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HomeMy WebLinkAbout2003-07-15 Ordinance Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ01-00013) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 6.1 ACRES FROM COUNTY RS, SUBURBAN RESIDENTIAL, TO CI1, INTENSIVE COMMERCIAL, FOR PROPERTY LOCATED WEST OF DANE ROAD, EAST OF MORMON TREK BOULEVARD EXTENDED. WHEREAS, (Harold) John Dane has applied for the annexation and rezoning of approximately 6.1 acres of property from County RS, Suburban Residential, to CI1, Intensive Commercial; and WHEREAS, this property has been identified by the City as appropriate for commercial development; and WHEREAS, the extension of Mormon Trek Boulevard, planned for construction in 2003, will provide the urban infrastructure to suppod commercial development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ,S~C~LL~E~,D~AL. The property legally described below is hereby redesignated from RS, Suburban Residential, to C11, Intensive Commercial: In Section 20, Township 79, Range 6, that part of SE NE S of Rd Exc That Part DESC as AP#2 in Bk 871 PG 204; AND EXC that pad lying within the survey Rec in Bk 42 Pg 19 of JC Recorder Desc as the Runway; Said parcel is also identified as Johnson County Parcel #1020176009. 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 the final passage, approval and publication of this Ordinance as provided by law SECTION III CFRTIFICATION AND RECORDING The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, 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SECTION IV REPEALER All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.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. SE'VF:RARILITY. 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 FEPECTIVE F)ATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR ATTEST: CITY CLERK City Attorney's Office Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 5/20/03 Voteforpassage:AYES: Vanderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab. NAYS: None. ABSENT: None. Second Consideration 6/10/03 Voteforpassage:AYES: V'anderhoef, Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab. ABSENT:' None. Date published Prepared by: John Yapp, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5247 (REZ03-00013) ORDINANCE NO. AN ORDINANCE CHANGING THE ZONING DESIGNATION OF APPROXIMATELY 144 ACRES FROM COUNTY CH, C2, R1A, RS, AND A1 TO P, PUBLIC; CH1, HIGHWAY COMMERCIAL; C1-1, INTENSIVE COMMERCIAL; AND IDRS, INTERIM DEVELOPMENT RESIDENTIAL, FOR PROPERTY GENERALLY LOCATED EAST OF HIGHWAY 218, WEST OF THE IOWA CITY AIRPORT, AND BOTH NORTH AND SOUTH OF HIGHWAY 1. WHEREAS, the City is coordinating and initiating the rezoning of approximately 144 acres of land in conjunction with the annexation of said properties; WHEREAS, the City consulted the Southwest District Plan and South Central District Plan, which are part of the Comprehensive Plan, in considering appropriate zoning designations; and WHEREAS, the Iowa City Airport owns properties being annexed to the City of Iowa City which should be zoned public to reflect public ownership; and WHEREAS, the City has identified the properties east and west of the Mormon Trek Boulevard Extension as appropriate for commercial development; and WHEREAS, the extension of Mormon Trek Boulevard, scheduled for construction in 2003, will provide the infrastructure to support commercial development in this vicinity; and WHEREAS, to address concerns with entranceway aesthetics along the Highway 1 frontage, the property owners of undeveloped private property which front on Highway 1 have agreed to a conditional zoning agreement defining setback and appearance considerations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ~F~TION I APPR('3VAI A. The privately-owned properties on the north side of Highway 1 being annexed, legally described as follows, are hereby redesignated from County CH, Highway Commercial, to C1-1, Intensive Commercial. COM 300' S OF NE COR S 89° W 25.5', S35o W 999.95', S 45° W 196.67' TO POINT OF BEG., THENCE S 45° W 159.31' S 26° W 229.95' N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO POINT N 54° W TO BEG, identified as Johnson County, Iowa parcel #1020105002; and COM 300' S OF NE COR 20-79-6 S 89° W 25.5', S 35° W 893.31' TO POG, THENCE S 35° W 106.64', S 45° W 196.67', N 54° W TO W LINE E% NE, N ALONG SAID W LINE TO PT N 54° W OF BEG., S 54° E TO BEG, identified as Johnson County, Iowa parcel #1020105001. COM 300' S OF NE COR SECTION 20, T79N, R6W, S 89° W 25.5', S 35° W 999.95', S 45° W 355.98', S 26° W 229.95', S 540 W TO C/L HWY, SWLY ALONG C/L 140' TO POINT OF BEG, THENCE SWLY 170', N 54°, W TO W LINE E % NE, N ALONG W LINE TO POINT N 54° W OF BEG., S 54o W TO BEG, identified as Johnson County, Iowa parcel #1020177002. B. The properties controlled by the Iowa City Airport, legally described as follows, are hereby redesignated from RS, Suburban Residential; R1A, Urban Residential; County CH, Highway Commercial; and C2, Commercial to P, Public: Commencing at the northeast corner of Section 20, Township 78 North, Range 6 West of the 5th P.M., thence south 300.00 feet, thence south 89 degrees 52 minutes 00 seconds, west 25.50 feet to the northwesterly right of way line of Iowa Highway #1, thence south 35 degrees 20 minutes 00 seconds west 999.95 feet, thence south 45 degrees 51 minutes 15 seconds west 355.98 feet, thence south 26 degrees 44 minutes 36 seconds west 229.95 feet, thence south 54 degrees 40 minutes 00 seconds east to the center line of Iowa Highway #1 and the point of beginning of the tract herein described; thence southwesterly along said center line 140 feet, thence north 54 degrees 40 minutes 00 seconds west to the west line of the east half of the northeast quarter of Section 20, Township 79 North, Range 6 West of the 5th P.M., thence north along the said west line of the east half of the northeast quarter of said Section 20 to a point which bears north 54 degrees 40 minutes 00 seconds west of the point of beginning, thence south 54 degrees 40 minutes 00 seconds east to the point of beginning; subject to an easement to the State of Iowa for road purposes and for use as a public highway and subject to an easement for access to adjoining lots and for construction of utility services, which easement is 30 feet in width, the southerly line of which is the northerly right of way line of Iowa Highway #1, and subject to an easement for the construction, operation and maintenance of a sanitary sewer line 5 feet on either side of the existing sanitary sewer line as presently located on said real estate, excepting therefrom that portion conveyed to the State of Iowa for highway purposes by deed records in Book 544, Page 100, Records of Johnson County, Iowa. and Commencing at the NE corner of said Section 20; thence S0°33'W, 377.5 ft. along the east line of the NE '/, of said Section 20, to the centerline of Primary Road No. 1; thence S35"30 %'W, 1838.6 ft. along said centerline and centerline tangent; thence N54°29 %'W, 101.3 ft. to the Point of Beginning; thence continuing Ordinance No. Page 2 N54°29 %'W, 231.0 ft. to a point on the west line of the E ~ NE ¼ of said Section 20; thence S0°27 ~/21W, 328.7 ft. along said west line; thence N44026 %'E, 272.4 ft. to the Point of Beginning; containing 0.71 acre (31,088 sq. ft.), more or less. That part of the E 1/2 of the NE 1/4 of Section 20, Township 79 North, Range 6 West, lying northwesterly of the original State Highway No. 1, southeasterly of the present State Highway No. 1, and southwesterly of the county road (Dane Road), in Johnson County, Iowa, described as follows: Commencing at the NE corner of said Section 20; thence S 01°44'47" W (S 01045' W record) along the East line of said NE 1/4 and along the centerline of said original State Highway No. 1 a distance of 1136.58 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave westerly; thence southerly along said curve and said centerline 164.80 feet to the intersection with the centerline of the county road (Dane Road) and the point of beginning; thence continuing along said curve and said centerline of Original Iowa State Highway No. 1 in a southwesterly direction 463.03 feet; thence S 64o31'47" W along said centerline 604.34 feet to a point on the southeasterly right-of-way line of present Iowa State Highway No. 1; thence N 10o26'45" E along said right-of-way line 112.47 feet (113.0 feet record); thence N 38007'45" E along said right-of-way line 199.94 feet (200.1 feet record); thence N 41036'00'' E along said right-of-way line 351.41 feet (351.3 feet record); thence N 36042'20" E along said right-of-way line 49.93 feet (50.0 feet record); thence N 28055'53" E along said right-of-way line 111.07 feet (111.0 feet record); thence N 58o00'48" E along said right-of-way line 96.64 feet (96.6 feet record); thence N 36°42'10'' E along said right-of-way line 168.10 feet to a point on the southwesterly right-of-way line of Dane Road; thence N 84o23'41" E along said southeasterly right-of-way line of Iowa State Highway No. 1 a distance of 58.14 feet (58.1 feet record) to a point on the centerline of said Dane Road; thence S 36o17'50" E along said centerline 84.53 feet to the beginning of a curve to the right, said curve having a radius of 572.96 feet, concave southwesterly; thence southeasterly along said centedine 215.65 feet to the point of beginning, and containing 6.314 acres. Subject to Dane Road right-of-way and easements of record. For the purpose of this description, the east line of the NE 1/4 of said Section 20 is assumed to bear S 01044'47" W. The above described parcel is the same parcel as described in the special warranty deed to trust as recorded in Book 2244, Page 116 in the Johnson County Recorder's Office. and That part of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder, in the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter; thence South 88o34'01" East along the south line of said Southeast Quarter of the Northeast Quarter 194.00 feet to the southeast comer of said parcel; thence North 04004'00" East along the east line of said parcel 159.18 feet to the point of beginning; thence North 48o18'05" West 210.60 feet to the southeasterly right of way line of iowa State Highway No. 1; thence North 48035'35" East along said right of way line 237.85 feet to the east line of said parcel; thence South 04004'00" West along said east line 298.16 feet to the point of beginning, containing 24,864 square feet, subject to easements and restrictions of record, if any. and That part of the Southeast Quarter of the Northeast Quader of Section 20, Township 79 North, Range 6 West of the 5~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast comer of said Southeast Quarter of the Northeast Quarter; thence North 88o34'01" West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04004'00" East (North 02050' East record) along the east line of said parcel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence southeasterly along said curve and said southwesterly right-of-way line 109.68 feet through a central angle of 06o41'08" and having a chord bearing South 43o19'05'' East 109.92 feet to the point of beginning; thence North 62027'56'' East 30.54 feet; thence South 48027'49" West 29.86 feet to the beginning of a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly;, thence northwesterly along said curve and said southwesterly right-of-way of proposed Mormon Trek Boulevard 7.39 feet through a central angle of 00°27'02" and having a chord bearing North 39045'00" West 7.39 feet to the point if beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01045' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; Ordinance No. Page 3 thence South 63o52'17" West along the southeasterly line of a pamel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30" West 298.8 feet record); thence North 19o00'13" West (North 19°00' West record) along the west line of said parcel 247.05 feet to the point of beginning; thence South 62o27'56" West 810.16 feet; thence North 19o00'13" West 174.33 feet to the east line of a pamel of land described in Book 1908, Page 205 in the Office of the Johnson County Recorder; thence North 04o04'00' East (North 02050' East record) along said east line 220.08 feet to a point on the southeasterly right-of-way line of Iowa State Highway Number 1; thence North 44o46'50" East along said right-of-way line 385.18 feet (North 43o33' East 389.1 feet record) to the centerline of original Iowa State Highway Number 1; thence North 64o31'47" East (North 64°32, East record) along said centerline 371.76 feet to the west line of said parcel described in Book 871, Page 204; thence South 19o00'13,' East along said west line 468.66 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 6th Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 01o44'47" East (North 01045' East record) along the east line of said Southeast Quarter of the Northeast Quarter 372.80 feet; thence South 63o52'17" West along the southeasterly line of a pamel of land described in Book 871, Page 204, in the Office of the Johnson County Recorder 298.84 feet (South 63052'30" West 298.8 feet record); thence North 19o00'13" West (North 19000, West record) along the west line of said parcel 198.73 feet to a point on the south right-of-way line of proposed relocated Dane Road and the point of beginning; thence North 88o15'13" West along said right-of-way line 97.71 feet; thence North 62°27'56" East 92.39 feet to a point on said west line; thence South 19°00'13" East along said west line 48.32 feet to the point of beginning. and That part of the Southeast Quarter of the Northeast Quarter of Section 20, Township 79 North, Range 6 West of the 5t~ Principal Meridian in Johnson County, Iowa, described as follows: Commencing at the southeast corner of said Southeast Quarter of the Northeast Quarter; thence North 88o34'01' West along the south line of said Southeast Quarter of the Northeast Quarter 1,129.73 feet to the southeast corner of a parcel of land described in Book 1908, Page 205, in the Office of the Johnson County Recorder; thence North 04o04'00" East (North 02050' East record) along the east line of said pamel 158.70 feet to a point on the southwesterly right-of-way line of proposed Mormon Trek Boulevard and the point of beginning; thence continuing North 04004'00" East along said east line of that parcel of land described in Book 1908, Page 205 a distance of 78.57 feet; thence South 19o00'13" East 136.90 feet to a point on a non-tangent curve to the right, said curve having a radius of 940.00 feet, concave southwesterly; thence northwesterly along said curve and said southwesterly right-of-way line of proposed Mormon Trek Boulevard 71.59 feet through a central angle of 04o21'50" and having a chord bearing North 44028'43" West 71.58 feet to the point of beginning. That part of the West % of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW corner of said Section 21; thence S 01o45' W along the West line of said NW % a distance of 743.0 feet to the point of beginning; thence continuing S 01o45' W along said West line 1571.3 feet; thence N 71000' E parallel with and 625.0 feet from the centerline extension of Runway 24-6 of the Iowa City Airport 1408.6 feet to the East line of said W % of the NW %; thence N 01049, E along said East line 1267.8 feet, thence S 71000' W parallel with and 560.0 feet from said centerline extension of Runway 24-6 a distance of 890.8 feet; thence N 74022. W 500.4 feet to the point of beginning. Containing 40.04 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the West line of the NW % is assumed to bear S 01o45' W. and That part of the SE % of the NE % of Section 20, Township 79 North, Range 6 West, lying South of the original State Highway No. 1, in Johnson County, Iowa, described as follows: Commencing at the NE comer of said Section 20, thence S 01045, W along the East line of said NE % a distance of 1327.4 feet to the NE comer of said SE ~ of the NE %; said corner being the point of beginning; thence continuing S 01045. W along said East line 954.6 feet; thence S 63052'30" W 298.8 feet; thence N 19000' W 715.7 feet to the centerline of the original State Highway No. 1; thence N 64o32. E along said centerline 232.6' to the beginning of a tangent curve to the left; said curve having a radius of 572.96 feet; thence northeasterly along said curve on said centerline 432.4 feet through a central angle of 43o14'10" to a point on the North line of said SE % of the NE %; thence S 89045' E 33.0 feet to the point of beginning. Containing 7.59 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE % is assumed to bear S 01045' W. and Ordinance No. Page 4 That part of the NE % of the NE % of Section 20, Township 79 North, Range 6 West, lying southeasterly of present State Highway No. 1, westerly of the original State Highway No. 1, and northeasterly of the county road, in Johnson County, Iowa, described as follows: Commencing at the NE comer of said Section 20; thence S 01045' W along the East line of said NE '4 a distance of 743.0 feet to a point on the southeasterly right-of-way line of present State Highway No. 1; thence S 38004' W along said right-of-way line 261.5 feet; thence S 24059'30" E along said right-of-way line 102.0 feet; thence N 36o18' W along said right-of-way line 87.3 feet; thence S 11o59' W along said right-of-way line 67.0 feet to a point on the centedine of the county road; thence S 36018, E along said centerline 85.9 feet to the beginning of a tangent curve to the right; said curve having a radius of 572.96 feet; thence southeasterly along said curve on said centerline 215.1 feet through a central angle of 21o30'50" to a point on the centerline curve of said original State Highway No. 1; said curves not being tangent; thence northerly along the second curve 165.4 feet on the center line of said original State Highway No. 1, said second curve having a chord bearing N 10001' E, a radius of 572.96 feet, and concave Westerly, through a central angle of 16o32'15" to the point of tangency on the said East line of the NE %; thence N 01045, E along said East line on said center line of original State Highway No. 1 a distance of 393.6 feet to the point of beginning. Containing 1.18 acres, more or less. Subject to the county road and easements of record. For the purpose of this description, the East line of the NE N is assumed to bear S 01045' W. and That part of the SE N of the NW % of Section 21, Township 79 North, Range 6 West, Johnson County, Iowa, described as follows: Commencing at the NW corner of said Section 21; thence N 89055'30" E along the North line of said NW % a distance of 1320.2 feet to the NE corner of the NW ~ of said NW %; thence S 01o49' W along the East line of said NW % of the NW % a distance of 1334.8 feet to the NW comer of said SE % of the NW %, said comer being the point of beginning; thence S 89045' E along the North Line of said SE % of the NW % a distance of 248.0 feet; thence S 55011' E 703.6 feet; thence N 82°05'30"W 356.7 feet; thence S 71000' W parallel with and 625.0 feet from the centedine extension of Runway 24-6 of the Iowa City Airport 517.1 feet to the West line of said SE % of the NW %; thence N 01049' E along said West line 522.4 feet to the point of beginning. Containing 5.20 acres, more or less. Subject to easements of record. For the purpose of this description, the North line of the NW % is assumed to bear N 89055'30,' E. C. Subject to the terms and conditions of a conditional zoning agreement, attached hereto and incorporated by reference herein, the properties on the east side of Highway 218, west of Mormon Trek Boulevard Extended, are hereby redesignated from RS, Suburban Residential; R1A, Urban Residential; and C2, Commercial to CH-l, Highway Commercial: North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W, excepting the portion east of Mormon Trek Boulevard. BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0o E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #10201590; and COM SW COR SE NE E 194', N 649', SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #10201760. D. The property on the east side of Highway 218, on the south side of an existing drainageway corridor, is hereby redesignated from RS, Suburban Residential, to ID-RS, Interim Development Single-Family Residential: COMMENCING AT THE EAST % CORNER OF SAID SECTION 20, THENCE SOUTH 00°09'17'' WEST ALONG THE EAST LINE OF THE SOUTHEAST ~ OF SAID SECTION 20 A DISTANCE OF 1224.9(~ FEET (18.56 CHAINS); THENCE SOUTH 89040'57" WEST A DISTANCE OF 686.30 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE SOUTH 89040'57" WEST A DISTANCE OF 672.65 FEET TO A HIGHWAY RIGHT OF WAY MARKER ON THE EASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 218; THENCE NORTH 11°40'09" WEST ALONG SAID HIGHWAY RIGHT OF WAY LINE A DISTANCE OF 283.38 FEET; THENCE SOUTH 74045'09" EAST A DISTANCE OF 37.99 FEET; THENCE NORTH 64o08'51" EAST A DISTANCE OF 32.48 FEET; THENCE SOUTH 86019'36" EAST A DISTANCE OF 217.85 FEET; THENCE SOUTH 76039'28'' EAST A DISTANCE OF 84.25 FEET; THENCE SOUTH 58049'25" EAST A DISTANCE OF 201.41 FEET; THENCE SOUTH 34°29'14" EAST A DISTANCE OF 69.35 FEET; THENCE SOUTH 61o31'31" EAST A DISTANCE OF 174.40 FEET TO THE POINT OF BEGINNING. CONTAINING 3.10 ACRE. E. The properties on the east side of Mormon Trek Boulevard Extended, west of Dane Road, legally described as follows, are hereby redesignated from RS, Suburban Residential, to C1-1, Intensive Commercial: Ordinance No. Page 5 North 18.567 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R6W, excepting the portion west of Mormon Trek Boulevard. 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 the final passage, approval and publication of this Ordinance as provided by law SECTION III CONDITIONAL ZONING AGREFMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the conditional zoning agreement between property owners and the City. SECTION IV. CERTIFICATION AND RFCORDING The City Clerk is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded by the owner at the Office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. ~. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. AFVERARII ITY. 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 VII EFFE~TIVF DATF. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR A']-]'EST: CITY CLERK Approved by Ci~,tt~ney's Offic'~ Ordinance No. Page It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 5/'20/03 Voteforpassage:AY£$: Wilbur-n, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. NAYS: None. ABSENT: None. Second Consideration 6/10/03 Vote for passage: AYES: Wilburn, Champion, Kanner, Lehman, O'Donnell, Pfab, Vanderhoef. NAYS: None. ABSENT: None. Date published Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and James Davis, Robert Davis, and Jan Smith (hereinafter "Owners"). WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of property owned by Owners, part of which has frontage on Highway 1; and WHEREAS, Highway 1 is an entranceway to Iowa City; and WHEREAS, the City has identified entranceway aesthetics as a public benefit; and WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with the operations of the Iowa City Airport. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. James Davis, Robert Davis, and Jan Smith are the owners and legal title holders of property east of Highway 218, south of Highway 1, legally described as follows: North 18.56 chains of the North half of the Southeast quarter East of Highway right-of-way Section 20, T79N, R 6W 2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aesthetics as properties fronting on Highway 1 are developed. 3. In consideration of the City's rezoning the property from RS, Suburban Residential, R1-A, Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree that any development of the property shall incorporate the following site design standards: a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped. No parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot setback. b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of- way shall be permitted. This does not apply to outdoor display of motorized vehicles, such as automobiles and trucks. c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of upward turning lights being used on the property. 4. Owners agree that the site development and site plan of the property shall reflect these conditions. 5. Owners acknowledge that the conditions contained herein are reasonable conditions to impose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. ppdadm/agFREZ03~)0017CZA, doc REZ03-00017 CZA Page 2 7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with 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 will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject property and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. 10. Owners acknowledge that this Conditional Zoning Agreement can be executed in counterparts, and said counterparts shall constitute one original agreement. Dated this i ~ day of IN~ ~ ,2003. OWNER CITY OF IOWA CITY /,~r~s'Davis ' - Ernest Lehman, Mayor Attest Marian K. Karr, City Clerk Approved by: City Attorney's OffiCe STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / ~ day of ,'f-'~-.~ , 20 o J , before me, the undersigned, a Notary Pu~ and for said County, ~n said State, personally appeared , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agt/REZ03~0017CZA.dcc REZ03-00017 CZA Page 3 OWNER STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 30 day of A~,t~ ~ . 200 ~J. before me, the undersigned, a Notary Public in and for said County. in said State, personally appeared P,o~ -~ 'O,~v ! .s , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for the State of Iowa My commission expires: ppdadm/agt/REZ03~00017CZAldOC REZ03-00017 CZA Page 4 OWNER Jan Smith STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~_.~:;~.t,~,. day of -~"~:::~ ~ , , 2003, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared .'--~-¢~.-,~ ~ , to me known to be the identical persons named i~"~nd who executed the within and foregoing instrument, and acknowledged that she executed the same as her voluntary act and deed. No(a~, Public in and fo--~he State of 4~m~r My commission expires: Ny Commission Expires ppdadm/agt/REZ03-00017CZA.doc Prepared by: John Yapp, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247 (REZ03-00017) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, Iowa, a Municipal Corporation (hereinafter "City") and Rick Jirsa and Mark Mitchell (hereinafter "Owners"). WHEREAS, the City of Iowa City is coordinating and initiating the annexation and rezoning of prop- erty owned by Owners, part of which has frontage on Highway 1; and WHEREAS, Highway 1 is an entranceway to Iowa City; and WHEREAS, the City has identified entranceway aesthetics as a public benefit; and WHEREAS, Owner agrees that certain minimal conditions and restrictions are reasonable to ensure a minimum of entranceway aesthetics, and to ensure that any illuminated signs do not interfere with the operations of the Iowa City Airport. NOW, THEREFORE, in consideration of mutual promises contained herein, the Parties agree as follows: 1. Rick Jirsa and Mark Mitchell are the owners and legal title holders of property east of High- way 218, south of Highway 1, legally described as follows: BEG AT A POINT N 89° E 1135.7' FROM THE CENTER OF SEC 20 T79N, R6W ON THE S LINE OF SAID SW NE, N 39° E, 180.9', N 30° E 140.4' TO EAST LINE OF SAID SW NE, S 0° E 258.0', ALONG EAST LINE TO SOUTH LINE OF SAID SW NE, S 89° W 188.3' ALONG SOUTH LINE TO THE POINT OF BEG, which is .51 acres, more or less, identified as Johnson County, Iowa parcel #1020159001; and COM SW COR SE NE E 194', N 649'C, SW 330', S 412' TO beg EX. Land conveyed to City of I.C. in 2727-90 (survey 41-75), which is 1.47 acres more or less, identified as Johnson County, Iowa parcel #1020176007. 2. Owners acknowledge that the City wishes to ensure a minimum amount of entranceway aes- thetics as properties fronting on Highway 1 are developed. 3. In consideration of the City's rezoning the property from RS, Suburban Residential, RI-A, Urban Residential, and C2, Commercial, to CH-l, Highway Commercial, the Owners agree that any development of the property shall incorporate the following site design standards: a. A minimum setback of 30 feet from the Highway 1 right-of-way shall be landscaped. NO parking or paving, other than a sidewalk or trail, shall be permitted in this 30-foot setback. b. No outdoor storage of materials or merchandise within 100 feet of the Highway 1 right-of-way shall be permitted. This does not apply to outdoor display of motorized vehicles, such as automobiles and trucks. c. Signs, if illuminated, must be internally illuminated, in order to minimize the chance of upward turning lights being used on the property. 4. Owners agree that the site development and site plan of the property shall reflect these con- ditions. REZ03-00017 CZA (Jirsa/Mitchell, Page 2 5. Owners acknowledge that the conditions contained herein are reasonable conditions to im- pose on the land, and under Iowa Code 414.5 (2001), and that said conditions satisfy public needs that are related to the zoning change. 6. Owners acknowledge that in the event any portion of the subject property is transferred, sold, redeveloped, or subdivided, all development and redevelopment will conform with the terms of this Conditional Zoning Agreement. 7. The parties acknowledge that this Conditional Zoning Agreement will be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and ef- fect 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 will inure to the benefit of and bind all successors, representatives, and assigns of the parties. 8. Owners acknowledge that nothing in the Conditional Zoning Agreement will be construed to relieve the owner from complying with all applicable local, state and federal regulations. 9. The parties agree that this Conditional Zoning Agreement will be incorporated by reference into the ordinance rezoning the subject property and that upon adoption and publication of the ordinance, this agreement will be recorded in the Johnson County Recorder's Office. Dated this day o ,2003. OW,,~ .. CITY OF IOWA CITY ~~ By: Ernest Lehman, Mayor Marl{ Mitchell Attest Marian K. Karr, City Clerk Approved by: City~,~torney's O~ice REZ03-00017 CZA (Jirsa/Mitchell~ Page 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~20jo' day of ('~J~'d~. ,200:~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and ~,.A~'~rt-~ NA ;Jcc~,..,~ , to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public i~,~nd for the State of Iowa My commission expires: TARA J. lVlcMORRIS MY COMMISSION EYP!~E$ J 10.~.05 .... 3 DEFEATED Prepared by: Joe Fo~vler, Dir., Parking & Transit, 4t0 E. Washington St., Iowa City, IA 52240; 319-356-5156 ORDINANCE NO. ORDINANCE AMENDING TITLE 3, ENTITLED "CITY FINANCES, TAXATION AND FEES", CHAPTER 4, ~SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES", BY AMENDING SECTION 6, '~PUBLIC TRANSPORTATION", AND ESTABLISHING UNDER ~SPECIAL FARES" A FARE OF 25 CENTS FOR THE DOVv'NTOWN SHUTTLE BUS. NOW, THEREFORE, BE IT ORDAiNED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 6 of the City Code, entitled "Public Transportation", is amended by adding a new provision under "Special Fares" to include a fare of twenty-five cents ($.25) for the downtown shuttle bus. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. 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 adjudicated invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,2003. MAYOR ATTEST: Approved by: City Attorney's Office Ordinance No. DEFEATED 7-15-03 Page __ It was moved by and seconded by that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum First Consideration 7-15-03 Vote for passage: AYES: Lehman, 0'Donne]'l, Champ'ion. NAYS: Kannet', Pfab, ABSENT: Vander'hoef. Second Consideration Vote for passage: Date published Prepared by: Doug Boothrey, Hsg. & Insp. Services, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5121 ORDINANCE NO. AN ORDINANCE AMENDING TITLE 6, CHAPTER I (NUISANCES) OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY BY ADDING STANDARDS AND PROCEDURES TO CONTROL THE NUMBER OF VEHICLES PARKED, STORED, PLACED, OR KEPT OUTSIDE ON PRIVATE PROPERTY. WHEREAS, the regulation of the number and location of parked, stored, placed or kept vehicles in any single-family or duplex residential area is necessary in order to preserve the appearance of neighborhoods as predominantly residential in character; and WHEREAS, the outdoor parking, storing, placing, and keeping of vehicles is not intended to be a primary activity in residential areas and regulating these activities will constitute no more than a minimal intrusion on any residential area; and WHEREAS, it is in the public interest to provide monitoring, regulation, and inspection of residential properties to prevent the excessive parking, storing, placing or keeping of vehicles outdoors from becoming nuisances, and creating safety concerns. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Section 6-1-2.Q, "Vehicles illegally parked on pdvate property" is hereby amended by repealing Subsection Q.2 and substituting in its place the following new Subsection Q.2: Vehicles illegally parked, stored, placed, or kept on private property: 2. No more than six operable vehicles may be parked, stored, placed, or kept outdoors at any one time on any single-family or duplex residential lot. The vehicles must be operable at all times. Inoperable/obsolete vehicles are prohibited. Ail vehicles must be located on an asphalt, concrete, or similar permanent dust-free surface. It shall be an affirmative defense to a municipal infraction if all vehicles in excess of the maximum vehicles allowed are: a) Owned bY a person who is neither domiciled at nor a resident of said residential lot; and b) Present for the sole purpose of providing maintenance, repair, or construction on said residential lot; and c) Parked, stored, placed, or kept outdoors on said residential lot fer less than 36 hours in the aggregate during any continual 96-hour pedod of time. SECTION II. REPEALER. Ail ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION II1. 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 IV. EFFECTIVE DATF This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,20 MAYOR A']-FEST: CITY CLERK Approved by City Attorney's Office Marian Karr From: Steven Nelson [stevennelson2@mchsi.com] Sent: Monday, July 14, 2003 10:20 PM To: council@iowa-city.org; opinion@press-citizen.com Subject: Excess vehicle ordinance On page 3 of the Friday, July 11, 2003 Iowa City Press Citizen I read an article titled "City looks at new car ordinance." As I reread the article I was appalled at what the PC reported. The burden of proof to show a person is violating an ordinance is too great for the city, so the burden of proof to show innocence is shifted to the accused! Huh? Presumed guilty until proven innocent - when did American justice turn an about face. We have always lived under the cherished concept that the presumption of innocence is guaranteed and the burden of proof of guilt rests with the accuser, in this case the City of Iowa City. If the current ordinance is flawed, making a worse ordinance will not fix it. Another wrong will not make it right. I trust that my elected council will recognize the flawed and reprehensible logic behind the new ordinance and unanimously defeat and condemn this affront to American values. The ends justify the means approach has never been an appropriate approach to problems and it is uncalled for in this case as well. From the PC article I assume that some neighbors do not like Mr. Thomas. I assume some city officials do not like Mr. Thomas. I assume the ordinance is being rewritten to continue the harrassment of Mr. Thomas. Property values are subjective. I like older cars and ' equipment. I would rather drive down a street looking at classic vehicles than cutout figures of a man or woman gardening with a big fanny facing me. I would rather look at a lot filled with older cars than a lot full of wind-powered lawn ornaments. I like cars a lot more than streets flooded with stormwater or backed up sanitary sewers. A collection of cars does not affect property values more poorly than the outdoor collections of many items in the city. Streets in disrepair, malfunctioning sewers, unmowed lawns, and monotomous streets of cookie-cutter houses crammed on to undersized lots devalue property much more than a row of 1955 Ford vehicles. I also think 1 RV or 1 boat on a lot is enough, but one of each is definitely over the limit of social responsibilty. Add in a SUV in the driveway, and the affront to our enviromental awareness is indefensible. What is acceptable and non-acceptable for public display on our property is subjective and ultimately as individualized as on what side we butter our toast. Please devote more time to protecting the rights of citizens to use their property in innovative ways than to governing our lives accogding to wishes of a few who believe their status quo lifestyle is the only acceptable lifestyle. Stop harassing home owners who are not endangering the health and safety of residents or visitors. And above all, do not make a mockery of our justice system with a unethical and unconstitutional change to the vehicle ordinance. If you want to force Mr. Thomas out of town, tarred and feathered and rode out of town on a rail is just as obnoxious, but does not trample on our constitutional rights. Steven Nelson 1033 Sandusky Dr. Iowa City, IA 54420 319-354-1762 Marian Karr From: Morgan Forbes [Morgan-Forbes@uiowa.edu] Sent: Tuesday, July 15, 2003 4:27 PM To: cou ncil@iowa-city.org This is in response to a comment that was made by Ross Wilburn in regards to the limit of 10 cars. Mr. Wilburn felt that a resident was being singled out that lived on First Avenue. Well Mr. Wilburn I would like to tell you about my neighbor on High street who RENTS. This man has moved into a duplex and brought cars with him to be worked on in various manners. This is a family man who attends abandoned vehicle auctions as well as other car auctions and at times tows them to his residence. Our street at times has been lined with 10 cars or more leaving no space for others to park. The cars are damaged in one way or another, unmovable unless pushed which has been witnessed by neighbors and license plates exchanged for the cars on the street. This has been a problem for many neighbors which has involved calling the police for ticketing, calling the landlord and rental agency. The police no longer come, the landlord felt since it was city streets he had the right to line it up with as many as he wanted. Now with relief to all their lease will not be renewed. But the brick wall and attitude that owners of property have had to endure has wanted me to move, and move now! Please this is a good idea and it occurs at other addresses. thank you Morgan Forbes U of I Benefits 120-40 USB 319-335-2803 877-830-4001 DesMoinesRegister.comI Opinion Page 1 of 5 ' - DesMo esKeglszer om Search: i I, Subscribe to th I GO I~ Careers atthe Search~j~ ~ Contact us Opinion · Lettcr~ 7-day indexes ~ Duffv , Letters to the Editor ~ F~J'u m s ~ ketters By Regis_ret Re~d_e~s 0312612003 * C_ommunithl~ W.I).M. neighborhood actions are shameful * E-~ ~ Business The articles exposing the hostile white supremacy toward Julio Yanqui's Ecuadorian family in West Des Moines demonstrates the day-to-day racism th_e * Life people of color experience across Iowa and this nation. * Su * Entertainment It's not coming from uneducated, poor and uncultured white folks (who are most commonly blamed for white supremacy). The perpetrators are white ~ Marketplace folks who thought they bought their"safety" by moving far away from ~ Help_ people of color. More disturbing is the neighborhood's tactic of pitting the city of West Des Moines, (that exists to serve and protect all residents) against this innocent family. Mayor Eugene Meyer's call for mutual tolerance misses the point. The Yanqui family has tolerated months of Jim Crow harassment from their local government and neighbors. The city and folks on Brookview Drive need to not only "tolerate" their neighbors, but realize their actions are shameful and have no place in a nation that claims to be the beacon of light for those who seek freedom. Jesse Villalobos Des Moines regional director of programming and public policy, National Conference for Community and dustice, Des Moines. Regarding "Street Battle Brews in W.D.M.," March 20: From the article and the comments of the West Des Moines Police Department, there appears to be no support for claims that Julio Yanqui's family is destroying property or http://desmoinesregister, corn/opinion/stories/c2129999/20835297.html 7/15/2003 DesMoinesRegister. com I Opinion Page 2 of 5 disturbing the peace. This same neighborhood is petitioning against the building of a discount grocery store. About a mile away, neighbors are fighting the building of an Alzheimer's treatment facility. I am disturbed by the unspoken, but clearly underlying ideology these actions communicate: "You must fit our demographic to be accepted in this neighborhood." The battles we fight to be free do not only happen overseas. Attempts to use city ordinances or other aspects of the law to abridge another person's freedom without legal justificahon is ideologically very un-American. Brad and Heather Fels Norwalk. Apparently, West Des Moines residents place the price of their homes and the appearance of their streets over the family values and cultural diversity that characterize their neighborhoods. We Americans could learn a lot from the Hispanic immigrants who have made their home in Iowa. In my practice as a family-law attorney, they are the best clients. They have close-knit, extended families who maintain regular contact and support each other in times of crisis. The Hispanic immigrants I know work hard, save money, pay their debts and spare no expense for their children. They consider it a privilege to live here and are very concerned about following the laws and meeting their obligations. As for the references to the messy, overcrowded inner city; I live there and like it. I am proud to live in a pocket of cultural diversity and to have African-American, Hispanic and Asian neighbors. Let's not embarrass ourselves by making any ethnic group feel unwelcome in our state. Katherine Spencer Des Moines. The people of West Des Moines am opposed to grocery stores because they cause traffic (and lower property values), retirement homes because seniors are a threat to small children (and their presence lowers property values) and Hispanic families who slam their car doors too loudly (and lower pmpe~y values). If anyone needed proof that the closer one lives to Dallas County the lower http://desmoinesregister, com/opinion/stories/c2129999/20835297.html 7/15/2003 DesMoinesRegister. comI Opinion Page 3 of 5 one's IQ gets, then the fact that Julio Yanqui's neighbors are signing petitions to keep his family from visiting and city inspectors are stalking his property on a semi-regular basis should provide all the evidence one needs. Yanqui and his family are not breaking any laws other than the unspoken one that working-class people (and minorities) should stay on their side of 35th Street. Ann Mathes Y/est Des Moines. Isn't it just awful that the Yanqui family has a large, loving, hard-working family who actually like each other so much that they want to spend time together? Certainly looks like a threat to a neighborhood. Scott Brockmann Adel. Have respect for your neighbors Why has the Julio Yanqui story been made into a West Des Moincs vs. race issue? There are homeowners all over Des Moines who have had problems with their neighbors. These incidents are not being reported. When 30 people sign a petition, that tells me there's a problem. What docs this family being Latino have to do with anything? Who cares what they do for a living? They're not qualifying for a loan. The issue is that they are disturbing their neighbors. If you have a large family, you need to plan for this when searching for a place to live. When my neighbor, who owns a semi moved in, I'm sure one of the things he had to consider was where he was going to park it at night. Legally he probably could park it in the street, but that's not what a responsible person does. When the area that I live in said I had to put a satellite dish up in a certain area for cosmetic reasons, I went along with their recommendations. This whole issue is about respecting your neighbors. http://desmoinesregister, corn/opinion/stories/c2129999/20835297.html 7/15/2003 DesMoinesRegister.com I Opinion Page 4 of 5 Curtis Goodrell Johnston. Don't eliminate state forestry nursery Once again, an attempt is being made to eliminate the state forestry nursery. Senate File 345, introduced by state Senator Julie Hosch of Cascade, would force the nursery to increase the prices of nursery stock to 25 percent more than the cost of production - in effect pricing the nursery out of the market. By current law, the nursery can't operate at a loss and must price its products accordingly. The state forestry does not compete with landscape nurseries as it only sells "bare-root" seedlings to be used for reforestation. Current and new conservation programs are increasing the demand for seedlings for reforestation projects. The production of both the state nursery and private nurseries will be required to meet this demand. Proceeds from the sale of seedlings from the nursery pay for the salaries of the state foresters who work with reforestation projects. The increase in Iowa-forcst acreage is important for its positive impact on air, soil and water quality. Woodlands provide land for hiking and hunting and also help the economy by providing jobs in various wood-based industries. The majority are local, family owned businesses. Defeat this bill. Jim Ahrens president, Iowa Woodland Owners Association, West Branch. World War II history lesson James B. Cole is completely wrong in his March 19 letter, "Appeasement Made Sense at the Time," that the Munich appeasement, to prevent war by divvying up Czechoslovakia, made sense at the time. The USSR was willing to join the Czechs, British and French to oppose Germany with military force. The Czech armed forces, alone, were equal to Germany's. Together, they would've made quick work of the 1938 German army. Plus the German military had plans to remove Adolf Hitler from power if he started another two-front war. Because of the British and French appeasement, Czechoslovakia was divided up (Germany taking the rest of it a few months later), removing the Czech military from the allies' side. http://desmoinesregister.com/opinion/stories/c2129999/20835297.html 7/15/2003