state
law requirement that an ordinance is not effectively enacted
unless it is given three separate considerations at three
separate council meetings. This Code section does not contain
any requirement that the ordinance tself must also receive a
three -fourth vote for passage. Even though the adoption of the
map is a zoning measure, zoning ordinances never require a three-
fourths vote unless they involve a change in zoning and the
property owners object. As provided in Sec. 411.5 of the Iowa
Code as set out above, Mr. Glasgow, the owner, only objecte3to
the RS -12 designation which was defeated because the three -fourth
vote requirement failed.
As also set forth in the City Charter provision quoted above, all
ordinances or amendments simply require a majority vote unless
otherwise provided by state law, for example, Sec. 414.5 of the
Iowa Code also set out above.
Code Sec. 380.3 is a statutory rule of procedure. State v.
Central States Elec. Co., 28 NW2d 457 (Iowa 1947). As such, a
proce urs ru a onry sets forth the procedure to be followed and
does not deal with the substantive aspect that the rule is
designed to govern. In other words, Iowa Code Sec. 380.3 simply
allows the Council to suspend the three reaoing-three meeting
rule as a means of quicker passage of ordinances. It does not go
ias�
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Mayor McDonald, City Manager,
City CIerk and Karin Franklin
June 7, 1985
Page 3
beyond that to require that the ordinance itself also requires a
three-fourths vote for passage.
As a practical matter the Council often gives an ordinance all
three readings and the following vote on the ordinance is
unanimous. This is simply because if the Council agrees to allow
three readings the Council is usually unanimous on the vote on
the ordinance itself. However, this is not to be taken as
established policy or precedent.
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City of Iowa City
MEMORANDUM
DATI: June 20, 1985
TO: City Council
F10* City Clerk 00
R'' New Retail Wine Permits
New Legislation which gives the private sector the right to sell
wine for off -premise consumption is effective July 1, 1985.
Wine will continue to be sold through State Liquor Stores under
the new "dual" system. Six new retail wine permits and two new
wholesale wine permits will be available July 1, 1985.
I am enclosing some information re the new permits issued by the
State Beer 8 Liquor Control Department. City Councils are required
to act on the appllations for a Class "E", "F", and "G" liquor
license, a class "D" and "E" beer permit, a class "B" wine permit,
as well as the current six licenses and permits already issued.
Enclosures
l
SELZ'ICN I
GENERAL QUESTIONS b ANSWERS REGARDING
NEW RETAIL WINE LICENSES 6 PERMITS
WHAT ARE THE NEW LICENSES?
As a result of legislation passed by the Iowa Legislature, five new combination
retail licenses were created by adding to present retail liquor licenses and beer
permits the right to sell bottles of wine for off -premise consumption. Also
i created was a wine -only permit to allow the retail sale of wine by the bottle for
off -premise consumption. These licenses are designed as: Class "E," "F," and "G"
k liquor license, class "D" and "E" beer permits, and a class "B" wine permit.
Descriptions of these licenses are provided in other sections of this packet.
i See accompanying Summary Chart for further details.
WHEN WILL APPLICATIONS BE AVAILABLE?
City clerks and county auditors will have applications for these new licenses
available by June 1, 1985.
WHAT APPROVALS ARE REQUIRED?
Applications for these new licenses require the approval of your local authority.
v
WHEN WILL NEW LICENSES BE ISSUED AND WHEN CAN THEY TAKE EFFECT?
The Iowa Beer b Liquor Control Department will start accepting applications for
new licenses in June, and will start issuing licenses on July 1st.
WHAT ARE THE PROCEDURES IF I HAVE NEVER HAD A LICENSE OR PERMIT PREVIOUSLY?
Obtain an application from a city clerk or county auditor. Then obtain approval
of your application from the city council or county board of supervisors.
I
WHAT ARE THE PROCEDURES FOR CURRENT LICENSEES OR PERMITTEES TO GET A LICENSE TO SELL
BOTTT'LES OF WINE PRIOR TO OCTOBER 1, 1985?
Current licensees and permittees who wish to obtain a license to sell bottles of
wine for off -premise consumption before October 1, 1985, shall obtain a class "B"
wine permit as a second license. The "B" wine permit will expire when your
current license or permit expires. To obtain a class "B" wine permit, it is
necessary to obtain an initial application from your city clerk or county
auditor; have that application approved by your city council or county board of
supervisors; and obtain a second and separate $1,000 bond.
I i
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SUMMARY CIUWT: RETAIL WINE LICENSES a PERMITS
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p, MTM All TWIN MIKACSO R CNMINATIOM "S•. "!". LIC=INS. An CUSS "a- All -e ISSN ISWITTIn CANNOT �NN
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0
TERRY E. BRANSTAD
GOVERNOR
OFFICE OF THE GOVERNOR
STATE CAPITOL
DES MOINES. IOWA 90319
515 251-5211
June 7, 1985
Honorable John McDonald
Mayor, City of Iowa City
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Dear Mayor McDonald:
We appreciate the concerns you expressed in your letter regarding
the proposed addition of the Class A, designation to the Iowa
River at Iowa City. In response to your request I have asked
the Department to review its position and the basis for it.
Apparently there are a number of reasons for the action to add
the Class A standards for the Iowa River. The initial recom-
mendation for this action stems from an evaluation by the Conser-
vation Commission that there are uses such as canoeing or tubing
being observed at some frequency on the river. Another factor
in a consistently applied concept that rivers in urbanized areas
such as Iowa City, Cedar Rapids and Des Moines are subject to
occasional full body contact even though swimming may not be
encouraged or allowed.
Finally, the Department must comply with the federal law and
regulations. The essence of this point is that rivers must
be designated as fishable and swimmable unless certain criteria
can be met. It appears that none of the accepted criteria can
be applied in this case.
The dechlorination requirement is intended for the protection
of aquatic life. The toxicity of chlorine has been pretty well
established. other cities have expressed their concern for
the costs of dechlorination as well. There is some possibility
for a relaxation of the proposed residual chlorine standard
based on information from EPA. A total elimination of the
requirement, however, would likely not be approvable by EPA.
At this point, the proposed rule changes are being evaluated
in light of all the comments that have been received. The staff
of the Department is preparing a summary of the comments and
their proposed response. In July the Water, Air and Waste
Management Commission will have an opportunity to evaluate
this material and decide upon a course of action. As a com-
mentor, I understand that you will be given a copy of the formal
FALkNICH
Honorable John McDonald
June 7, 1985
Page 2
responsiveness summary as well. I am confident that the Commission
is sensitive to the costs associated with meeting water quality
requirements. I understand Iowa City has made a real effort to
try to find ways to improve its existing wastewater plant. You
obviously recognize your duty to protect the public health and
the environment from the efforts of your city's discharge. The
Commission will, I'm sure, do what it can to ensure that it
minimizes the economic impact of environmental controls while
conducting its responsibility under state and federal law.
Sincerely, A•
Max Miller
Administrative Assistant
MMsvas
j/v3re
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9,-D
TERRY E ORANSTAO
GOVERNOR
OFFICE OF THE GOVER\OR
STATE CAPITOL
DES MOINES. IOWA SO319
515 281-52, 1
June 7, 1985
JECE IVEDJUN 14 1985
The Honorable John McDonald
Mayor of the City of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Dear Mayor McDonaldE
Governor
reggardingBSenate File 364ea-mtheobillPtode pandutheescp of
collective bargaining.
Governor Branstad appreciated receiving your thoughts on this
legislation. Governor Branstad reviewed Senate File 364
carefully and considered the comments you made regarding its
sservices inpthe state. gAslatresult, GovernoraBranstadtdecided
to veto this bill.
Governor Branstad outlined his reasons for this decision in
the attached veto message. You should note that Governor
Branstad expressed serious reservations about the extent to
which this bill would tip the balance of our collective
bargaining law toward labor and result in additional cost to
Iowa taxpayers.
Thanks again for your letter urging Governor Branstad to veto
SF 364.
DEGscd
Enclosure
Sincerely,
Douglas E. Gross
Executive Assistant
4 IK9
The Honorable Mary Jane Odell
Secretary of State
State Capitol Building
L O C A L
Dear Madam Secretary:
Senate Fila 364, an act relating to the scope of negotiation
in public employment contract negotiations, membership in a
bargaining unit, and the remedial powers of the public employment
relations board, is hereby disapproved and transmitted to you
in accordance with Article III, Section 16, of the Constitution
of the State of Iowa.
Senate File 364 is the so-called scope of bargaining bill.
This bill makes substantial
s
teni1974.in Senate File364
Public
Employee
Relations Actwhichwas
modifies chapter 20 of the Iowa Code by substantially expanding
the list of items which are mandatory subjects of public
employee collective bargaining. This bill also makes other
significant changes in the Public Employment Relations Act
including strictly limiting the number of employees who are
exempt from the bargaining process because of their confidential
relaticnship with managers who make decisions affecting labor
relations.
The current Iowa Public Employment Relations Act strikes a
balance between the rights of public employers and employees
under collective bargaining. Chapter 20 strictly defines the
list of items which must be bargained in order to maintain
this balance between employer and employee rights. These
strict limitations on mandatory subjects of bargaining are
appropriate given the fact that the ultimate resolution of
disputes under chapter 20 is binding arbitration.
/019
!I
OFFICE OF THE GOVERNOR
SUTE
Dra MOINES. IOWA 30319
Tie.• L a1..111AC
SIB 281-52.1
eo•,.woe
May 30, 1985
The Honorable Mary Jane Odell
Secretary of State
State Capitol Building
L O C A L
Dear Madam Secretary:
Senate Fila 364, an act relating to the scope of negotiation
in public employment contract negotiations, membership in a
bargaining unit, and the remedial powers of the public employment
relations board, is hereby disapproved and transmitted to you
in accordance with Article III, Section 16, of the Constitution
of the State of Iowa.
Senate File 364 is the so-called scope of bargaining bill.
This bill makes substantial
s
teni1974.in Senate File364
Public
Employee
Relations Actwhichwas
modifies chapter 20 of the Iowa Code by substantially expanding
the list of items which are mandatory subjects of public
employee collective bargaining. This bill also makes other
significant changes in the Public Employment Relations Act
including strictly limiting the number of employees who are
exempt from the bargaining process because of their confidential
relaticnship with managers who make decisions affecting labor
relations.
The current Iowa Public Employment Relations Act strikes a
balance between the rights of public employers and employees
under collective bargaining. Chapter 20 strictly defines the
list of items which must be bargained in order to maintain
this balance between employer and employee rights. These
strict limitations on mandatory subjects of bargaining are
appropriate given the fact that the ultimate resolution of
disputes under chapter 20 is binding arbitration.
/019
!I
The Honorable Mary Jane Odell
May 30, 1985
Page 2
X120
I understand that the proponents of Senate File 364 believe
the courts and administrative agencies have too narrowly
interpreted the statutory language which outlines the mandatory
subjects of bargaining. However, I am concerned that this
bill not only broadly and vaguely redefines these items but
substantially expands the scope of collective bargaining
beyond the items originally included in the Iowa Public
Employment Relations Act.
Of specific concern is an amendment to chapter 20 which would
make subject of bargaining proposals which "reasonably relate"
to wages. This language could be interpreted to broadly
1
expand the meaning of all the items currently in the mandatory
i,
list. Moreover, this definition could reasonably make the
size of classes in our public schools mandatorily subject to
bargaining.
r
In addition, Senate File 364 expands the scope of bargaining
to include items which would likely add to the cost of government
while reducing funds available for purposes other than personnel
costs. Of greatest concern are these additional bargainable
1�
items:
Promotion Procedures
66
t
current promotional procedures are covered by statute and
Merit rules and provide appropriate protections to employees.
j
Adding promotion procedures to the mandatory list of items
subject to bargaining could substantially increase the influence
of seniority on promotion decisions and would be contrary to
fundamental Merit system principles. Promotion of public
employees should be done on the basis of the employee's
ability to do the work. And, in order to accomplish that,
public employers must have the flexibility to maks promotion
¢%
decisions without strict limitations placed in collective
bargaining contracts.
Criteria for staff reduction and recall
Under the present law, staff reduction procedures are already
mandatory subjects of bargaining. However, Senate File 364
!
would require public employers to bargain over decisions to
initially implement a staff reduction. Public employers need
I �
to retain the ability to order a staff reduction when necessary.
X120
The Honorable Mary Jane Odell
May 30, 1965
Page 3
Senate File 364 would restrict public employers' abilities to
make those kinds of essential determinations and could result
in a budget crisis if needed staff reductions are prohibited
by bargaining contract.
Minimum Equipment and Staffing
Senate File 364 would require the employer to bargain over the
type of equipment that would be provided to employees and the
staffing levels which are required at public work places. The
ability to determine staffing levels and appropriating equipment
is essential to a public employers ability to operate government
efficiently. This language could, for example, make mandatorily
subject to bargaining the number of police officers assigged
to each patrol car. Management must retain this essential
right to control staff and to make staffing decisions.
Senate File 364 would also expand the list of items in a
number of other areas which would reduce aeeded management
authority. Expanding the scope of collective bargaining t.
require negotiation on these topics could substantially ti.
the delicate balance in our existing Public Employment Rel4tions
Act toward the side of the unions. While I understand thu
interest among public employees to have input into personn,l
decisions in a number of these areas, it would be inappropriate
to require public employers to bargain on each of these items.
At the present time, public employers can permissibly bargain
many of these items and, in the case of state government, a
number of items included in Senate File 364 are already
negotiated.
However, the state should not mandate that these items be
negotiated by city and county governments and schools districts.
This would violate fair play toward these local units of
government.
In addition, Senate File 364 also substantially limits the
number of employees who are exempted from the bargaining
process because of their confidential relationship with stats
managers. Currently, the employees of the Iowa Merit Employment
Department are appropriately exempted from collective bargaining
because of their confidential relationship with those involved
The Honorable Mary Jane Odell
May 30, 1985
Page 4
in management decisions. The modified definition of confidential
employee included in Senate File 364 could extend union
coverage to many of the Merit Department's employees and other
confidential employees which could severely restrict the
ability of management to efficiently provide information and
services to those involved in the collective bargaining
process.
In short, Iowa's present Public Employment Relations Act
strikes a delicate balance between management and union
rights. To maintain this balance is critical to the smooth
functioning of government at both the state and local levels.
Current laws work quite well in meeting that goal and should
not be altered at this time. Moreover, this bill would
substantially tip the balance in favor of the unions by
significantly adding to the items which must be made subject
to collective bargaining. These items could substantially
restrict eability
and
effectively managegovernmentcand ptoyefficiently
control costs for Iowa
taxpayers.
For the above reasons, I hereby respectfully disapprove Senate
File 364.
TEB/ps
very truly yours,
Terry E. Branstad
Governor
/071
The University of Iowa
Iowa Clry, lows 5222
I
A 'A" President for Finanoa
?
and Univareiry Services
P
June 12, 1955
Neal Berlin
City Manager
Civic Center
Iowa City, IA 52240
Dear Neal:
In response to your letter of May 24, enclosed is a
memorandum from David W. Drummond, Director of the
University's Environmental Safety Program. The memo briefly
describes the process of hazardous waste management at the
University.
I should add that the University is in the process of
developing specifications for an enhanced waste disposal
system at the Oakdale Campus. We have devoted substantial
effort and money over the past years to insuring our
compliance with all federal and state regulations pertaining
to the management of hazardous waste.
Should you have any further questions, please feel free
to call me.
2eyi. Mahon
oc to Vice President and
Acting Treasurer
cc: D. C. Spriestersbach
Bill Twaler
Dorsey D. Ellis
/o7so
The University of Iowa
laws Ot lows 54442
Environmental Health and Safely Office
North Hall
(819) 75&5125
MEMORANDUM
June 10, 1985
TO: William E. Twaler
FROM: David W. Drummojr-),,._
SUBJECT: Management of Hazardous Waste at The University of Iowa
aT+
Hazardous waste is collected from laboratories, shop& and other sources by the
Hazardous Waste Managemant Program of the Environmental Health and Safety
Office. The wast" are transported in a specially equipped truck. to storage
facilities on the Oakdale campus.
Nearly all the wastes are collected from the storage facilities by licensed
contractors and transported to licensed treatment or disposal facilities.
All appropriate facilities at present are located outside of Iowa. A few
waste materials are treated by staff at the Oakdale facility to render them
innocuous. Materials are recycled whenever feasible.
The Hazardous Waste Management Program is operated in compliance with
federal and state regulations and is periodically inspected by federal
and state officials. Approximately 40 tons per year of hazardous waste
are handled by the Program.
DWD/gk
f
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RECEIVLJJUN 4i tyd5.
Jure :S. "1385
oedr i-0dVit` i`iCUtiiid id
As a resident of Court Hill Section ILA 1 would like to
thank you for the time and consideration you have given to
the or`oposed rezoninq of the :and for Vista Park Villace.
We appreciated the chance to oresent cur concerns to you at
the Public Hearing or. June 18th. We also aporeciated your
Questions or. some of the crucial issues.
1 feel our concerns have been made clear to you. so
would simuly like to invite you to drive throuch our
nei;hborhood and examine the size and duality of our homes
art--' lots. Then, drive down Scott Blvd. and try to imagine
30 houses and a Breen space on the or000sed Vista Park
Village site.
qny rezoning is to be in the best interest of the
Public. In this case, it is clear that this project is only
in the best interest of Mr. Glascow and Mr. Herschberger. It
is definitely not in the best interest of the surrounding
home owners.
1 urge you to vote in the interest of the established
home owners of Court Hill Section IIA. Thank you very much!
Sicerely,
U11 e�w�Li\
Alicia Werch
i
I ME
June 19, 1985
City Council
Civic Center
410 E. Washington St.
Iowa City, IA. 52240
_ IIF
AECEIVEDJUN a 11985
Dear Council Members,
I am writing to attempt to summarize the major issues and the concerns on the
re -zoning and planned development of Vista Park, on the east side of Iowa City. As
a concerned resident of the area, I attended the council meeting of June 18, 1985, in
which a number of residents expressed their concern about the proposed development
during the public hearing. I believe a number of the Ienghty discussions can be
summarized briefly.
I believe the issue of assessing current residents of the area for the street
construction can easily be dismissed. As it was clearly pointed out there has been
no formal escrow account established; there was no formal agreement made with the
city; there was only an informal personal exchange of money to a few selected
original homeowners. I think you must agree that the current residents have no legal
responsiblity in funding future development of the street in question. For this
reason this issue is irrelevant and need not be discussed further in this letter.
c: The second key issue is the nature of the planned construction and its
consistency with the current neighborhood. Again, it was made clear both by the
C; residents of the area and the developer himself that there is an enormous difference
between the current housing and the proposed development. The size of the lots (avg.
6800 vs 12,000 sq. ft.), the size of the homes ( avg. 950 vs 1400 sq, ft), the
manner in which they will be constructed ( proposed zero -lot line, most with no
basements) can in no way be considered consistent with the existing neighborhood.
l The fact that zero -lot line homes are proposed is by itself an indication that the
developer is interested in high density housing with the most profit for himself. To
reiterate a point made at the hearing, if the average lot size of the existing
housing is used to develop this area, only 16 homes would be built, instead of the 30
now proposed, a clear discrepency. One might also question the proposed need for
additional 'Affordable housing' given the current glut of homes on the market, as
E well as the unsolved problem of sewage treatment or disposal in Iowa City.
Perhaps the key issue is not whether the proposed housing is consistent with the
existing neighborhood, for clearly it is not, but what its impact would be.
Certainly the current home owners have nothing to gain from such a development, and
as was evident by the presence of a large number of homeowners at the public hearing,
there is a real objection to the proposed development. I can appreciate that as an
elected official you have been given the right to exercise your judgement of the
issues. However, as members of an elected body which has a responsibility to
represent the people of Iowa City, I believe the Council has an obligation to
seriously consider the views of its constituents. It sould be made clear that we do
not necessarily object to the development of this land, but are concerned that
consideration for maintaining the value, the appearance and living quality be given.
There is no doubt that these will be compromised by the high density, low cost
housing proposed.
/as/
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