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HomeMy WebLinkAbout2003-12-16 Correspondence Johnson County Attorney Johnson Coun~ Cou~ouse · 417 Sou~ Clinton Street. P.O. Box 2450- Iowa Ci~, IA 522~-2450 ~.~ ~ez Phone (319) 339-6100 · Fax (319) 339-6149 J. Patrick White Child Suppo~ December 9, 2003 TO: City of Iowa City City Council; Marian Kart, City Clerk RE: Iowa City Group LLC, d/b/a Piano Lounge Liquor License Application FROM: Andrew B. Chappell Assistant Johnson County Attorney with this memorandum I conditionally recommend approval of the above liquor license renewal application. The above application for Piano Lounge is in the name of a new limited liability corporation named Iowa City Group LLC. At the time of my writing this memorandum, Iowa City Group LLC was not registered with the Iowa Secretary of State's office. I have informed the applicant's attorney that the new LLC should be registered with the Secretary of State's Office prior to approval of the liquor license application. I have been assured by the applicant's attorney that all steps necessary to have the LLC registered have been taken. Because the registration has not occurred as of the writing of this memorandum, however, I condition my recommendation of approval on the applicant providing adequate proof to the City Council that its corporate entity, Iowa City Group LLC, has been registered with the Iowa Secretary of State and is authorized to do business in the State of Iowa. Please do not hesitate to contact me if you have questions about the above. cy: Lars Anderson Brett Thomas ~ Printed on recycled paper with soy ink. Page 1 of 1 Marian Karr '12-16-03 4g(1) From: John McKinstry [disciple.pastor@xwires. net] ~ Sent: Thursday, December 04, 2003 9:17 AM To: cou ncil@iowa-city.org Subject: Homeless Overflow Shelter Dear Council Members, I'd like to thank all of you, and especially Connie, for your attention to a letter from Bruce Fischer about the current homeless shelter situation, and for your direction to City staff to investigate alternatives. As pastor of one ofthe congregations willing to serve as a host site, but facing fire code restrictions, I am convinced that a single public overflow site staffed largely by trained volunteers during winter months is a cost effective short term Band-Aid, and that a larger, specially designed and professionally staffed facility will have tremendous support in our community. Again, thank you! John McKinstry 308 Ronalds Street Iowa City Pastor of First Christian Church 900 Lincolnshire Place Coralville 337-4181 12/4/03 Marian Karr ~-~ 12-'/6.03 ~ From: Dale HelJing Sent: Friday, November 21, 2003 2:56 PM To: 'Jennifer Bradshaw' Cc: Marian Kart Subject: RE: Downtown construction Ms. Bradshaw, Thank you for your inquiry te the City Council. Yes, there will be a pedestrian access maintained through that area. Initially it will be along the north side ef the parking ramp accessing Dubuque Street from between the parking ramp and the Sheraton hotel. Once the Library construction is complete (sometime next summer), pedestrian access along the College Street portion of the Pod Mall should be restored. We realize this will be something ef an inconvenience during the winter, but we're confident that the end result will be a very positive enhancement for the downtown. I hope this answers your question satisfactorily. Dale Helling Assistant City Manager cc. Harian Karr, City Clerk .... Original Message ..... From: Jennifer Bradshaw [mailto:Jennifer-Bradshaw~uiowa.edu] Sent: Friday, November 21, 2003 1:57 PM To: council@iowa-city.org Subject: Downtown construction Dear City Council, Once construction begins en the Plaza Towers building, will there still be pedestrian access between Linn St. and the Pedestrian Hall along what is College St.? Currently pedestrians have access between the parking lot and the painted construction fence (south of the public library). I am concerned that the new construction will totally block that route until construction on the public library is completed in mid 2004. I use that access twice a day, as I walk te and from work {cutting down on traffic congestion and parking needs in the downtown and University areas). I know that many ether people also use this route daily as the cen~nute, shop, er use the public library. I am hoping that Iowa City will strive to be a pedestrian friendly town. Please let me knew what consideration is being made for downtown pedestrians. Thank you, Jennifer Bradshaw 1019 E Washington ST MC Iowa City, IA 52240-5248 Page ! o£ ! Marian Karr ,12-16-03 From: Jim Knapp [jsknapp@mchsi.com] 4g(3) Sent: Tuesday, December 02, 2003 11:41 PM To: cou ncil@iowa-city.org Subject: Plaza Towers I think you have for the most part given Iowa City what it deserves. Only time will tell, the shame is most of us won't be here that long. A 20 year TIF is a long time, some of the 342 homeless kids will not be here either. Abraham Lincoln abolished slavery, now we just call it poverty, still captives in their own environments the children will remember Iowa City in its' finest hour. Why? Because I will be telling the story as long as there is an ear to hear. Ideal Poll the recipients of the human rights awards and see what they think of what you did? Not the Down Town Business Association, just the humanitarians that still have love in thier hearts and tears in thier eyes. Do you really think any structure in a small town like lC should stand higher than the Congregational Church or St. Marys? See ya, Jim Knapp A $7,520,000 gift to Mr. Moen and his Group. Now that you have turned away from the poor and homeless, removed the blight and slums what will be the next act? I think maybe we need more roads to Coralville to make it safer to shop, eat and sleep. *~* eSafe scanned this email for malicious content *~* IHPORTANT: De net epen attachments frem unrecognized senders *** 12/3/03 ONLY TIME WILL TELL In the eleventh hour before the end of time With a saddened heart and confused mind The Clock Tower tolled his last chime. Then moving slowly he left the ramp behind. After shaking the concrete from his feet He turned to face the shameful bane of his life. Then remorsefully peering across Linn Street For one last look at Ms. Vogel, his wayward wife. Thinking of the way she had been defiled Her very value given away in the attempt To ineptly legitimize her bastard child With a deed and deal beyond contempt. Then on to send her illegitimate child to Hell, He looked back to bid his friend Irving, "Farewell." Taking one last look at his spouse in default. His hands dropped in awe as she turned into salt. Teary eyed he left on his southerly course Striding on with the power of righteousness. His mission was clear with a heart of remorse He was determined boldly to avenge his duress. Then it became clear to him as he drew near The Towers need to stand for one and all to see. Their redemptive purpose will be a giant mirror, A looking glass to reflect the faces of apathy. Dedicated by Jim Knapp Marian Karr From: Lisa Mollenhauer 4g(4) Sent: Thursday, December 04, 2003 1:30 PM To: 'rachelle-deuster@uiowa.edu' Cc: *City Council Subject: RE: regarding a rhetoric assignment Rachelle, This is to acknowledge receipt of your correspondence to the City Council. It will be included on Council's next Formal Agenda Consent Calendar to be accepted as a permanent, public record. Regarding your research, I believe the best route for you would be to search the City's web site for documents that are relevant to your project. You can access the files at: www.iowa-city.org/weblink. Follow the instructions for searching files in the City Clerk's Office folder. Using the search words "alcohol" and/or "bars" and concentrating on 2001-2003 documents would probably be the best way to narrow it down. Best of luck with your project. Lisa Lisa Mollenhauer Administrative Assistant to the City Manager City of Iowa City 410 E Washington Street Iowa City, IA 52240 {319) 356-5010 ..... Original Message ..... From: rachelle-deuster@uiowa.edu [mailto:rachelle-deuster@uiowa.edu] Sent: Thursday, December 04, 2003 1:18 PM To: council@iowa-city.org Subject: regarding a rhetoric assignment Hello- My name is Rachelle Deuster and I am a Freshman at UI and I have a rhetoric assignment that has to do with the recent change of age to be in the bars. I was wondering if you could send me any and all information about this Ordinance of the 19 and older in bars past 10pm. I need information on when and who proposed this idea, when it was passed etc...if you could please take the time tO find this information for me, or if you know where on the internet i can find it that would be great! Thank you very much for your time! If you have any questions for me please let me know. Thanks again, I hope to hear back from you[ Sincerely, Rachelle Deuster 12-16-03 FILED Dear Sir or Madam: My nan~e is Ewan I-Iamllton~ I am sixteen yea~s old ~Lnd a iumor at ~ity High School. For the past trimester I have been workin~ on a dvics vm iFo GLERk 'It)WA CITY,, IOWA my State and Local Government class. For my project I chose to work with sound pollution and its effects on people and commtmities. One of the reasons I chose this topic was because of my personal association with noise problems. I live in the north side neighborhood and several houses across the street from my own are rented to college students each year. Obviously at least one of these is a problem each year. Problems can vary from year to year, but most commonly we suffer from noisy parties late at night and into the early morning. This is very frustrating for both my parents and me because we all have to get up earl to go to work and school and it is difficult to get the sleep we need with the noisy partying. The Party goers sometimes cause damage to the landlord's property and to the property of neighbors. We ourselves have had several occurrenCes of vandalism at our home. After the parties garbage is usually strewn throughout the yard and there are broken bottles and beer cans scattered about the neighborhood. I used the internet to do some research and discovered some of the noise and nuisance laws on the Iowa City homepage. I also found a "Living Off- Campus" guide to new students moving into Iowa City. It provided excellent guidelines for students including how to be a good neighbor. Unforttmately ! doubt that many students find their way to this page and many of them wouldn't care even if they had. My own experience has been that many of the partiers think that they are entitled to party how they want and have no respect for the neighborhood. To make it even more frustrating, the police poorly enforce noise laws and often just tell the students to be quiet and then drive off after which the students just turn the music back up. The students aren't the only people who don't care though. My father, Merrill Hamilton (who has presented to the dty council before) and other neighbors have contacted the landlords and while they have sometimes been co-operative, they are usually inconsistent and only seem concerned with getting their money. Many people are unaware of the adverse effects noise alone can cause to not only themselves but to people around them. I have included a copy of my project which concentrated mostly on the effects of noise on people, but can pertain to all kinds of nuisances caused by partying tenants. If people could be better educated on the stress, loss of sleep and other effects caused by noise I believe that some of them would be more considerate of the neighborhood, but as I stated above many of them don't care and just want to party. This is where I think the dty council can help. In my opinion land lords should be held responsible for their tenants if they have been contacted and complained to. It is their responsibility to keep the property they own and the people that live there from becoming a problem in the community. This seemed to be an obvious solution to noise problems but when I looked over nuisance laws online I found nothing that would hold landlords responsible for tenants which cause problems in the neighborhood. If they were to be held responsible, it would help in many ways: by taking the burden off of the police allowing them to deal with bigger problems, and would make disorderly tenants easier to manage because landlords are more closely involved with their tenants and have a high influence because of their ability to evict or raise rent costs etc. As in my project I would like to emphasize that sound pollution is a much more serious issue than many people realize and that nuisances need to be taken seriously and dealt with. I hope that the information I have provided will be useful for finding an agreeable solution can be found to the growing problem that we all face in Iowa City CD Sincerely, Ewan Hamilton D'~ ~ ~ " Sound Pollutimu just a nuisance? ~ ~ physleall~ lm~;~.~l. ' ~m > ~ Sound Pollution can eome in many form% for example: noisy vehicles, trains, planes, construction equipment, audio equipment (Radios/stereos) and even people yelling or tallting like at a noisy party. Noise pollution can have many ill effects, one obviously being hearing damage or loss. But noise does not have to be physically ha~-~ul to be comidered polluti~ Nor d~es it have to be excessively loud; it only has to cause an imhalanee in the soundseape of the environment to be eonsidered poilutio~ "Calling noise a nuisance is liAe calling smog an inconvenience. Noise must be considered a hazard to the health of people everywhere." -- Dr. William H. Stewart former U.S. Surgeon General Obviousl~ so. nd Imll~ion is a vm.~ delieat~ and eoatpkx issue and tiffs makes it very dii~i~ cult to solve or even take sides o~ Most cases a very individual in nature making it diffienlt to form ordinances whieh pertain to all situations. Despite these dli~erenees, all sound pollution eases have one thing in commom they can all do damage and n::3 to be taken seriously. While sot_t_~d pollution may not cause measurable physical dominoe, it Call have ~_qy adverse effert~ all depending on the situatio~ The first obvious effert can be hearing loss. Sounds over 85 decibels eon cause permanent hearing damage ff exc::~ed often. As a rule of thumb, if you must rai_~e your voice to talk to someone from 3 feet away, the environment could be damaging. Sound can also interfere with s~::~l~ where sound above S0 decibels eon cause trouble talking with someone eve~ 1 meter away. Sounds above 4S decibels can prevent sleep. In the UK, various studies have been pe~o[~ed to investigate the effects of Allqtroffle on sleep. T_h_i_~ is study shows both the effects of sound on sleep, but it also showed how diffienlt it is to study the effects of sound on human health. The conclusion of the study stated that though there is o negative correlation betw~m sound and sleep, it is unelcar seien _ei~cally and legally whether sound causes sleep loss or not. Of course common sense would say yes but the amount of damage done is also personal because of peoples' own semitivity to noise. Another study done in Austrah has shown that 4o% of Australians lose As stated above, what makes sound so d~i~eult to measure ls its complexity, and to perform proper studies one must have significant understanding of aeousties and also requires complex sound equipment. To make it easier to understand acoustics some, below is a list of oommon noises and their "loudness" or intensity measured in decibels. - threshold of hearing (odB) ~ rustlit~ leaves (2odB) ~ soft whisper, three feet (3odB) -dc~ ,~ F"- FILED no~i conversation (SS-6odB) em*paesin~lsfeet(7odB) 2{}O]OEC -9 AHII: 55 vacuum cleaner; freeway traffic (80dB) ~.~ered hwn mower (~) Gl'P/CLERK · ubwaytr~!~, imide (gsdB) IOWA CITY,, IOWA snowmobile ('~oodB) ehainsaw ('.lOdB) roek eon,~ert (12odB) threshold of pain (l:ZO-13odB) airplane takeoff, 100 feet (130-15odB) fireeraeker (lSOdB) shot~-~ (l?OdB) Despite these diS~i~ eulties, some communities are rising up to this ehalLf~_~e with sound ordinanees ~nd laws. The Noise Control Aet of 1972 gave the EPA the power to set standards for noise emission and determine the noise limits l*eq~ to prote~t the publie health and welfare. M~y eommusnities ,md cities ~ve also enacted ordimmees to attempt to contain noise pollution. Below is an e2mmple of sueh an ordin2ner from Nashville, Tennessee. CODE PROVISIONS DEFINITION "Plainly audible" means any sound that can be detected by a pemon using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title of a song, specitic words, or the artist performing the song. The detection of the rhythmic bass component of the music is sufficient to constitute a plainly audible sound. RESTRICTED USES AND ACTIVITIES (1) Pemonal or commercial music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at a distance of 50 feet in any direction fi"om the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible at a distance of 25 feet in any direction fi.om the operator. (2) Self- contained, portable, hand-held music or sound amplification or reproduction equipment shall not be operated on a public space or public fight-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the operator. This is a reasonable and common ordinance that m~ifly eotttntUlli~les have in place, but as with any law, many people choose not to follow it. This is espeelally true for noise ordinances because most people are unaware of the seriousness of sound pollution. In conclusion, ! found that sound pollution is a very complex and eonfusing issue and has many angles to eonsider when dealing with it as legal issue, but it is a serious problem world wide and needs to be taken seriously by the government and by the public. L~ ~ ~ % Methodology and Review ~ ~ >~ L.) Gathering information for a sound pollution paper was a di~ ul~k partly due to its complex nature and also because it is widely unknown or eomidered to be unimportant. There were few resources from which to gather invormation and many of them were very basic and had little value. But those resources that had useful information were very helpful. One of the most suee~-~sful sources was the internet. ! was able to am examples of other sound pollution studies and quite a few expected and this is due to the growing problem that sound pollution pcee~ T~i~ is espe~lly true in Australia where extemive studies are being performed on the ~Veets of sound pollution on people's health and behavior. The main ~nVo, mation I gathered from these sites was on the physical and behavioral effects on people. These sites demonstrated how much effect noise has on people's behavior and well being. People exposed to excessive noise can become annoyed~ irritable, stressed or even aggressive. These sites also emphasized that sounds don~ necessarily have to be loud but can only be out of place and interfere with the balanre of the soundsrape to came irritation or stress. One of the most interesting things I discovered was that there is more research going on than i expected but that the gmeral public b~- less knowledge than I had expected about sound pollution and because of their ignorance on the issue, they don't considered it to be a problem. This struck me as strange because I expected the victims of sound pollution to be more enlightened on something as close to home as noise. The same results were found when I polled my own homeroom. A majority of them reported feeling the effects of noise pollution but most of them didn't believe it was a problem in their communities. I didn't k~md this quite as surprising because people my age don't realize how much they are being affected by sound. The graph below shows of the students polled, who was disturbed by noise in their daily activities, who felt stress or anger because of noise and who felt that sound pollution was a problem~ Disturbed Stress Problem I found researching sound pollution to be frustrating but as I gained more information about it I was able to expand my searches and gather even more. I would suggest to others who wished to research sound pollution to be patient, spend plenty of time with the topic and if they wish use the sites FILED My feelings on sound pollution 20030EC-9 Nll: 55 CITY CLERK personal involvement. Across the street from my home are several homes that are rented out each ye~_~ to eollege students. Every year at least one of the homes ends up in the hands of students who party incessantly for days on end. While this has only a small effect on me, it eames big problemf for my parents who need a !a_-ge amc,mt of sleep became they both work early in the morning. As I ~a_-~ed I expeeted r~eareh to be quick and easy but as I delved deeper into the issue I found that sound pollution was mueh more eomplex than !hd intagined. One of the first things that i (lis~ered about sound pollution's complexity was that it is very subjective due to varying semitivities people have to noise and because there are so many different situations. The next thing I discovered was that acoustics are extremely complex so that it is very di~V~eult to measure and gauge the effects of sound on people. Ail these complieations rode me ehange my mlftd~ end ! started to thln~ that sound pollution was too complex for ns to deal ~vith at this time became of limited teehnology, follding for researeh and lack of interest by the public. There was alaek of inSo~ia~ation on the internet, so I believed that there was little interest and that sound pollution wasn~ as big of a problem as !hd previously thought. My poll showed that most people didn~ seem to care about sound pollution at all, even though they were ~Veeted by it. Just as I started to lose interest in it, I began f'mding inforlHation ! had previously mi;sed. By changing lily searches ill subtle ways I discovered that important agencies like the EPA and the Department of Health had extensive involvement in sound pollutio~ This sparked mY interest and changed my mind once again. ~Vith the new information I hd discovered ! decided th_~t sound pollution really was on important issue, but I hd respect for its complexities. Sound pollution is a many sided issue, but eaeh situation can usually be divided into two groups, Those who are in favor of limiting noise and those who mren~ Depending on the situation ! can favor either side. For example, O~l~e International Airport wishes to expand, creating 11o,ooo new jobs and bringing in $1O billion in income. If the expansion goes through however, the increased air traffic could considerably increase the noise pollution created, whieh is already at intolerable levels according to many residents in the area around O~lare. If they don't build the expansion they forfeit $1o billion and 11o,ooo jobs but if they do build it they could cause terrible problem~ for the surround communities. Examples tike this often confuse me and I ~-md it di~icult to decide with whom to side. In the end became of my personal experience with noise pollution, ! tend to side with those who wish to limit the noise around their homes and workplaces. Sound pollution is an issue which civilization will be struggling research and understanding of those who suffer because of sound~_o_ ~lutlpn, ~ we can come up with a solution that can satisfy all. ~ ~ ~] Bibliography "It's more than just a pain in your ear...." htt~://www, eenye~r~HTMLPE/no~e:htm "Chronic Noise pollution" "The Noise FAQ' httu.'//W~wdmiet, or~/faQ.htm "Noise Pollution" htto~//w~w.bartleby~om/6S/no/noise~oLh~,~2 "Noise Pollution" "i-low noise pollution affec~'j our lives" ee/noise ]~ollution/# Noise%~olaw. STATE AND LOCAL GOVERNMENT CIVICS PROJECT REVIEW 1. What do you feel like you accomplished in your efforts to effect your government? 2. Who do you feel you have helped? CD 3. Who do you feel you mi ht have ne ativel effected in vour actions* g g y ^ . . rD 4. What was the most valuable part of your project in the area of learning to'an -- active participant in your government? 5. How were you treated by government officials that you worked with/spoke to? 6. What advice do you have for the new city council members? 7. What advice do you have for future students who will be working on their civics projects in the future? Marian Karr 4 (6) From: Lisa Mollenhauer Sent: Thursday, November 20, 2003 11:14 AM To: *City Council Subject: FW: email for city council ..... Original Message ..... From: John Neff To: Lisa Mollenhauer Sent: 11/19/03 3:43 PM Subject: email for city council I did a quick look at the data on the locations of public intoxication arrests made between 7/28/03 and 10/12/03. The locations are not exact if an arrest took place near an intersection the location is given by Clinton/Burlington for example and if the arrest took place on a city street the location is given by the street and block for example 100 S Dubuque. If an address is given it may be the address of the person making the complaint (example a person is reported on the ground by a citizen and the address is that of the person making the report}, or it could be the location of the arrest. Arrests involving bars tend to fall into two types; a) the bar management calls the police to deal with a customer who is causing problems, and b) officers are conducting a bar check and they make contact with an intoxicated subject. If the problem originated in a bar the bar is given as the location even if the subject left the bar and was arrested elsewhere. There were 338 public intoxication arrests at 180 locations. There were 124 locations with 1 arrest, 25 with 2 arrests, 15 with 3 arrests, 4 locations with 4 arrests, 3 locations with 5 arrests, 2 locations with 6 arrests, 3 locations with 7 arrests, 2 locations with 9 arrests, 1 location with 14 arrests, and 1 location with 21 arrests. The locations with four or more arrests are; 100 E College + Pod mall 21 arrests. 10 S Dubuque 14 arrests. 100 S Dubuque 9 arrests. One Eyed Jakes 9 arrests. Burlington/Gilbert 7 arrests. Dubuque/Washington 7 arrests. Vito's Bar 7 arrests. 500 S Gilbert 6 arrests. Union Bar 6 arrests. 332 S Linn 5 arrests. This is an apartment complex and a fight took place at this location. 400 S Gilbert 5 arrests. ETC Bar 5 arrests. 200 N Gilbert 4 arrests. 2010 Broadway 4 arrests. This is an apartment complex. Clinton/Broadway 4 arrests. Linn St. Lot 4 arrests. · Most of the arrests were located inside a rectangle bordered by Clinton on the West, ! Prentiss on the South, Gilbert on the East and Market on the North. There were also some arrests in the Broadway area and the area around the Waterfront HyVee. John Neff 11/19/03 Marian Karr 12-16-03 From: dennis kowalski [mayflyd@yahoo.com] 4g(7) Sent: Thursday, November 20, 2003 5:02 PM To: daily-iowan@uiowa.ed u; cou ncil@iowa-city.org Subject: Moen Dear Editor and Council, I wonder what Mr. Moon would do if Starbucks, offered to double or triple the rent being paid on the Terrapin coffee shop. They do things like that! Starbucks doesn't go anywhere that is not already economically viable. They let someone else do all the dirty work and have the ideas. Then they move in and take over. I don't know enough to co~ent on what will be good for business. Apparently our city fathers don't have all the answers either. Mr. Moen has typical developer speak, however. The towers are great! I~m for any form of higher density housing that will help prevent sprawl and create a vital and energized downtown and Iowa City. However, Mr. Moens contention that taxes will not rise is a lie. He knows better. Sure we will have more tax revenue, but the land and building values will rise and this means higher taxes. I have never known of an instance in which this was not true. The developers, realtors and politicians always say taxes will not rise, in order to get their projects realized. Sincerely, Dennis Kowalski 1932 Hafor dr Iowa City, IA 52246 Do you Yahoo!? Free Pop-Up Blocker - Get it now http://companion.yahoo.com/ Page 1 of 1 Marian Karr 12-16-03 From: John & Sandra Hudson [John. Sandra. Hudson@att.net] 4g(8) Sent: Monday, December 08, 2003 2:57 PM ~ To: cou ncil@iowa-city,org Cc: Steve Atkins Subject: Downtown Iowa City We want to invite you to attend a luncheon on February 5, 2004. The location has not yet been determined, but we want it on your calendar. The Iowa Department of Cultural Affairs, the Iowa Department of Economic Development, and the Iowa Finance Authority are collaborating to combine financial resources to bring Kirk Watson, former mayor of Austin, Texas, and Lou Musante, of Catalytix, to Iowa. They will speak on the topic of the creative economy. They are scheduled for Iowa City, Des Moines, Waterloo, and perhaps Sioux City. They are both part of Richard Florida's entourage. Florida is the Carnegie Mellon professor who ~vrote The Rise of the Creative Class. Click on http://www.creativeclass_org. For bios of the speakers click on http://www.creativeclass.org/creativespeaking.shtm! and http://www.catalytix,biz/lou.htm. The speakers represent a $20,000 gift from our state agencies to Iowa City, so we want to make good use of the opportunity. By March or April the guidelines should be finalized for the state's Cultural District legislation. Richard Florida has documented the connection between cultural districts and economic vitality. We would like to see Iowa City make application for the Cultural District designation as soon as applications are available. The legislation involves tax credits for historic preservation. In addition, and possibly more important, the designation will draxv attention and recognition, which will enhance the marketability and vitality of downtown as a destination for our local population. Cultural districts are limited to one square mile. It is our understanding that the guidelines will be based on Main Street guidelines. We are very fortunate that Joe Raso of ICAD was a Main Street Director before coming to Iowa City, and his knowledge should give us a running start if that's the direction our community, and you as our City Council, decide to take. Can we count on you to attend on February 5, 2004? John and Sandra Hudson Cultural Incubator Steering Con'unittee Johnson County Cultural Alliance Steering Committee Iowa Arts Council Board What's happening this weekend in Iowa City? Visit http://www.culturalcorridor,org to find out! 12/8/03 FILED Wednesday, November 12, 2003 O03DEC CITY' CLERK Dear Iowa City Council, 10WA 10WA Subject: College Green Park Lighting My name is Spencer Long and I live on College Street one block above College Green Park. I am writing this letter to request that several actions be done, that are required for proper enjoyment of the park. The actions involve the lighting scheme for the park itself, this summer I frequented the park on almost a daily basis to play basketball on the little half court that the city has placed there. The court itself meets every criteria needed and it is a very nice place to play. However, as soon as the sun goes down it is apparent where this basketball court comes up short. Although, the lights from the sidewalk that criss-crosses the park shine light on the court, the amount is inadequate to play the basketball. To add to this problem, for most of the summer the lights that are closest to the court were burnt out leaving the court with very dim lighting conditions. My proposals for action include: Replace the burnt-out lights and monitor there condition more closely, which involves very low cost to the city. I would also like to see a pair of time lights that mm on with the push of a button. These lights are in place at the full-court court that is behind the Burge Residence Hall and work very effectively. People in that area have access to play basketball until the late hours of the night which serves as a cheap alternative to "hitting the bars". Additional lighting at the park will certainly make walking through the area feel a little safer for the female residents in our community and will make the park a more enjoyable place to play. Please give my proposals some thought. Thank you, Spencer K. Long University of IoWa Student Marian Karr 12-16-03- From: Dale Helling Sent: Tuesday, November 25, 2003 12:51 PM To: 'meghann-dowd@uiowa.edu' Cc: Marian Kart; Barb Coffey Subject: RE: Journalism Student Hi Heghann, The City Council members do net keep office hours at City Hall. However, they do encourage constituents to call them at home or at their place ef business. Since you wish to speak with one er mere individual Council members, you can access their names and telephone numbers via tNe City website www.icgev.org Ge to the right side ef the home page and, under COUNCIL, click on "members". Good luck with your article. You picked an interesting and controversial topic. Dale Helllng Assistant City Hanager ..... Original Message ..... From: meghann-dowd@uiowa.edu [mailto:meghann-dowd@uiowa.edu] Sent: Monday, November 24, 2003 10:16 PM To: council@iowa-city.org Subject: Journalism Student My name is Meghann Dowd, and I am a journalism student at the University of Iowa. I am writing an article for my Magazine Reporting and Writing class about binge drinking in Iowa City and on college campuses in general. I was wondering if I could talk to a member of the council and get some information for my article. Thank you for your time. I hope to hear back from you SOOn. Heghann Dewd Meghann-Dewd@uiowa.edu Lisa Mollenhauer 12-16-03 4g(11) To: alexisparkinn@mchsi.com ~ Subject: note to Council Jay, Yes, the Council did receive your email regarding the Iowa City Airport. It was received on their November 17 Formal Agenda Consent Calendar. Have a nice day. Lisa City of Iowa City Page 1 of 1 Marian Karr From: Alexis Park inn [AlexisParklnn@mchsi.com] Sent: Monday, November 24, 2003 8:55 PM To: council@iowa-city.org Subject: Iowa City Airport I sent an URL of our new Iowa City Airport history website a few days (weeks?) ago. I never received a response of any kind. Did you receive this email? Jay Honeck Owner/Innkeeper The Alexis Park Inn & Suites w~vw,AlexisParklnn.com "Your Aviation Destination" 12-16-03 November 11,2003, ..4 Dear Membem of the ~ Council, I am writing to show my suppo~ for a Fenced Off-Leash Recreation Ama in Iowa City where peof~e and their well-behaved dogs can sodalize and exercise in a dean, safe environment, without endangering people propen'y or wildlife. Them is cumently no place tike this for dog owners like myself to go and with over 10,000 dog ovamm in Iowa City, I think it would greatly improve our city to have such a pa~ I agree with Ihe members of JC DogPac such a park will foster an increased sense of community by encoumgirtg social interaction among citizens within the perk, while redudng encounters with citizens who am apprehensive of off-leash dogs in other public pa~s. Sincerely, Page 1 of 1 Marian Karr --t2-,t6-03 "" From: AUKorotkin@aol.com 4g(13), sent: Tuesday, December 09, 2003 1:44 AM To: cou ncil@iowa-city.org Subject: Bullying We read with interest about the scheduled wednesday night Town Hall Meeting to Address Bullying. It is clearly time to take a firm stand and approach to address 'hostile school environment harassment' and bullying. Current initiatives follow in the footsteps of an over two-decade struggle in the workplace to end not only the instrumental and procedural forms of employee aggression, but to also eradicate the more subtle interpersonal hostilities that create an atmosphere of disrespect. What can we take away from this history to guide us in the effort to improve the climate in schools? We are psychologists with a specialization in harassment and discrimination - in the workplace and in the schools. From over 25 years of experience, we know that teaching employees the do's and don'ts is not a very effective way to change culture. Students are still more complicated: Children and adolescents are not just 'little adults'. It takes more than policy to change behavior. We know, because we have been doing it. Our innovative program should be of interest to the members of the Dignity for All Students Coalition and we would welcome the opportunity to further discuss it with you. Steven Dranoff, PhD and Wanda Dobrich, PhD D&D Industrial Consultants 1111 Clifton Avenue Clifton, NJ Tel: 973.777.7333 Note: Steven Dranoff, PhD and Wanda Dobrich, PhD are psychologists and producers of RESPECT, a character education curriculum in violence, bullying and sexual harassment prevention for middle and high school students. RESPECT is currently used in major school districts across the US, including New York City, Chicago, Los Angeles, Washington DC, Denver, Cleveland, Baltimore, Yonkers, Newark, Bridgeport, San Diego, Philadelphia; and in many local districts in NJ (Montclair, Edison, West Orange, Berkeley Heights, Monmouth County, Clifton and Alpine) and in Colorado (Cherry Creek, Fort Collins and Aurora). Dranoff and Dobrich are also on the faculty of Rutgers University. They are authors of two award-wining books on hostile work environment harassment, leaders in the expert evaluation of adults and students accused of harassment and violence, and are producers with Rutgers University of the first-of-its-kind Preparedness Training course in sexual harassment prevention in the workplace, available on the Internet. 12/9/03 Marian Karr ~ From: Liz Goodman [rubywines@mchsi.com] ~ Sent: Wednesday, December 10, 2003 2:36 PM To: council@iowa-city.org Subject: Downtown parking Council Members, Today I had a failed attempt to make a 12:15 appointment at Zender's. Unfortunately, I had to wait so long for a spot to open in the adjacent parking ramp that my appointment was cancelled because there would not have been enough time for a haircut before the stylist~s next client. Plus, I had to park on the top deck and almost fell on the ice in front of the door to the elevator/stairs. I find that I am reluctant to shop, use the library, or patronize any other businesses downtown due to the difficulty in parking even though it is my property taxes that allow the ramps to be built. How will the new 'Moen' Towers affect the parking situation? Is it only going to get worse? Why did the library have to expand with a grand addition rather than a branch that would serve people living outside the Longfellow and Manville Heights neighborhoods? Is it no wonder that shoppers and businesses prefer Sycamore Mall and Coral Ridge Mall? I know that a new ramp is being built at Burlington and Court, but will that just be mere student parking? Or will those of us who pay property taxes be forced further out from the center of town? Sincerely, Mary Lizabeth Goodman Liz Goodman RUBY FINE WINES 505 Clark Street Iowa City, IA 52240 (319) 339-4566 (319) 466-1504 fax Page 1 of l Marian Kart ~12-16-03 From: Jeff Davidson 4g(15) Sent: Thursday, December 11, 2003 9:54 AM ~ To: 'mvmess@avalon.net' Cc: *City Council; *City Manager's Office Subject: FW: 1st Ave. RR crossing Hello Mike Messier. You message below was forwarded to me for reply. Unfortunately, the matter you have requested the City Council to address is one over which they have no jurisdiction. The operation of the railroad, including the blocking of municipal streets and highways, is a matter which falls under the jurisdiction of the railroad. I believe the State Code is the authority from which this jurisdiction is established. There are provisions for police enforcement if a street crossing was blocked for very long time, such as several hours or days, but not for 15 minutes. I will be flank with you, in the past 23 years that I have been here the City has attempted on many occasions to address issues such as this with the railroad, and the results have not been encouraging. This included one occasion when the mayor herself attempted to board a locomotive and deaF directly with the train conductor. Thank you for your message. Jeff Davidson, Traffic Engineering Planning. ..... Original Message ..... From: Lisa MoIIenhauer Sent: Thursday, December 11, 2003 8:59 AM To: Jeff Davidson Subject: FW: 1st Ave. RR crossing Can you please respond and cc Council. ..... Original Message ..... From: Mike Messier [mailto:mvmess~avalon.net] Sent: Thursday, December 11, 2003 8:36 AM To: council~iowa-city.org Subject: 1st Ave. RR crossing Council members: The situation on 1st Ave. regarding the RR crossing adjacent to Southeast Junior High must be addressed. I am currently watching out my office window at Eastdale Plaza what has to be considered one of the most ridiculous traffic calamities in the city. Traffic has been stopped for over twenty minutes at one of the busiest times of day on one of the busiest thoroughfares in Iowa City. This morning the train in question has not moved for over fifteen minutes. People are attempting to get their children to school while others weave in and out of traffic in an effort to redirect the route to work. It would be a tragedy if there were an emergency at Southeast Junior High or any of the major businesses in the Towncrest area. This problem has persisted for far too long. Someone needs to take the problem seriously and address it. You. As a council, approved the opening of 1st Ave. to the nor[h thus creating one of the busiest arteries in lC. Now you need to remedy the collaterar issues that this change has created. Thanks for listening. Mike Messier 12/11/03 City of Iowa City MEMORANDUM Date: November 21, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner ~ Re: Item for December 16, 2003 City Council Meeting: Installation of a STOP sign at the intersection of Cumberland Lane and Arlington Drive As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Action: Pursuant to Section 9-1-3A(5), one STOP sign will be installed at the intersection of Cumberland Lane and Arlington Drive. Cumberland Lane will be signed to stop at Arlington Drive, which is a collector street. Comment: This action is consistent with City policy to sign the right-of-way at the intersections of local streets with collector or arterial streets. jccogtp/menVcumberland.doc City of Iowa City MEMORANDUM Date: December 9, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner 0~ Re: Item for December 16, 2003 City Council meeting: The existing sign located on the north side of Iowa Avenue between Gilbert Street and Van Buren Street which indicates NO PARKING 2 AM - 6 AM/TOW-AWAY ZONE/LOADING ZONE will remain as is, except 15 MIN LIMIT will be added. As directed by Title 9, Chapter 1, 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(18), the existing sign located on the nodh side of Iowa Avenue between Gilbert Street and Van Buren Street indicating NO PARKING 2 AM - 6 AM/TOW- AWAY ZONE/LOADING ZONE will remain as is, except a placard indicating 15 MIN LIMIT will be added. Comment This action is being taken at the Parking Division's request to clarify the enforcement term at this loading zone adjacent to the State Historical Society. City of Iowa City MEMORANDUM Date: December 9, 2003 To: City Clerk From: Anissa Williams, JCCOG Traffic Engineering Planner ~ Re: Item for December 16, 2003 City Council meeting: The existing sign located on the north side of Washington Street between US Bank and the US Bank parking lot which indicates NO PARKING 2 AM - 6 AM/TOW-AWAY ZONE/LOADING ZONE/15 MINUTE LIMIT/ENFORCED MON - SAT 9 AM - 9 PM will remain as is, except the time of enforcement will be changed to 6 a.m. - 5 p.m. As directed by Title 9, Chapter 1, 3B of the City Code, this is to advise the City Council of the following action. Action Pursuant to Section 9-1-3A(18), the existing sign on the north side of Washington Street between US Bank and the US Bank parking lot which indicates NO PARKING 2 AM - 6 AM/TOW-AWAY ZONE/LOADING ZONE/15 MINUTE LIMIT/ENFORCED MON- SAT 9 AM - 9 PM will remain as is, except the time of enforcement will be changed to 6 a.m. - 5 p.m. Comment This action is being taken at the Parking Division's request and will make the enforcement of this loading zone consistent with others in the central business district. jccogtp/mem/aw*actcornm 1 doc Marian Karr From: Chris O'Brien Sent: Thursday, December 11, 2003 4:46 PM To: 'rubywines@mchsi.com' Cc: Joe Fowler; *City Council Subject: RE: Downtown parking Thank you for your feedback regarding the ice on the top deck of Tower Place. I apologize for your slipping on the ice and we will make every effort to improve ice control in our decks. Unfortunately we cannot use products containing salt as they have negative effects on the parking decks. We currently use sand which helps with traction but is not as effective with the actual melting of ice. We are in the process of trying to find a product that we can use that will not cause damage, yet is as effective as salt. Tower Place has become a very busy facility. It's location within downtown Iowa City and it's proximity to University facilities, businesses and the Senior Center make it a prime location for it's users to park. I am sorry that you missed your appointment, and while we do have a lot of turnover at this facility it appeaPs that we were just not able to meet your needs on this given day. For future reference I just wanted to let you know that our busiest time at this facility is between the hours of 11:00 & 2:00. We feel that we will be able to accorr~odate those additional parking demands that are going to arise with the addition of the 64-1A project and the completion of the library. Currently, the Dubuque Street Garage(adjacent to the Sheraton Hotel), a 625 space facility, is only running at 65%-70% occupancy. The Court Street Transportation Center will contain somewhere between 400-600 spaces, depending on funding, with a combination of permit parking and hourly spaces. We hope that this facility will be as useful as the other facilities that we operate. Due to it's location, just across Burlington Street, this facility will be in close proximity to all that downtown Iowa City has to offer. I hope that you continue to utilize all that downtown Iowa City has to offer and that you continue to use our facilities. Please feel free to contact me directly if you have any further questions, co~m~ents or suggestions. Have a nice day. Chris O~Brien Parking Manager City of Iowa City (319)356-5094 chris-obrien@iowa-city.org .... Original Message ..... From: Lisa Mollenhauer Sent: Wednesday, December 10, 2003 3:51 PM To: Chris O'Brien Cc: Joe Fowler Subject: FW: Downtown parking Chris, could you please respond and cc the Council. 1 Thanks. ..... Original Hessage ..... From: Liz Goodman Imailte:rubywines@mchsi.cem] Sent: Wednesday, December 10, 2003 2:36 PH To: council@iowa-city.erg Subject: Downtown parking Council Hembers, Today I had a failed attempt to make a 12:15 appointment at Zender's. Unfortunately, I had te wait se long for a spot to open in the adjacent parking ramp that my appointment was cancelled because there would not have been enough time for a haircut before the styllst's next client. Plus, I had to park on the top deck and almost fell on the ice in front of the door to the elevator/stairs. I find that I am reluctant te shop, use the library, or patronize any other businesses downtown due to the difficulty in parking even though it is my property taxes that allow the ramps to be built. Hew will the new 'Hoen~ Towers affect the parking situation? ls it only going te get worse? Why did the library have te expand with a grand addition rather than a branch that would serve people living outside the Longfellow and Hanville Heights neighborhoods? Is it no wonder that shoppers and businesses prefer Sycamore Hall and Coral Ridge Hall? I know that a new ramp is being built at Burlington and Court, but will that just be mere student parking? Or will those of us who pay property taxes be forced further out from the center of town? Sincerely, Hary Lizabeth Goodman Liz Goodman RUBY FINE WINES 505 Clark Street Iowa City, IA 52240 (319) 339-4566 (319} 466-1504 fax Dear Cotzmil member, I am David Wergeland and I would have c~qtacted you personally but I live in Arizona and it isnl always easy to be in Iowa Cily. My reason for this letter is to ask you to do the right and humane thing and rescind resolulion 03.~34. I am quite sure thai the count1 was no~ aware of all itm fm~ts Ixk~ to pa-aing the rem31utJon. I ~ reealved ;q;ummtiofl that i believe will aller the position you took on 0334. I believe Ir'mt condemr~ian and taking of any prwate property with the intention of selling It to another private person is fundamentally wrong. We are gueranteed proteclion under our COnslituUon tha~ this so~t of thing will not rtappml to anyone. Certainly taldng properly by condernnatiml to ebete a 'public nuisance" is · mistake becat~e what you want to ec~ompliah is to CO~Tect ',et'atever the nuisance may be, The even gmaler mistake is to =e[~ that same property to ~xneone else r-eltra than to idant~ Ingiemate camplaints and bring those specific complainla into oa~01ianoe in a rea~mnable way. I recently received oopie~ of the ir/ormation packet given to the council prio~ to the ,January 2'1, 2002 meeting concerning the alleged'public nui&anea' 428 Bayerd. From INa ir~3mm~ion I can finally unc~'~,and why you made the decision you did. I am sure thru you also knaw Ih~ I donul agree with thai (~:iaion nor with anything thai followed. I am going to stick to facts that ere of put)Ii(; reco~ al the Cily of Iowa Cily. You ~11 be ~ ~ ~m~ ~s m ~ ~1 I r~i~ n~m ~ J~ 13. 2~ ~t ~ ~blic ~ m~l~ ~uld ~ ~d ~ t~ ~ G~ ~i~ ~ ~ 21, ~. n~. ~e f~ ~ ~ ~ ~ im~me~ w~ ~s~ ~ a~ p~lc h~dng is ~N a~i~ to ~ ~e r~l~ian ~ as ~ ~sa ~ ~mm' N~ns. Fr~ ~at limited inf~ I ~ld ~ly r~ ~ ~ ~lu~ ~ ~ di~ ~ a ~1. You wou/d believe Ihat Only "half hem~ed Mr'ocr w~ mve~tod in correcting the pro.ems oullirmd by tf~ Cily officials starting in 1997. I assure you that evmy effort wea mede within the constraints placed off us by the ci~r. From mid 1~ we lried to oet a I~mnit to c~mplale the work ~n itm house. We did this through our attorney Ma~in Diaz. All that wa ever wanted was to repair the house ~d to be given a regular permil al u,,*.ml p~-ices fo do the v, of~c I cherge that we wqere blocked al every h,m and forced to take exlc)a~sJve Ingal slaps ~o ~ a permit h'om the city. _ , -'~,,o- ,,-=* wa~uufleunuer linc 105.2 parala'au~ 11 NC) PI=RMI7 I~ I~EQUIRED TO STRIP AND REPLACE SHJNGI.'E~ OR :1:~) ~E~I~-(~ ~'~ S/llngdng ~ rOof. .............. ~,.~ ~v Saplember '/4,1999 The C/~/issues a Ce~fica~e of ~s building is filed. Sep~omber '15. 19~cj a stop w~k orclur Is filed by Ten'y Goem't before the ...,..~.T. :'": -"-'~'.".'~'-~' ,,rog m me same time anti Ille house is lea with gutters ...... . · ~re fo~cad to leave the hOUse ,~ thru cond bon ur4il Aic~il of 2002. A~/ofle viewing it would sea it as of doll~'s of fee,~ I~ our altc~ney. Y ny thousands , ~..-- ~d, w.¥ wou,a you sto~ leg,t.,~ale effo~s to cid I~ vely Itling? I have surmise mat ~ere i~ anothe~ reason for th~ actions that fol~. as we/l. ,---,- ,,-- ,.,~ .[.~u uu.a,ng w~ deMmVed what ~.. ........... ~! ,, ..u~.. ~m~ rel:~m~da~n~ w.fe ba~d on · * $, ~v~ I~;. I~ al~l,~ ~0 permit ~ fin. lsh the work started on ~eplel'n~ 12 1999TI~.~ . ...... ~ __ It. is sl~4~_ Ihat 426 was nof inhablled for 5 years. .. . . This is no~ lrue and I provide :26 ., ,,.. ,. .. wod< , ,. =---H~u~z ~ ~epmmoo~ `15, '1999 frorn confinu~g the 426 Bayard has been never been uno~c~t~ no~ abando~ed. Until the clay the city broke irt ~ romoved all of the personal goods fTOm ~e house it was leased end pemonal Im~)erty of others was them urttil thet time. That personal property ~ras ~mo~:l by City of Iowa City employees without any n°tico to the owners of the Fx'operty o~ to the parties in possession under a current [ease. A serious pnX)le~ dsvelope(:t aa a result of these actions that will probably.cost rne a considerable sum to comlx~sate for losses to the lessee. We were given a permit for 30 days in April 2002. (A standard UBC permit is 180 days for anyone else in this city.) This 30 day time restraint was to be extended if .r~cessaq as agreed ~ Oist~ct Court. The City failed to live up to this provision an(] neve~ intended to. AS evicWx:e I direct you to May, 6, 2002 e~y in the I~Jilding dq:)mlment memm'andunl anti you will see that we w~re !o be fo(z~ in contempt of court since the t'oc/e~- wa~ still traino to flrdah U'le la~l bit on the roof. This baha~iol' is not corlaistent with just wslrt~ng the house nepak-ed, (since this What I want b h.TOFen is for ~ coun~l to rescind the Reeolutio~ 03-~4 and order that · standard 180 clay butlda~g permit be issued for the ~ to be coml~loted on 426 Bay,rd. Thank you for hearing me out. I er, sum you that the property will be in complia~oe in that ti/lie and these problems will go away, Dave We~geland for Lewis Investmer~ta Inc. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LEWIS INVESTMENTS, INC., Plaintiff ' No EQCV 061.170 VS, CITY OF IOWA CITY, IOWA, SETI'LEMENT :' ~' · '--.,' AGREEMENT ., Defendant. o COMES NOW, Plaintiff Lewis Investments, Inc., and Defendant ~C~ Io~ Cit ("City"), and hereby submit the following settlement agreement for court ap~v§l: AGREEMENT AS TO FACTS 1. Plaintiff Lewis Investments, Inc. is the ~ntra~ vendor on the prope~ legally described as Lots 7 and 8, Block 12, Manville Addition, commonly known as 426 Bayard Street, Iowa Ci~, Iowa. ~ of November 16, 2001, said contract has been fodeited of record in favor of Lewis Investments, Inc. 2. David G. Wergeland is the sole stockholder of Lewis Investments, Inc., and as such, has proper authori~ and the authod~ of its Board to enter into this agreement. 3. Defendant Ci~ of Iowa CJ~ is a municipal corporation organized under the laws of the State of Iowa. 4. On March 27, 2000, the Ci~ of Iowa Ci~ prepared a Notice of Declaration of Dangerous BuildJng and Order to Va~te and Repair or Demolish the structure at 426 Bayard Street. The City declared the building a dangerous building pursuant to the 1997 Uniform Code of Be Abatement of Dangerous Buildings. 5. By letter dated April 21, 2000, the Plaintiff requested an appeal from that decision. The appeal was amended by Amendment of Notice to Appeal filed with the City Clerk on May 8, 2000. 6. Pursuant to the provisions of the Uniform Code for the Abatement of Dangerous Buildings, a hearing was held before a "hearing committee" of the Iowa City Board of Appeals on June 20, 2000. The hearing was held after a site inspection of 426 Bayard Street on that same date. 7. On August 8, 2000 the Secretary of the Board of Appeals submitted a Notice of Hearing with an attached written report of the Hearing Examiners and a proposed Decision of the Board regarding 426 Bayard Street. 8. The proposed Decision was then the subject of a headng held on August 15, 2000 before the Iowa City Board of Appeals, which issued its final order August 17, 20~0 9. The final decision of the Board of Apl:)eal. found that th~. prnp,~..r'ty ....... ~t 426 Bayard S,,cc,*' * constituted a dangerous building pursuant to the 1997 Uniform Code for the Abatement of Dangerous Buildings. The final decision further ordered the property owner to repair or demolish the property within 30 days of the effective date of the decision. 10. To obtain a building permit to effectuate repair of the property, in addition to the standard requirements including plans and specifications, the property owner was required to post a performance bond in the amount of 100% of the assessed value of the property. 11. The decision of the Board of Appeals provided that if the property owner failed to take steps to repair the properly, the City of Iowa City shall be authorized to~. molis~he structure located at 426 Bayard Street. ~:~ ~ ~- ~ 12. On September 26, 2000, Plaintiff instituted this action against the City of Iowa City alleging various causes of action based on the decision of the Board of Appeals and the performance bond requirement for conducting repairs on the structures at 426 Bayard Street, Iowa City, Iowa. SETTLEMENT TERMS NOW THEREFORE, the Parties to this action have reached an agreement in an attempt to settle their dispute and wish to have such agreement memorialized in writing and approved by the Court, the terms of said settlement being as follows: 1. The Parties agree that the trial date in this matter, currently set for November 28, 2001, shall be rescheduled to a date occurring on or after May 1,2002. 2. By 5 p.m. on January 18, 2002, Lewis Investments, Inc. shall perform an inspection of the structures located at 426 Bayard Street. Said inspection shall be performed by a third-party with knowledge and practice in the field of construction and rehabilitation, with said third-party to be agreed upon by the City and Lewis Investments. Additionally, the City shall be given reasonable notice of the date and time of said inspection and shall have the right and opportunity to accompany said third-pady dudng the inspection of the structures. The City shall be entitled to a copy of the report generated based on the above inspection upon issuance of said report to Lewis Investments, Inc. All costs associated with said inspection and report shall be borne by Lewis Investments, Inc. 3. By 5 p.m. on February 15, 2002, Lewis Investments, Inc. shall submit for City approval a preliminary Plan of Repair and Construction Schedule outlining the repairs necessary to bring said structures into compliance with the Iowa City Building Code and includi~.~g a timetable by which said repairs/construction shall be completed. T.~... j~ppo.,_'~.d timetable for completion of repairs shall not extend past May 1, 2002 without the execution of a wdtten addendum to this Settlement Agreement by both padies. The approval of a reasonable extension of said timetable for repairs beyond May 1, 2002 shall not be unreasonably withheld by City. The City shall review the submitted preliminary Plan of Repair and Construction Schedule for compliance with the Iowa City Building Code and shall submit all necessary revisions and/or comments ) regarding compliance to Lewis Investments, Inc. or its designee within ten (10) ~ calendar days of submittal of same to City. ~ 4. By 5 p.m. on March 2, 2002, Lewis Investments, Inc. shall submit a final Plan of Repair ~ and Construction Schedule outlining the repairs necessary to bring the structures into ! compliance with the Iowa City Building Code and including the final timetable by which said repairs/construction shall be completed. The proposed timetable for completion of repairs shall not extend past May 1. 2002 w thout the execution of a written ~ddend_m to this Settlement Agreement by both parties. The approval of a reasonable extension of said timetable for repairs beyond May 1, 2002 shall not be unreasonably withheld by 5. By 5 p.m. on March 15, 2002, Lewis Investments, Inc. shall provide to City confirmation of engaging appropriate reputable contractors to perform the various repairs outlined in the final Plan of Repair and Construction Schedule. Said confirmation shall be provided to City by submission of copies of contracts with said contractors, and references for those contractors shall be available to City upon request. 6. By 5 p.m. on March 15, 2002, Lewis Investments, Inc. or its duly authorr~ec~,ont~actor_~T~-- shall submit appropriate applications for those building permits necessacytg-;effee~the repairs outlined in the final Plan of Repair and Construction Schedule. All building permits issued in accord with the final Plan of Repair shall be limited in duration to the pedod of time outlined in the final Construction Schedule. Lewis Investments, Inc. will not be required to post a bond to obtain a building permit. 7. After issuance of the building permit, the City shall have the right of reasonable access to and reasonable inspection of the work in progress throughout the duration of the ) project. ~ 8. Failure, as determined by the Building Official, to make substantial progress in the ) performance of the terms of this agreement, including but not limited to performing the ~ inspection, submitting the preliminary or final Plan of Repair and Construction ! Schedule, engaging contractors, providing evidence of contracts, applying for permits, and/or completing repaim or construction as outlined above and/or in the final Plan of Repair and Construction Schedule shall be deemed a failure to abide by the terms of this agreement and considered a default. 9. In the event of default, the rights of the parties to enforce this agreement shall not be ~ limited or exclusive to this action. Rather, the parties shall have the right to pursue any and all legal and/or equitable remedies, including but not limited to, the enforcement of municipal infractions via citation, condemnation, rule to show cause for contempt and/or enforcement of the original Board of Appeal decision through this litigation. Further, in an action to enforce the terms of this agreement, the party against whom enforcement is sought shall be liable for the attorney's fees of the enforcing party upon application and court order for same. 10. At all times dudng the effect of this Agreement, Lewis Investments, Inc. shall have the right and/or alternative to demolish the structures in question, eithe or~.~ngly. 5 ~ -i '7' ~  7~. co Hov 2? O1 01:09p p.1 HOV 27 2001 12:23PM D. . LRW ~IRM 319339 ~G p.8 However, the issuance of a demolition permit and completion of such demolition shall comply with the limelines outlined above, end shall in all cases be co~olete by May 1, 2002. 't 1. This SettJeme~t Agreement shelf become effect~e only upon written approval and entry of a Coult ruder. Further, as this subject of this agreemenl is the property and eb'uctum~ es 426 Bayard Streel, Iowa City, Iowa, this agreement shall be binding upon the parties+ successors in interest and/or assigns. '12. Upon compietJo~ and ~scharge of the temls and obligations contained in this agreement, Lewis Inveslrnenls. Inc. shall file a dismissal wrth prejudice of thB instanl acUon, and the City shall record, in the Johnson County Recorder-~'s Office, a.n ebendonm~nt of its Notice of Dedaral~on of Dangerous Building and Order to Vacate and Repair or Demolish lhe st~ctums al 426 Bayard Slreet. WHEREFORE. Plaintiff am'J Defendanl pray that the Courl approve this proposed =ettlement agreement and enter an order specifically approving and adopllng the same, By: I~arlin Diaz L96'h5-~ o~ey'" 528 South Clinton Street 41D East Washington St. Iowa City, iowa 52240 Iowa City, Iowa 52240 (319) 339-4350 (319) 356-503,0 ATTORNEY FOR PLAINTIFF ATTORNEY FOR DEFENDANT PLAINTIFF, LEWIS INVESTMENTS, INC, DEFENDANT, CITY OF IOWA CI'I'Y, IOWA David O. Wergeiand Sole Stockholder ~.~ Lewis Investment, Inc. Attest: Marian ~.l~arr. City Clerk Hov 27 Ol Ol:09p p.2 MOV 27 2001 12:~3PM D~ LflW FIRM PLAINTIFFS' ACKNOWLEDGEMENT STATE OF ~a.~__) )SS: ~..~.~0 UNTY ) On lb~ ~_~__ d~y of ~_ ~ / , ~01, ~fom ~, the undersign, a Nota~ ~ic in and ~ sa~ ~n~. in ~ S~, ~na~ ap~amd Dav~ G. We~eland. to ~ ~m~ k~, who b~ by me duly sworn d~ say ~M he is ~e ~Nid~ ~d in 1he ~in a~ ~oi~ ~s~nl, ~t said I~ ~s s~n~ by him indN~lly a~ ~ ~e m~m~n. L~ Inve~nls, ~ ~ o~1 ~d~ as s~ sto~der .~ .~a ~. a~ t~t ~ a~leda~ ~d~ of ~ ~e~i~ ~slm~nl to / ~ MyCo~is~nE~res [ N~a~icin~forl ~S~[~o,~~ CI~S AC~O~EDGEMf STA~ OF IOWA ) ) SS: J~NSON COUN~ ) On this ~ 7 day ~ ~m~ x 2001, ~om ~, ~e u~em~n~, a Nota~ Public in and for ~ ~un~, in said $~, ~ly ~ Em~! W ~h~n ~d Ma~n ~ ~n, to ~ ~r~lly ~, ~o ~Ing ~ ~ du~ ~m, did say ~ ~ey am t~ ~ayor anO C~ ~rk, ~p~Nel~ ~ said ~Nd~l ~r~l~n exerting ~e foregoing Instant; ~ ma ss~ ~ ~mto ~ 1~ seal ~ sa~ ~dpa ~mfon; ~ sa~ instru~nl ~ ~n~ a~ sealed on ~haff of sa~ municipal ~om~ ~ aulhod[y of Oty ~uncll of said munlO~l ~oml~n; ~ ~ the Ernest W. Lehman ~d Ma~an K. Kart a~g~ ~at ex~ ~ sa~ ins~t ~ ~ ~e ~lun~ ~ ~ dead of said mu~l ~pom~on a~ ~ ~ ~lu~ e~. ~ml~on Numar 1~7~ Public in and f~ the 5tare of Iowa I 1, / RESOLUTION NO. 01-381 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, the structures located at 426 Bayard Street, Iowa City, Iowa have been the subject of a Notice of Declaration of Dangerous Building and Order to Vacate and Repair of Demolish pursuant to the 1997 Uniform Code for the Abatement of Dangerous Buildings; and WHEREAS, Lewis Investments, as contract vendor of the subject property, appealed said Notice of Declaration to the Iowa City Board of Appeals; and WHEREAS, the Iowa City Board of Appeals upheld said Declaration and issued a Decision requiring the posting of a performance bond prior to the issuance of a building permit to effectuate repairs on the subject structures; and WHEREAS, Lewis Investments, Inc. filed a lawsuit in the Johnson County District Court, No. EQCV 061170, against the City of Iowa City with regard to alleged constitutional violations resulting from the City's enforcement of the Iowa City Board of Appeals decision requiring Lewis Investments, Inc. to post a performance bond to obtain a building permit to effectuate repairs on the structures located at 426 Bayard Street, Iowa City, Iowa; and WHEREAS, all parties in this matter have arrived at a settlement agreement and wish to resolve the claim without further litigation; and WHEREAS, it is appropriate to approve said settlement agreement, which provides for the inspection and repair of the subject structures pursuant to approved repair plans and construction schedules, and provided said repairs are made satisfactorily, provides for the mutual abandonment of the above-noted Declaration of Dangerous Building and dismissal of the above- noted District Court action with prejudice. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The attached settlement agreement in Johnson County District Court case No. 061170 should be and is hereby approved as being in the best interests of the City of Iowa City, and the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, said agreement. Passed and approved this ?7th day of November ,2001. ..---Ae~oved by, :~ CrFY CLERK '- ( ,{;~ity Attcirn~y's/Offic~,, Resolution No. 01-381 Page 2 It was moved by Vanderhoef and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoet- !_-' STATE OF IOWA ) )SS $OHNSON COUNTY ) I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Resolution . attached hereto is a tree and correct copy of Resolution No. 03-34 which was passed byth¢ City Council of Iowa City, Iowa, at a regular meeting held on the 21st day of lanuary 2003, all as the same appears of record in my office. Dated at Iowa Ci _ty, Iowa, this 22nd day 0flanuary, 2_00_3. City Clerk ~res 410· BAST WASHINGTON STBHBT * IOWA CITY. IOWA 32240-1126 · (319) 3S6-3000 · PAX (319) 356-3009 Prepared by: Susan Dulek, Assistant City Affomey, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 03-34 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 428 BAYARD STREET, WHICH lB A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUlSANCE~ WHEREAS, under Iowa Code section 364.12A, a city may condemn a residential building found to be a public nuisance and take title to the property for the public purpose of disposing of the ProPerty bY conveying the property to a private individual for rehabilitation or for demolition and construction of housing; and WHEREAs, 'the property locally known as 426 Bayard Street, which contains a single-family dwelling and a detached, garage,'is a public nuisance; and WHEREAS, since at least1997, said property has been the subject of numerous complaints, citations, and notices of vlolat ons due to tall weeds and snow on the public sidewalk, Inoperab.e vehicles parked In the yard, unsafe electrical system, and accumulation of junk, and dangerous building; and WHEREAS, in March, 1997, the City receivecJ complaint~ concerning garbage and junk in yard, inoperable vehicles parked in the'grass and the generally poor cond.tion of the structures; and WHEREAS, on March 10,1997, the City sent Notices of Violation for garbage and for inoperable vehicles to Lewis Investments Inc. and Mary Lea; and WHEREAS, on March 17, 1997, the City sent a Notice of Vi°lation to Lewis Investments, Inc. concerning structural code violations that applied to the house and the garage; and WHERF_~..S, o.n Apri! 2, 1.997, during a meeting· with City staff, Charles Johnston, ~o was~,~ represenung Lew~s Inves~'nents, Inc., agreed to take resDonsibilitv for the nrnn~rh~;:~ fn comply .w~.'th a ti.m.e.t.able for the clean up and repair that 'provided'the vehi~i~;~,~r~ei~'~.~ ~:; -T__.~ removea Immea~am~y, the garbage removed by May 9,1997, and the repairs mad~ September 8, 1997; and WHEREAS, on April 9, 1997, a copy of the Notice of Violation concerning junk and~ge?- originally sent March 10, 1997 to Lewis Investments Inc. was sent to Charles Johr~on; anl~ WHEREAS, on Apdl 14, 1997, a City Inspector found that inoperable vehicles still 'on property; and WHEREAS, on April 24, 1997, the City sent a Notice to Abate inoperable vehicles to Charles Johnston via certified mail; and · WHEREAS, on May 5, 1997, a City Inspector noted that yah c es had been removed but garbage and Junk were still on property; and WHEREAS, on May 9, 1997, the City issued a municipal citation to Lewis Investments, lnG. issued for junk and garbage; and 0 0 0 EXHIBIT WHEREAS, on. May 27, 1997, the court ordered that Lewis Investments, Inc. to have the property cleaned up by June 1, 1997; and WHEREAS, on May 30, 1997, the City sent a letter to Charles Johnston reminding him of the court order and stating that if the property was not cleaned up, the City would do it and assess costs to property; and WHEREAS, on June 2, 1997, a City inspector found the property still not cleaned Up; and WHEREAS, on June 3, 1997, a City inspector met Charles Johnston at 426 Bayard, and Mr. Johnston committed to have the property cleaned up by June 16, 1997; and WHEREAS, on June 16, 1997, City inspectors noted that most of the debris had been cleaned up, but that four (4) items st~ll remained (clothes washer, two. lawn mowers and rubber mat) and Charles Johnston assured the inspectors that they were being taken care of; and WHEREAS, in April 1998, a City Inspector found the four (4) items were still on the property as well as some additional items; and WHEREAS, on September 8, 1997, a City inspection showed that no progress had been made on repairs to the structures on the property; and WHEREAS, on November 14. 1997, the Ci.ty issuect h'~O ,~, ~ ' .-~ ' - ...... un,c~pal ,,,tat~o,,a for failing to repair the house and the garage; an~ WHEREAS', on January 27, 1998, the City sent a Snow Violation Notice to Lewis nvestments, Inc.; and - WHEREASi on February 18, 1998, Charles Johnston entered a plea agreement in the municipal citations issued on November 14, 1997 in which he agreed to do the repairs by April 17, 1998; and WHEREAS, on May 5, 1998, Charles Johnston had done the repairs; and WHEREAS, orl November 19, 1998, a City inspection report shows that the same ~. ns~t existed on the house and garage In the spring of 1997 still existed; and WHEREAS, on April 14, 1999, the City posted the house as a dangerous building; ah~.~ WHEREAS, on May 11, 1999, the City sent to Lewis Investments, Inc. c/o Richard Bl~rn ~ ~--~ Dangerous Building and Order to Repair notice; and ~__ .. WHEREAS, On May 14, 1999, the City sent the same notification to Richard Blackburn to Lewis Investments, Inc. c/o David Wergeland, Phoenix, Arizona, and the order gave until August 1 to make repairs; and WHEREAS, on September 15, 1999, the City sent a Notice of Violation for tall grass and weeds; and · WHEREAS, on September 15, 1999, the city Issued a municipal citation for failing to repe~ dangerous building; and 'WHEREAS, on October 7, 1999, the court found Lewis Investments, Inc. in violation of the City Code and ordered it to abate the dangerous building immediately, and if not, the City is given the right to make repairs and assess the costs to the property or demolish the property; and WHEREAS, on March 27, 2000, the City sent a Notice of Violation for unsafe electrical system; and WHEREAS, on March 27, 2000, the City sent a Dangerous Building and Order to Vacate, Repair or Demolish notification to Lewis Investments, Inc. with a May 1 deadline; and WHEREAS, on June 16, 2000, the e ectrlcal service to the house was terminated per Notice of Violation of February 27, 2000 and staff believes that the house has not had electrical service since then; and WHEREAS, on August 15, 2000, the Board of Appeals affirmed the City's decision finding the house to be a dangerous building and authorfzed demolition unless Lewis Investments, Inc. posted a performance bond; and WHEREAS, on November 11, 2000, the Court entered 'a temporary injunction preventing demolition until issues regarding the performance bond were resolved; and WHEREAS, on June 14,2001, the City sent a letter to Lewis Investments, Inc. requiring registration of vacant building in 30 days and the building has never been reg!stered; and VVHEREAS, on July 25, 2001, the City sent a Notice of Violation sent for weeds and junk on property; and WHEREAs, on November 27,2001, the City and Lewis Investments, Inc. entered into an agreement in the injunction lawsuit, in which the City agreed not to demolish the house and Lewis Investments, Inc. agreed to the following: By 1/18/2002 permit an inspection of the structures by a third party agreeable.to both parties who could evaluate the Condition of the structures and generate a report; by 2/15/2002, submit for approval a preliminary plan of repair and construction schedule; by 3/2/2002, submit a final rePair plan including the finalized schedule; by 3/15/2002, provide a list of contractors and copies of contracts for the repair work; and by-5/1/02, all work was to be completed; and WHEREAS, Lewis Investments, Inc. has not fully complied with the agreement reached on~, November 27, 2001 and the work is still not completed;. WHEREAS, on March 15, 2002, Lewis Investments, Inc. applied for a building permit at t City found inadequate; and WHEREAS, on April 5;2002, the City issued a building permit with the condition tha~;work~ specified in the report must be completed by May 1, 2002, and the work is still not ~o.n~.'let~ and WHEREAS, on June 7, 2002, the City issued a tall grass and weed Notice of Violation to Lewis investments, Inc.; and WHEREAS, on November a, 2002, the istr ct court dissolved the temporary injunct , UU , ,.... EXHIBIT WHEREAS, the house is ourrenfly not secure; and WHEREAS, the house has not been inhabited for at least five (5) years; and WHEREAS, absent Intervention it is highly likely that said property that will continue to generate nuisance complaints and violations and will oontinue to deteriorate and become even more hazardous until the 'house will no longer be salvageable; and WHEREAS, the title holder of record of 426 Bayard Street is Lewis Investments, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The property locally known as 426 Bayard Street is a public nuisance. 2. It is in the public interest of the City of Iowa City to acquire said property for the public purpose of disposing of said property by conveying the property to a private individual for rehabilitation or for demolition and constructiOn of housing pursuant to Iowa Code section 364.12A. 2. The City manager, or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the propen'7 to be acquired, and to make an offer to purchase the property for the established fair market value.' 3. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of.said property. · 4. The City Manager, or designee; is authorized to sign offers of purchase and purchase agreements for the purchase of said property. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the purchase of said property. The City Attorney is hereby directed to ~take all necessary - action to complete said transactions, as required by law. 6. In the event the property cannot be acquired by negotiation, the City Attorney is hereby authorized and* directed to initiate condemnation proceedings for acquisition of said proPerLY, 3 Passed and approved this 21st _ day of ~ ~ 200~ Approved' by It was moved by O' Donnel] and seconded by Pfab the~l~esol~ adopted, and upon roll call there were: OWA MEMORANDUM CHRONOLOGICAL HISTORY OF COMPLAINTS AND ENFORCEMENT: March, 1997: Complaints received on 426 Bayard concerning garbage and junk in yard, inoperable vehicles parked in the grass and the generally poor condition of the structures. March 10,1997: Notices of Violation (1 for garbage and 1 for inoperable vehicles) sent to Lewis Investments, Inc. Mary Lea, 426 Bayard St. March 17, 1997: Notice of Violation sent concerning the structural code violations that applied to the structures on the property (see Document 1 and pictures from 1997). March 27,1997: City received fax from Lewis Investments requesting extension. A statement was made that property may not be theirs. April 2, 1997: Meeting between Doug Boothroy (Director, Housing and Inspection Services), Gary Klinefelter (Sr. Housing Inpector) and Charles Johnston representing Lewis Investments. At that meeting, Mr. Johnston agreed to take responsibility for the prope~, and to a time table for the clean up and repair. (vehicles to be removed immediately, garbage by May 9,1997 and repairs by September 8, 1997). April 9, 1997: Sent copy of Notice of Violation concerning junk and garbage originally sent 3/10/97 to Charles Johnston, 820 Rider Street. April 14, 1997: Inspector found that inoperable vehicles still on property. April 24, 1997: Sent Notice to Abate inoperable vehicles to Charles Johnston, 820 Rider Street via certified mail. May 5, 1997: Inspector noted that vehicles had been removed but garbage and junk were still on property. May 9, 1997: Citation issued for junk and garbage -initial court date of 5/27/97. May 27, 1997: Failed to appear, found guilty, court ordered to have property cleaned up by 6/1/97. May 30, 1997: Sent letter to Charles Johnson, 820 Rider Street reminding him of court order an(~ating that if property was not cleaned up, the City would do it and assess costs to propelS'C) June 2, 1997: Inspection disclosed property still not cleaned up. C~ -':~ -- ::".2 June 3, 1997: Inspector met Chuck Johnston at property. He committed to have property cleaned?a_p ~y Jur~. ~ 16, ,,199c-7. June 16, 1997: Inspectors noted that most of debris had been cleaned up - 4 ~tems still remained ~l~lothes '~sher, two lawn mowers and robber mat). Charles Johnston assured inspector they were being tak~ care of. ,-ua m~pecuon in ^pal oI 1998 revealed that the items were still there as well as some additions. September 8, 1997: Inspection showed that no progress had been made on repairs to the structures on the property. November 14, 1997: Citations issued for non -repair of structures (l citation for the house and 1 for the garage). December 9, 1997: Inspector (Gary Klinefelter) received call from Chuck Johnston wondering why the sheriff was trying to serve him with citations and complaining about the process. He made statements to the inspector which were perceived as threatening. December 16,1997: Johnson County Sheriff certified that they had made 10 attempts to serve Mr. Johnston and were unable to do so. The original court date of I 1/26/97 was missed and changed to 1/29/98 and the notification was published in the Press Citizen 12/29/97, 1/5/98 and 1/12/98. January 27,1998: Meeting between Gary Klinefelter, Andy Matthews (Asst. City Attorney) and Charles Johnston. Mr. Johnston requested that the court appearance be extended 30 days. The request was denied. January 27, 1998: Sent Snow Violation Notice to Lewis Investments, 426 Bayard. January 28, 1998: Written plea 0fnot guilty submitted to court. Trial date set for 2/18/98. February 18, 1998: Charles Johnston enters a plea agreement in which he agrees to do the repairs by 4/17/98 and he agrees that if not done, the City can do the repairs and assess the cost to th6 property. May 5, 1998: Repairs not done. Court grants defendant, Charles Johnston, l0 days to file a written objection. If no written objection is received, then the original plea agreement stands. June 17.1998: Written nhjeetinn ~tat~ that a l -r~,4,, .,,tlo · .... ~ .... ................. ~ .... us ..... fi~atmn ~.~ a~ not oent ~o pr,,pcr~ o~r and therefore process will hav~ tn ................ · su[lll'~atl~Jll 3~111. LO prop~r~y owner. August 13,1998: Request sent to Security Abstract for a title opinion on 426 Bayard St. NOTE: Since one of the most complicating factors concerning enforcement on this property has been the ownership issue, a brief synopsis of the title opinion done in 1998 is relevant. Joe and Elizabeth Schaaf were the original owners of the property who agreed to a contract sale of the property (Memorandum of Contract)to Charles Johnston and Mary Lea Leitch which was recorded in January of 1976. However, the actual signed installment contract was never recorded. There is no indication if all payments were made pursuant to the contract or if the property reverted to the Schaafs. In August of 1979, a Quit Claim deed was recorded that conveyed the property fi.om Charles Johnston and Mary Lea Leitch to Ma~ Lea Leitch Johnston. The 1988, a divorce decree was entered which also provided that Mary Lea Johnston was awarded the home at 426 Bayard Street. On February 14, 1989, Charles Johnston filed suit against Mary Lea for breach of contract stating that she had promised in a contract to Convey one-half interest in the property to him. The case was dismissed. Then, however, the Schaafs did convey the property to Lewis Investments by a Quit Claim deed (recorded October, 1989). Charles Johnston conveyed any interest he had in the property to Lewis Investments by Quit Claim deed on April 15, 1990. On March 15, 1990, An offer to buy real estate was recorded between Mary Lea and David and Sinaya Nadler. The Nadlers filed suit on May 18, 1990 against Charles Johnston and Lewis Investments. There was a stipulated settlement filed on October 2, 1991 and a satisfaction of judgement filed on 12/26/1991 concerning this case. In December of 1997, a petition was filed by Iver Cairns and Bridge Associates, Inc. against Lewis Investments, Inc. and Charles Johnston seeking to impress a constructive trust (similar to a lien) to the property. A default judgement was found by the court against CharlesJohnson but denied judgement against Lewis Investments (March, 1999). A separate judgement was entered in favor oliver Cairns against Charles Johnson in May of 1998 in the amount of $94,000 plus attorney's fees and court costs. The property has been sold a tax sale several times in the 1990's but no buyer has applied for title. ~.~ November 19, 1998: Inspection report shows that the same violations that existed on the structure in the spring of 1997, still existed. January 7, 1999: Dangerous Building and Order to Repair notification sent to Lewis Investments, e/o Richard Blackburn, Keosaqua, IA. March 23, 1999: Dangerous Building and Order to Repair notification sent to Lewis Investments, c/o Richard Blackburn, Keosaqua, IA. April 14, 1999: Posted building as Dangerous Building. May 11, 1999: Dangerous Building and Order to Repair notification sent to Lewis Investments, c/o Richard Blackburn, Keosaqua, IA - signature for certified mail received signed Richard Blackburn May 14, 1999: Same notification resent certified mail to Lewis Investments, c/o David Wengeland, Phoenix, AZ. Order gave until August 1 to make repairs. July, 1999: Received estimate from contractor for roof repairs of $5,825 and an affidavit from a roofer stating that he had done emergency repairs to the roof for $1,000. September 15, 1999: Notice of Violation sent for tall grass and weeds and a citation was issued for non -repair of Dangerous Building. Citation was sent certified mail to David Wengeland and a signature was received. September 22,1999: Wengnland called and set up meeting at property for 9/23/1999. c~,-,,,her '7, moo'. Init/al com't date and ,,,m_or faiNta appoar c'n,l_..-t ~qnrls him ~m.~ilty ,nd '~r,~ers *,, abate the assess the costs to the property or demolish the property. NOTE: Because either course could cost more than $10,000, the City would have needed to get permission in District Court and even with the house repaired or demolished, there would no guarantee that the house would not fall into disrepair again or, if demolished, the weed and snow nuisances cease. In other words, the City would have spent a lot of money and the problem would not necessarily be solved. March 27, 2000: Notice of Violation sent for unsafe electrical system. Also new Dangerous Building and Order to Vacate, Repair or Demolish notification sent to Lewis Investments, c/o David Wengeland - given May 1 deadline. A Citation was also issued -initial court date of 4/27/2000. April 27, 2000: Submitted written Not Guilty plea to court. Court date set for 6/28/2000. May 8, 2000: Martin Diaz (Attorney representing Lewis Investments) requested an Appeal through the Board of Appeals requesting that the Dangerous Building notice be modified with respect to the dates when action must be taken until the owner could be properly advised as the nature and extent of needed repairs and be given a reasonable opportunity to resolve the problem. June 16, 2000: Electrical service to building is terminated per Notice of Violation sent 2/27/2000. June 18,2000: Court ordered continuation of case pending the Board of Appeals decision.__ June 19, 2000: Received building permit application for repairs to structure (soffits only) -value.~ W~r-Dork placed at $1,000. June 20, 2000: Board of Appeals members met at 426 Bayard to do on- site inspection. August 8, 2000: Notice of Hearing Date (August 15, 2000) with proposed decision from the Board of Appeals sent to all required parties. August 15, 2000: Request from Martin Diaz for a continuance stating that Mary Lea is the owner with substantial interest and that she hadn't been given an opportunity to protect her interest. He also had a concern with the performance bond being required before a building permit was issued. The request for a continuance was denied. August 15, 2000: Board of Appeals meeting. Public comment was given by neighbors concerning the condition of the property. Charles Johnston noted that the owner (Mary Lea) had not been notified. Board approved the decision report but reduced the performance bond from 150% of the assessed value to 100% of the assessed value. The property owners were given 30 days to comply with decision of the Board. Late August, 2000: Mary Lea came into Housing and Inspection office (she currently resides in Saudi Arabia). She stated to Tim Hennes (Sr. Building Inspector) that she absolutely had no interest in the property anymore since she had signed over the property several years earlier to Charles Johnston by Quit Claim deed. She had originally given Hermes her business card with her address in Saudi Arabia but after discussing her past dealings with Mr. Johnston, she asked to have it back. September 15 -25: Correspondence back and forth between Martin Diaz and the City Attorney's office with Mr. Diaz requesting changes to the Board's decision and the City stating that the Board's decision would stand. o,~vt,.mb,~, ~-,, ,~,00. ,~o In,.~hm~nt~ ,h~d fo,, ,cmp,~rary November 11, 2000: Injunction preventing demolition was granted until performance bond issue is settled in District Court - it takes a year to get a court date. Thai is scheduled in November, 2001. The dismissal of City rulings was denied. June 14,2001: Sent letter requiring registration of vacant building in 30 days. The building has not been registered. July 25, 2001: Notice of Violation sent for weeds and junk on property (see pictures taken July, 2001) NOTE: clothes washer by back door in 1997 was put back in the same place in 2001. November 27,2001: District Court decision and Settlement agreement concerning the temporary injunction. The City and Lewis Investments reached a settlement. In order for the City to desist its action to demolish the building, Lewis Investments agreed that by 1/18/2002 an inspection of the structures at 426 Bayard would be performed by a third party agreeable to both parties who could evaluate the condition of the structures and generate a report. By 2/15/2002, Lewis Investments would submit for approval a preliminary plan of repair and construction schedule. The proposed timetable was not to extend past 5/1/2002. By 3/2/2002, Lewis Investments was to submit a final repair plan including the finalized schedule. By 3/15/2002, Lewis Investments was to provide a list of contractors and copies of contracts for the repair work. Also all required permits were to be applied for. Work was to be completed by 5/1/2002. Default of this agreement would allow the City by court decree to pursue any and all legal remedies previously allowed by the Court and the Board of Appeals. January 18, 2002: Inspection was conducted with Iowa City building inspectors and Randy Van Winkle of Van Winkle Engineering. A report was presented which delineated the needed repairs to the structure. January 4-March 4, 2002: Numerous letters back and forth between Sarah Holecek, Asst. City Attorney, and Martin Diaz, attorney for Lewis Investments concerning details of the settlement agreement and requests for extensions of the terms. March 15, 2002: Building permit application submitted showing a total value of the project of $31,200. A proposal from the contractor was attached along with an estimate from Tc~mlinaon Cannon for the r:pair of the basement foundation. The City felt the proposal was inadequate and info._rm_ed _~. Diaz. April 5,2002: Building permit issued with the condition that all work specified in the report must be com- pleted. March 20-May2, 2002: Correspondence between parties concerning the permit and the unfinished work. May, 2002: Repair of the roof commences after May 6, 2002. City requests a contempt of court ruling against Lewis Investments. June 3,2002: The City requests an inspection of the property pursuant to the settlement agreement. Mr. Diaz replied that it would not be possible because the contractor was out of town. The City is informed in this same letter that a bankruptcy proceeding by Mr. Blackburn in Keosaqua has listed 426 Bayard as an asset which affects all parties involved. June 7, 2002: Tall grass and weed Notice of Violatiun sent to Lewis Investments. June 13, 2002: District Court ruling on the contempt of Court - The judge did not feel it was appropriate to rule that Lewis Investments was in contempt because he considered the settlement agreement a private agreement and because of the complication of the bankruptcy proceeding by Mr. Blackburn. He advised the City to get the bankruptcy stay lifted so that the Court could then remove the tem- porary injunction and the City could demolish the structure. November 21, 2002: Since the bankruptcy stay had been lifted, District Court dissolves the temporary injunction. Note: The day before the hearing, parties were observed at the property raking leaves and trying to make the property look more presentable. Accou~ Activity Statement Date: 09/15/03 Page: 1 of 1 Account Number: 20991 ]8019 Mail To: Credit Amount: $0.00 Account Status: ~ Previous Balance: $0.00 Deposit On Hand: $0.00 New Charges: $0,00 IOWA CITY IA 52244 Suspended Charges: $0.00 Account Balance: $0.00 Requested By: Service Ad~ress: TERRy HODGINS 426 BAYARD ST (319)777 7777 Extension: 0000 iOWA CITY IA 52246 Current Rate(s): 1. 60 Residential Gas 2. 09 Residential Electric BUDGET BILL ATE TPJ%NSACTION BILLING DUE TRANSACTION A]~)UNT CURRENT BUDGET MET~ READ/ USAGE BILLED DAYS 1/21/1996 GAS SERVICE 10/22/1996 $80.12 1/21/1996 ELECTRIC S~RVICE 10/22/1996 $13.83 0 ............................ $ 93.95 ......................... $17-17 $-173.48 ........ $19.89 0 ................. $19.64 ............................. $-53.16 ..... $16.93 ~ ........... s-3~.08 ..... $17.22 .............................. $-38-06 '2~/~9~ ~ ~W~E ---~-~ ................................................ ~-~ -~- -~ , ~ 12/23/1990 GAS SERVICE 11/20/1998 12/23/1998 $92.34 12/23/1998 ELECTRIC SERVICE 11/20/1998 12/23/1998 SI0363757 000! 12/23/1998 Regular Bill $8.76 G54054110 003( 01/18 $101.10 12,31/1998 Payment - Direct Deposit ~2/31/1998 Payment Direct Deposit $-8.76 ...................... $-92.34 01/27/1999 GAS SERVICE 12/23/1998 01/27/1999 $199.50 01/27/1999 ELECTRIC SERVICE 12/23/1998 01/27/1999 $12.79 SI0363757 0003 01/27/1999 Regular Bill G54054110 0034 ...... 02/18 $212.29 02/03/1999 Payment - Direct Deposit - 02/03/1999 Payment - Direct Deposit $ 12.78 ....................... $-199.50 02/26/1999 GAS SERVICE 01/27/1999 02/26/1999 $108.66 02/26/1999 ELECTRIC SERVICE 01/27/1999 02/26/1999 SI0363757 0003 02/26/1999 Regular Bill $9.25 G54054110 0034 03/22 $117.91 03/04/1999 pa!rment - Direct Deposit 03/04/1999 Payment - Direct Deposit $ 9.25 ....................... $ 108.66 03/26/1999 GAS SERVICE 02/26/1999 03/26/1999 $91.11 03/26/1999 ELECTRIC SERVICE 02/26/1999 03/26/1999 $9.08 SI0363757 0004 03/26/1999 Regular Bill G5405411o 0034 ..................................... 04/19 $100.19 ........................ $-91.11 ............ 05/18 $50.97 ......................... $-43.85 ..... 06/16 $31.78 ....................... $=25.16 .... 07/16 $30.67 .......... 08/17 $30 92 S54054110 0034~ BUDO ET BILL DATE TRANSACTION BILLING DUE TPJtNSAC T I ON AMOUNT CURRENT BUDGET METER RE; TYPE PERIOD DATE AMOUN~ DUE BILL BALJ%NCE NUMBER TY~ 08/02/1999 Payment - Direct Deposit 08/02/1999 Payment - Direct Deposit $-6.49 ........................... $-24.~3 09/24/1999 ~AS SERVICE 07/26/1999 00/24/1999 $23.14 00/24/1999 ELECTRIC S~RVICE ~7/26/1999 08/24/1999 $6.3~ SI0363757 00042 08/24/1999 Regui~r Bill G5~054110 0034~ __ _ 09,'15 $29.~4 09/01/1999 Payment - Direct Deposit 09/01/1999 Payment Direct Deposit $-6.30 09/23/1999 ELECTRIC SERVICE 08/24/1999 09/23/1999 $6.68 SI0363757 0004~ G54054110 003¢~ 09/23/1999 Regular Bill 10/15 $30.69 Read MidAmerican Energy Company Account Activity Statement *** Account Info~ation **+ *** Current Account Status Accotmt Nualber: 20991-38019 Mail To: Account Status: Final Credit A~ount: $0.00 Pre Customer N~me: TERRy MOl)GINS Deposit Requested: $0.00 Cuz Deposit On-Hand: $0.00 IOWA CITY IA 52244 Suspended Charges: $0.00 Acc Requested By: Service Address: ..................................................... $-38.57 ........................ ~-~!.~ ..................................... $11,59 ................................. $-151.]5 04/23/1998 ELECTRIC SERVICE 03/25/1998 $$9.562'49 ~,~ ~ 1,~ os~o~/199~ ~a~.~ - Check ---~ ........................... ~->-~---<~- ................ ...................................... $- .o~ ~ .- ............ $-26.90 08/21/1998 GAS SERVICE 07/22;~;;; ........................................................................ 08/31/1998 Pa~ent - Check ............ $-26.51 $7.15 10/01/1998 Payl~ent - Check ................... ~.!~ ~l,~o,l,~ ~A~ ~,~c~ ................. ;;ii~X;;i-~iX; J; .............................................................. p. lO MAY 0 Van Winkl acob Engineering, Inc. ~y 6, 2~ M~n Di~ ~w Fi~ 5~ g. Cfinmn S~ Iowa Ci~, ~ $2240 Re: 426 ~ ~. Diaz: i- .~::;_ .. Yo= ~r i~ in ~L~ DeC.eat j~ ~ foun~fion wall ~al~a~ 3 of ~i~uz~ The ~ai~ ~tcd on ~ge 4 (inchd~g ~c p~ fa~on ~ s~lem) are only ,eco~fions. ~i~ ~ is alw~ pmf~ble to rcU~ thc ~r~i ~flh p~re on ~ent wal~. ~e ~ ~chor syslem ~n~ on ~ge 3 ~411 ~ovide S~ey~ ~e~on & PIc~e ~n~ci ~ if you hve ~y ~ ~fi~s, R~y L.~an Wi~c, P.E, V~ W~e-Jacob ~gin~, Inc. 02-305 CURRENT STATUS REVIEW 426 Bayard Street Iowa City, Iowa August 18, 2003 I hereby certify that this document was prepared by me and the related engineering work was performed by me or under my direct personal supervision and that I am a duly Licensed Engineer under the laws of the State of Iowa. ~Y~h~Ln'~~ne~am~l~ieP'~s 'D~n~ber 3Rl,eg~0~75 ~:e a' 0 ~ _s ~ 9675 ~ ~- ~-," Rondy L s % ,,:,~ ,,,,,,," PURPOSE On Friday Januaryl 8, 2002 1 performed a visual examination of the residence at 426 Bayard Street in Iowa City. The purpose of my visit was to evaluate the structural integrity of the house and provide recommendations for repair work required to bring the structure of this residence into compliance with the requirements of the Iowa City Building Code. On August 15, 2003 I returned to the residence at 426 Bayard to review the current status of the house relative to the comments and recommendations of the January 2002 report. The text of the original report is shaded· The current status comments are shown unshaded below the relevant text from the original report. ROOF The roof deck '~s m poor but scr~iceable conditiou with several exc~fions. no~h face of the roof near the center, there are several severely decayed deck ~ards a new 2 x 6 roof rafter. The decayed boards must be removed and r~laced back to the next roofra~er. ~ere is at least one hole on the no~h and south roof hces that will also need to be patched. It is recommended that the felt paper be removed from the entire roof so that it can be obse~ed and evaluated. Any additional si~ificantly decayed decking should be replaced. The decayed roof decking identified in the report has all been replaced. In addition, there are several large areas of deck that have been replaced on the south facing roof. At this time, there do not appear to be any areas of significant decay in the roof deck although several spots of efflorescence and water staining were noted. All of the eaves and soffits and all of the architectural false rooflines are badly decayed around the entire perimeter and should be replaced in their entirety. Many of the eaves, soffitts, and fascia boards have been replaced, but not all. There are areas where the eaves and soffits have been removed and there are other areas where the original soffitt and cave framing are still in place. The roof rafters are nominal 2 x 6's spaced at 24" o.c. Although originally the rafters' were all oak, several of the rafters have been replaced with new fir rafters. My analysis indicates a safe live load capacity for this roof system of 151bs/ft2. The IBC 2000 requires a live load capacity of 17.51bs/ft2 in Iowa City. Although approximately 15% below the IBC snow load requirement, the roof framing has functioned adequately for 70+ years. No change from the original report. FLOOR AND CEILING~ The first and second floors have been framed using oak 2 x 10's spaced at 16"o.c. The capacity of these floors is in excess of the 40 pst'design live load specified in the IBC 2000. The attic floor is 2 X 8's at 16"o.c. which are also adequate. No significant areas of&cay or structural distress were noted in any of the visible floor joists. No change from the original report. The ceiling plaster in the living room is sagging badly and near collapse. This ceiling must be moved and replaced. With the exception of the dining room, all other first floor ceilings have been removed and are to be replaced. Mold was noted on the living room ceiling. Removal of the mold covered__plaster must be performed in accordance with current remediation practice for mold in ' ns.~,:~, The 2"a floor joists above the kitchen have had numerous notches and holes cut in them for the 2nd floor bathroom plumbing. In addition one joist space is 26 ~" wide for use as a plumb, lng chase (remaining joists are at 16" on center). Although these modifications have weakened this floor framing, the live load capacity is still in excess of 40psi. However, no further holes or notches should be allowed in these joists. No change from the original report. On the west-end of the house there is a room on each floor that appears to have been an addition to the original house. This addition does not have a basement but a crawl space instead. All of the floors and ceilings in this addition slope to the west. However, it is clear from the window and door frames that the slope observed was built into the addition and is not the result of foundation settlements or structural failure. No change from the original report The walls of this house are basically plumb and the doors and windows operate freely. This is an indication that little or no differential settlements have occurred. No apparent change from the original report. Near the center of the first floor a 28" x 8ft long opening has been framed into the first floor j0iSts. SeVeral theories were advanced concerning the purpose of the framed opening. Whatever its purpose, it was framed so that all of the load from an 8~.wide strip of the Ist floor is carded bY only a single 2 x 10 on each end to the center bearing wall. The shear capacity fthe 2 x 10 s at full design loads is exceeded by 50%. It is recommended that 4 x 4 treated timber posts be installed at both ends of the double 2 x 10 header to transfer the first floor loads down to the basement floor. dp pi dp - The recommende osts have been ace er the January 2002 report. BASEMENT AND FOUNDATIONS The basement walls were constructed using unreinforced concrete masonry. Unreinforced CMU walls have little capacity to resist lateral loads. When retained earth becomes saturated it exerts substantial lateral pressure on basement (or retaining) walls. All of the basement walls exhibit cracking and displacement typical of failure due to lateral earth pressure. The front (south) and rear (north) walls are severely cracked and are displaced inward from I ¼ "(south wall) to 2 ¼ "(north wall). At the hinge point (approx. 4 ½ - 5 fi. above basement floor) the horizontal crack in the wall has widened to up to ~ "(along the worst part of the north wall. The east and west walls are also cracked due to lateral earth pressure. These walls are shorter than the north and south walls, which allows for more effective bracing from the intersecting walls. The cracking in the east and west walls therefore has not opened up, as it has in the north and south walls and little or no displacement has occurred. Based on the condition of these walls the following repairs are required: 1. A series of 4 earth anchors on the south wall and 5 along the north wall should be installed to stabilize these walls. Without these anchors, the north and south wails will continue to push inward until the eccentricity of the walls causes a general collapse. When the earth anchors are installed these walls should be pulled back to } plumb (or nearly plumb). The Grip Tite earth anchors recommended have been installed (5 along the north wall and 4 along the south wall). The visible parts of the earth anchor system are in good condition and appear to have been installed in accordance with the manufacturer's recommendations. The anchors are being tightened weekly to try to move the walls back to plumb (with some success). ~ ~ "~ .~T1 2. The east and west walls, although crocked, have experienced minimal displacement and may remain as current. They'~hOuld be monitored on a regular basis however, to see if displacement starts occur in these walls too. In addition to the required repairs, the following repairs are strongly recommended: 1. When the roof is repaired, all new gutters and downspouts should be installed to direct roof runoff away from the foundations. At the present, there are no gutters or downspouts on the house, although the materials are present on site. 2. In order to relieve the lateral earth pressure on the basement walls, it is recommended that a foundation drain be installed around the entire perimeter of the basement (except under the west addition crawl space). The footing drains should be either daylighted to the northwest or should drain to a sump pump in the basement. A trowelled on wate~mofmg should be applied to the outside of the basement walls and the excavation backfilled with clean granular backfill. The grade around the house should also be raised to provide drainage away from the house on all sides. The recommended foundation drain/sump pump system has not been installed to date (but is planned). The yard has not been re-graded yet. Several minor structural defects were noted in the center bearing wall in the basement. At the 3fi. door opening, there is not a structural lintil to support the 1st floor joists. A 4 ply 2 x 10 lintil should be installed with at least 6" of bearing on each side of the door opening. A lintil composed of 2-3 ½ x 3 ½ x ¼ steel angles with 2 - 10 ¼" LVL fillers has been installed. This lintil is adequate to support the loads from the first floor joist~rhe~,"'* 4½" opening at the sewer line was analyzed and is not a structural problem, c~ Also, there is another opening in the center bearing wall at the furnace duct. This hole may be patched with either concrete or brick masonry. The opening in the center bearing wall has been filled with concrete and is acceptable. The foundation wall under the west addition is badly cracked near the northwest corner. This crack does not appear to indicate a significant structural defect. However, it is recommended that the crack be filled with non-shrink grout and caulked on the exterior face. This crack should also be monitored twice per year to confirm that no further movement is occurring. The crack at the northwest comer has been caulked, but not tuckpointed. The contractor will tuckpoint this crack after the foundation walls have been pulled back to nhlmh (hr n~arlv nlnrnh~ ONLY TIME WILL TELL In the eleventh hour before the end of time With a saddened head and confused mind The Clock Tower tolled his last chime. Then moving slowly he left the ramp behind. After shaking the concrete from his feet He turned to face the shameful bane of his life. Then remorsefully peering across Linn Street For one last look at Ms. Vogel, his wayward wife. Thinking of the way she had been defiled Her very value given away in the attempt To ineptly legitimize her bastardized child With a deed and deal beyond contempt. Then on to send her illegitimate child to Hell, He looked back to bid his friend Irving, "Farewell." Taking one last look at his spouse in default. His hands dropped in awe as she turned into salt. Teary eyed he left on his southerly course Striding on with the power of righteousness. His mission was clear with a heart of remorse He was determined boldly to avenge his duress. Then it became clear to him as he drew near The Towers need to stand for one and all to see. Their redemptive purpose will be a giant mirror, A looking glass reflecting the faces of apathy. Dedicated by Jim Knapp ()de To Irvin Pfab An Honorable Man He served his people well. My regret is not that you lost in the end, But that we have lost an honest man. You by action and deed are a true friend. In the days ahead more will understand. You were there for the people in need. Working hours in endless dedication, You proved yourself by your creed. Even at times that you felt exasperation. You voted with your heart and mind. In your record there is no room for regret. Ix)oking forward you will surely find, The friends you made are with you yet. There are more battles awaiting you. People that know of your good deeds Respect does not to a title accrue, But from the kindness you spread as seeds. When you look back on difficult times Recall might does not always make right. Achievement is also the way one climbs For part of life is being able to sleep at night. For rest from duties awesome responsibility Often gives one time to recall and reflect. A time to develop a needed skill and ability, And approach the battle with a greater effect. So in separating the wheat from the chall~ Think not my friend about losing or winning 'Fake some time tc sit back and laugh After you rest there will be another inning. -Jim Knapp Page 1 of 2 Marian Karr From: Barb Coffey 6b Sent: Monday, November 24, 2003 4:16 PM To: Marian Karr Subject: FW: Re-Zoning at Saddlebmok Original Hessage ..... From: .]eft Davidson Sent: t4onday, November 24, 2003 3:52 PM To: 'mommato6@aol,com' Cc: Dale Helling; Barb Coffey; Bob Hiklo; K. adn Franklin Subject: FW: Re-Zoning at Saddlebrook Hello Irene Klinzman. Your message below was forwarded to me for reply. To answer your question, yes, a public street can be constructed that enters a private development. The street network which is proposed for the Saddlebrook area is a mix of public and private streets. This model is becoming more and more common in subdivisions, as it gives developers the option of constructing streets that do not meet City design standards as long as they are not public streets. However, all of the streets need to eventually be connected so that the system functions as a network. Both Paddock Circle and Dressage Ct were constructed at the developer's request as private streets so that alternative design standards to what the City requires could be used. The connection of a public street to Paddock Circle via Whispering Meadows Drive has been proposed since the intial development of Saddlebreek, as it has been intended that this is how a secondary means of access would be provided to Saddlebreek. It has also always been assumed from the initial planning for Saddlebrook that one of the private streets would be extended south from Paddock Circle to the future south arterial. Both of these connections will provide alternatives for you and your neighbors to access the arterial street system besides the Heinz Road intersection with Highway 6. The Heinz Rd/Hwy 6 intersection has been a great concern for many residents of Saddlebrook because of the speed of traffic on the highway. Thank you for your message. Jeff Davidson, Assisstant Director of Planning and Community Development. ----Original Message .... From: Momaxato6~aol.eom [mailto:Mommato6~aol.com] Sent: Saturday, November 22, 2003 2:43 PM To: council~iowa-city, org Subject: Re-Zoning at Saddlebrook Dear Council Members, It was with great distress when I learned of the probable re-zoning of portions of the Paddock Area of Saddlebrook. We have been residents of Saddlebrook for almost three years. At the time we decided this was where we wanted to be located in our retirement years, and were delighted with the quiet atmosphere of country living within the city limits. Many amenities were promised; covered by community covenants. In the short span of not quite three years, a number of these amenities have been removed by way of management change of the covenants. We do NOT HAVE an association. We were told once the · community was 80% occupied, it would then be turned over to the association, and we should deVelop a community Board, of which we have done. We have residents on the Board living at the Mane Gate Apartments, Triple Crown Condos and The Paddock Manufactured Homes. We realize The Paddock,LLC are considering this as a business venture; however; we believe they have not been completely forthright in their communications with residents at Saddlebrook. Once the proposed parkway has been built, it will greatly impact the lifestyle intended from the beginning of Saddlebrook Development. Two streets have been designated as access streets to the Parkway; Heinz Road and Dressage, which is a PRIVATE STREET. Also proposed in the near future is the extension of a street from Whispering Meadows to link up with Paddock Circle; which is also a PRIVATE STREET. The question I am presenting to you is this---Can a citY street be built which will enter into a private development? As a final statement, we would like the City Council to consider NOT approving this re-zoning request. Thank you for your indulgence. Irene Klinzman 275 Paddock Cr. Iowa City, Iowa e-mail: mommato6~aol.com