HomeMy WebLinkAbout1996-01-16 CorrespondenceAnnual Presentation to the City of Iowa City Council
for Participation in the Annual
Parsons Technology Iowa City Hospice Road Races...
Please let me introduce my board president, David Lubaroff.
would like to take this opportunity to say a warm welcome to you -
our friends; family really; that made the 19th Annual Parsons
Technology Hospice Road Races, held on October 29th, 1995, to a
tune I frequently hum "hot time fall in the city, the fire
department's hoses looking sooty and gritty"...
RACE FACTS
Nearly 5,600 individuals registered for the event, over 4,600
safely finished with the first person - 10 year old Johnathan Martin
of Sterling, IL in a blistering pace of 2:42 - winner of the half mile
Hawkeye Medical Hippo Hustle. He was shortly followed by 12 year
old Lauren Levy, she is 12, and an Iowa Citian who ran 3:04.
Dee Vanderhoef and Dee Norton were in the front of the
middle of the pack of the 5k walk in a time of 55:29 and 57:51
respectfully to the end of the half marathon races. YES, these fine
people were joined by walkers, wheelers, runners and tap dancers
who shuffled off to Gilbert St. all the way to the finish line...
The start was spectacular with Ms. Susan Horowitz and Kevin
Berg of The Blues Instigators on the FAMOUS SCISSORS LIFT.
Susan has already promised Mayor Naomi Novick that she will be
there to hold all three of our hands as we rise up to announce the
start of the 1996 race. Susan has been blessed with no fear of
heights.
There were 5,223 Iowans, 21 States represented, and 4 foreign
countries. Our youngest to participate were Harper Beasley,
Andrew Lubaroff, Stacy Bowen, Daniel Pacha and Chloe Bolt and
our oldest to register was 85 years young, Vernon Schaefer of
Davenport, IA.
There may be new records set in the 5k, 10K and Half-
marathon as we all eagerly await the word from USA Track & Field
regarding the 160.2 feet short by creating a new course on Hospice
Sunday morning. I learned at 7:20 a.m. that there was indeed a
"fire" on the course and the team of race operations folks under the
tremendous guidance of ICPD Lt. Tommy Widmer, County Deputy
Sheriff and Traffic Director, Joe Lalla and David Lubaroff
recreated a new course! Three Athletes anxiously await USATF's
decision but I think the team should be awarded 160.2 new pairs of
NIKE'S for bringing me out of the Twilight Zone and back into
Iowa City before 9 A.M.
There were over 927 comuniveristy volunteers that contributed
their time in order to insure that the participants enjoyed
themselves and arrived safely, each and everyone at the beautiful
finish line.
The participants found over 7,800 sponsors and raised over
112,000 for the United Way campaign and 150 teams healthfully
competed and raised over 70% of the funds including my hero, Ted
Pacha CEO of Hawkeye Medical Supply who individually raised
over $11,000 and joined Team Hawkeye Medical Supply to raise
over $15,512.
And my favorite report -- no injuries and few complaints!
know an event like this takes many "yesses" and you are very
simply this countries finest city that ever was.
You
On behalf of the board of directors of the Iowa City Road
Races, the runners walkers and wheelers, the fund raisers and the
volunteers, I wish to award you this beautiful, commemorative
poster by artist Barbara Weets-Caudill and framed compliments of
our Friends of Henry Louis, Inc.
HERE AWARD TO NAOMI NOVICK - DAVID LUBAROFF
AND NOW GET TRAINING....
You have exactly 271 days until the 20th Season of the Parsons
Technology Hospice Road Races -- Sunday, October 13, 1996...
And it is right around the corner ....
Prepared By: Peg Fraser
For the City of Iowa City
January 16, 1996
303 College Court
Iowa City, IA 52245
January 9, 1996
Ms. Naomi J. Novick, Mayor, and City Council Members
City of Iowa City
Civic Center
410 East Washington Street
Iowa City, IA 52240-1826
Dear Naomi and Council Members:
The purpose of this letter is to express my most sincere appreciation for the
completion of the Fairview Avenue/High Street Sani~ y Sewer Project in my
neighborhood last summer and fall, and to call to your attention the exemplary work of
Rick Fosse, Dan Scott, Tim Randall, and the work crew of the Water Division of the City.
Rick has been a frequent visitor on College Court and Fairview Avenue since 1993,
listening to resident concems about long standing flooding problems in our neighborhood
and regularly checking on the Project once it was underway. As soon as Dan Scott was
assigned responsibility for designing the Project, he also began appearing in our midst. He
was equally patient in listening to our coneeros and showing up regularly when the work
was actually in progress. Oftentimes this was on a Saturday or late in the day.
Tim Randall was one of two city inspectors assigned to monitor the day-to-day
progress of the Sewer Project. He, too, was on the job from sun up to sun down, and
readily assumed full responsibility for addressing concerns that arose in conjunction with
the Project_ The six members of the city Water Division replaced the old underground
water mains and services along our streets the week before the storm sewer construction
began. When they began their work it was one of the hottest periods of the summer.
What I find so remarkable about the work performance of all of these men is how
knowledgeable and skillful they were with their jobs, the professionalism they exhibited in
carrying them out, and their responsiver~ess to the residents in this neighborhood. The
citizens of Iowa City are indeed fortunate to have men like this in our employ.
With every good wish for a prosperous new year for you as our new Mayor,
Naomi, and to you, the remaining members of the Iowa City Council. I feel fortunate that I
am a resident of lowa City.
Sincerely yours,
Steve Atldns, City Manager
Rick Fosse, City Engineer
Dan Scott, Project Engineer
Tim Randall, City Inspector
City Water Division Crew
GREGORY KOVACINY
Advocacy Director
Bicyclists of Iowa City, Inc. (BIC)
521 Clark Street
Iowa City, Iowa 52240-5617
voice: h.319-338-0655 w.319-356-5206
FAX 319-356-5494
kovaciny@blue.weeg.uiowa,edu
December 22, 1995
Mayor Horowitz and Members of the City Council
City of Iowa City
410 East Washington
Iowa City, Iowa 52240
Dear Mayor Horowitz, Councilors Baker, Kubby, Lehman, Novick, Piggot, Throgmorton,
I was hoping to be in attendance at the December 19 Council meeting, but was unable to attend due
a case of bronchitis and total laryngitis which has kept me home all week.
I was very pleased to learn that a second and third reading took place and approval was voted to
amend the parking ordinances to include bicycle parking language for new construction.
Please accept my thanks for the support you have given bicycling over the current term, including
this ordinance, and other bicycle-related items, including more and higher security bicycle parking
downtown, fully vested bicycle-mounted police, BBOPS programs, to name just a few.
As I mentioned during one of my appearances before Council, making Iowa City a more bicycle
friendly community for all levels of bicyclists necessitates work in four areas (the 4E's):
Engineering, Education, Enforcement, Enhancement. I look forward to working with the next
Council to continue working on projects in these "4E's" which will continue to improve Iowa City's
multi-modal transportation system for bicyclists, pedestrians, transit users, and motorists.
Thank You again for passage of the "bicycle parking ordinance."
Yours truly,
'~teven Atkins Charles Denney
Todd Black, BIC President
file: horod225.1et
6 January 1996
City Council
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Dear City Council Members:
This letter is written regarding the proposed Abbey Lane sewer extension. I propose
an alternative solution to this extension that will benefit the Citizens of Iowa City by
cost savings.
Last Fall I attended an informational meeting on this project with the City Engineer
and a representative from the consulting firm involved in the planning of the
sewer extension. At that meeting I asked the purpose of the sewer extension and
why it needed to be done at this time. I was told the following reasons:
1) A larger sewer is need to provide service to future developments west of
US218.
2) Currently no developments are planned or contemplated by developers for
land west of US218.
3) The City wishes to finish the linkage through the Kiwanis Park before the
Park is finished to prevent the Park from having to be torn up for the
extension.
4) The City needs a larger sewer to provide better service to homes already
built in the Abbey Lane and Plain View area extending north to Benton
Street. These hook ups would be performed at about the intersection of Bury
Drive and Abbey Lane, near where Abbey Lane ends into Kiwanis Park.
5) There are three proposals for placement of the sewer with the best proposal
as advised by the City Departments for future service of the Sewer as that
running under the North side of Abbey Lane.
6) The sewer would cost approximately $700,000, to be born by the City until
such time that hookup fees were received by the City from developments
~ of US218.
Therefore, I propose that the sewer be built through Kiwanis Park and under Abbey
Lane to the point where the hookup for the Abbey Lane/Plain View homes could be
done. The extension could be terminated a short distance past this location. The
extension of the sewer to west of US218 could then be done when and if
development is planned for the west side of US218. This would accomplish the
goals as stated by the City Engineer and Consulting firm representative above. It
would allow construction through Kiwanis Park and provide sewer relief for the
Abbey Lane/Plain View area, both of which are needed now.
It would save the City the substantial expense of putting in the full sewer through to
west of US218. Since there are no plans for developments, it would save the expense
of the City of carrying the cost of a large sewer project which is not needed now.
Although no one can predict whether any developments will be built west of US218,
but it will not be needed at least for the next few years.
tn regards to Mormon Track Village, my opposition to this development is well
known to the Council. The decision has been made by the City Council and I will
abide by this decision. However, the agreement for re-zoning limited development
to 150 units UNTIL the sewer is placed. It did not state when or if the sewer would
be built. The developers agreed to this stipulation.
During deliberations, the City Coundl members stated they approved this
development as a way to provide affordable homes for the people of Iowa City. This
would not include the apartments planned for the southern portion of the
development. Therefore, the developer could construct his 150 units on the north
end of the property leaving the southern portion undeveloped until the sewer is
placed. This would satisfy the Council's main reason for approval of the plan,
affordable homes. The developer indicated during discussions before the City
Council and the Planning and Zoning Commission that the development would
take from eight to ten years to finish; this would dovetail nicely to the approximate
time that the sewer would be need on the west side ot US218. If the developer
wished the sewer at an earlier date, he could pay to have it placed west of the Abbey
Lane/Bury Drive stop. This would save taxpayers a substantial amount of money.
! hope you will consider that the most serviceable location for future maintenance
of the sewer is on the north side of Abbey Lane. The inconvenience for me and
those on my street would be short lived and, in the long run, would benefit the City
as a whole through cost savings for maintenance.
I hope you will give thought to the requirements of this sewer and whether it is
needed beyond the Abbey Lane/Plain View/Kiwanis Park, at this time. I hope you
will give thought to whether taxpayer monies should be used to construct a sewer
out to ~.est of US218 when it is not needed in the foreseeable future.
Thank you for your attention and consideration.
Sincerely,
Todd J. Janus
2302 Abbey Lane
Iowa City, Iowa 52246-4506
Phone: (319) 354-22833
Fax: (319) 353-6808
E-Mail: Todd-Janus@UIOWA.EDU
January 5, 1996
To: Iowa Citv
I want to
attorney,
express my anger concerning a Memo written by the city
Linda Woito, on March 3, 1995. This Memo was written
after a District Court hearing for a temporary injunction against
the City of Iowa City for the condemnation of my home. Judge
Conmey was prepared to issue an injunction against the City of Iowa
City after hearing my side of the case. Everyone agreed that the
city would be allowed to voluntarily halt condemnation as a "face
saving" measure.
My cooperation in allowing the city to walk out of court with an
"agreement" rather than the injunction was written up in Linda
Woito's Memo on March 3, 1995 as a judicial aberration. The Memo
is not true and distorts what actually happened. I have written
Judge Conmey to ask for a clarification.
(The Memo, Judge Conmey's Memorandum, My letter to Judge Conmey are
enclosed - 4 pages)
#2
Mr. Atkins has directed your outside counsel, Dave Brown and John
Hayek, to file sanctions against me for a frivolous lawsuit
concerning protection of the Natural Heritage of the State in
connection with the Water Treatment Project. I doubt Mr. Atkins
provided you with the correspondence from the State Historical
Society of Iowa, December 15, 1995. Natural Heritage of the State
are things like woodlands, wetlands, historic buildings,
archaeological artifacts, or historic sites. All are present in
the 430 acres purchased for the water plant of which 110 acres was
purchased with federal money. I believe if you read the
correspondence from SHPO you will understand there is nothing
frivolous about the Natural Heritage case. In fact the city staff
has not followed the guidelines set forth in Section 106 of the
National Historic Preservation Act. Mr. Atkins is merely trying to
harass me. Money you will spend trying to irritate me would be
better spent on the required environmental studies.
(Letters written to Steve Atkins and other agencies involved in the
water treatment project from Kathy Gourley, State Historic
Preservation Office are enclosed - 8 pages)
Jim
Glasgow
January 4,
1996
Larry J. Conmey
Judge of the Sixth Judicial District of Iowa
Judge Conmey,
This is a request that you clarify what took place in the hearing
of March 2, 1995, James Pc Glasgow vs. City of Iowa City, Iowa
(No. 55895). I had requested a temporary injunction against the
City of Iowa City for condemnation of my home.
Everyone agreed to your ruling that the City would voluntarily stop
the condemnation rather than issuing an injunction, until I could
receive a full hearing in court. I was told by my lawyer, Teresa
Wagner, this would allow the city to "save face", but the effect
was the same as an injunction. I agreed to those terms.
Two weeks ago during discovery for the injunction case I found a
Memo, dated March 3, 1995, from the city attorney, Linda Woito to
the Iowa City Council, city staff and Howard Green Engineering.
This Memo written by Ms. Woito distorts the facts of that case,
depicts my lawyer as slow and inefficient, and portrays the ruling
as a strange "judicial frustration" which lawyers are used to but
we lay people are not.
The Memo of March 3, 1995 by Linda Woito, the City Attorney, is
exemplary of the tactics used by the city staff to prejudice the
City Council through misinformation and distortion. I view the
judicial process as my only protection against this city
administration. There is an arrogance and an "above the law"
attitude which prevails in the upper levels of the Iowa City city
management. I believe the city attorney has deliberately lied in
order to damage my credibility and my ability to receive fair
treatment from the Iowa City Council.
I have enclosed the Memo of March 3, 1995 by the Iowa City City
Attorney Linda Woito. I would appreciate a clarification of what
actually took place at the hearing on March 2, 1995.
Sincerely,
~/Jim Glasgow/
3291 Dubuque St. NE
Iowa City, Iowa 52240
FAX 319-337-3745
C. Jty of iowa City
MEMORANDUM
CONFIDENTIAL
Date: March 3, 1995
To:
From:
Re:
The Honorable Mayor Susan M. Horowitz and Members of the City Council
Linda Newman Woito, City Attorney ~ .~' .
Sarah E. Holecek, Asst. City Attorney~_~_~ '"-'"'~-- --
Temporary Injunction Hearing Held Thursday, March 2, 1995; James Glasgow vs. City of
Iowa City
You may be hearing some "wild rumors" regarding the temporaw injunction hearing which
occurred at the Johnson County Courthouse on Thursday, March 2, 1995, and concerning James
Glasgow's lawsuit against the City, claiming the City does not need his land. This is an attempt
to clarify the legal and factual issues, and to assuage any fears of "panic" that might result.
I have spent the last two days interviewing 13 a~plicants for the fourth attorney position. Just
before noon I was called out of an interview to discuss the matter with Sarah Holecek, who
explained the situation. She said that after James Glasgow presented a full morning's worth of
,,testimony via Jim Glasgow himself and Randy Van Winkle, of Van Winkle-Jacob Engineering,
· Judge Conmey grew very frustrated and restless} The plaintiffs' attorney, Teresa Wagner, was
.very slow and inefficient, and took up an inordinate amount of time. Since Jim Glasgow's portion
of the case was not yet finished and was going to continue into the afternoon, Judge Conmey
said he was ready to enter an injunction against the City without hearing the City's evidence. The
witnesses had been sequestered with Howard R. Green Consultant Ralph Russell, and City
Manager Steve Atkins outside the courtroom. Water Superintendent Ed Moreno was the only
person to hear these events.
After clear instructions from me that we would not agree to a "friendly injunction," Sarah Holecek,
in chambers with Judge Conmey and Teresa Wagner, discussed whether the City could agree
to not proceed with the condemnation appeal on Jim Glasgow's property, (which is not very
active now anyway), and to informally agree to set the permanent injunction matter for trial within
the next eight weeks or so. We have agreed to do so, and will proceed with the trial on the
permanent injunction as soon a the Court Administrator can fit us in -- probably Summer 1995.
There is no very good explanation why Judge Conmey grew frustrated and impatient, but
fortunately we were able to convince him that an injunction, even a temporary injunction, was not
appropriate because no evidence had been presented to support such a ruling; and if we
appealed, he would likely be reversed.
In any event, this is not a setback, as one reporter asked me, but is simply something that
must be done, as part of the "legal dances" concerning large City projects"such as the
Iowa City Water Supply and Treatment Facility project.
In preparation for the trial on the permanent injunction, City Manager Steve Atkins, Public Works
Director Chuck Schmadeke, Ralph Russell, President of Howard R. Green, and Water
Superintendent Ed Moreno will present a very well reasoned basis for the City's decision to
construct the water project at this site.
I just wanted to let you know the strange "judicial frustration" background, whereby a judge was
about to take action completely unsubstantiated by the facts and law. As all attorneys know, this
does indeed occur -- but we law,/ers are more used to such irrationality in the legal 'system than
are our clients, who are lay people. However, this is a reality of life in the "fast lane" of our
American judicial systeml
Attachment
cc: David Brown, Outside Counsel
Steve Atkins, City Manager
Marian Karr, City Clerk
Sarah Holecek, Asst. City Attorney
Ed Moreno, Water Superintendent
Chuck Schmadeke, Public Works Director
Ralph Russell, President, Howard R. Green
Inw~injunct.mmo ~~
IN THE IOWA D!STRICT COURT IN AND FOR JOHNSON COUNTY
JAMES P. GLASGOW. )
) No. 55895
Plaintiff, )
) MEMORANDUM ORDER
VS. )
CITY OF IOWA CITY, IOWA, ) ":;'" ' = = '-"'
Defendant ) ~ .-.i, ?- "' '~ '
On this 2nd day of March, 1995, the foregoing matter was set before {~e'Cottrt.
The Plaintiff appeared by Attorney Teresa Wagner, and the Defendant appeared by
Attorney Sarah Holecek. Heating was commeficed in the matter; however, the heating
did not continue to a conclusion, due to the agreement of the parties that no further
proceedings will be conducted in the condemnation appeal as it affects Mr. Glasgow until
a trial on the merits of the permanent injunction has been held. Trial date will be set
through the Court Administrator's Office through counsel.
DATED: March 2, 1995.
Clerk to notify.
Sta e Historical So of owa
The Historical Division of the Department of Cultural Aftaft_rs
December 15, 1~95
c~
Steve Atidns, City Manager
City of Iowa City
410 East Johnson
Iowa City, Iowa 52240
Dear Mr. Arkins:
Our office has been informed that a project in Iowa City (in parts of several sections in
T. 79 N. and T. 80 N., R. 6 W.) has been initiated, and that the project's effects on historic
propen/es (including both amhaeological and historical resources) has not been assessed. It
appears to us that this project constitutes one or more federal undertakings. and as such,
must comply with Section 106 of the National Historic Preservation Act. Regulations
implementing Section 106 (36 CFR Part 800) set forth procedures for consulting with the
State Historic Preservation Officer and the Advisory Council on Historic Preservation
regarding such undertakings. The City of Iowa City has not notified our office about these
undertakings, yet we understand that earth-moving activities have been initiated.
From the information we have received, it appears that the various undertakings may
encompass about 430 acres in an area which contains several previ(~usly recorded
archaeological sites and at least one standing structure. The area is adjacent [o the Iowa
River and appears to have a high potential to eonta;,n additiem! archaeological ~ites.
It also appears that at least three federal agencies may be involved in aspects of this project,
as follows:
First, we understand that federal Housing and Urban Development (HUD) funds were
used in land acquisition. Land acquisition is considered a federal undertaking. By
statute, HUD has delegated Section 106 compliance responsibility to local
governments as recipients of its grants: therefore, the City of Iowa City serves as the
federal agency for the HUD project. According to a copy of City Council meeting
minutes, this land acquisition was approved in July 1995, yet the City has not
contacted our office about this undertaking.
Second, the City is developing a water treatment facility on land in this area. This
development apparently will require some permits from the Corps of Engineers, again
triggering our office's review pursuant to Section 106. We have notified the Corps
that this area has a high potential for archaeological resources (copy enclosed).
402 Iowa Avenue
Iowa City, Iowa 52240-1806
(319) 335-3916
600 E. Locust
Des Moines, Iowa 50319.0290
(515) 281.6412
Montauk
Box 372
Clermont, Iowa 52135.0372
(319) 423-7173
Mr. Steve Atkin~
December 15, 1995
Page 2
Third, the water treatment'facility presumably must comply with fed~q~ water quality'
standards. The Environmental Protection Agency has delegated the monitoring of
these water quality standards to the state Department of Natural Resources.
Amendments to the National Historic Preservation Act in 1992, stipulate that
undertakings include "those subject to State or local regulation administered pursuant
to a delegation or approval by a Federal agency" [Section 301 (7) (D)]. We have
asked the EPA for information regarding this project's status as an undertaking (copy
enclosed).
Other federal or state agencies may also be involved with work in this area.
we understand that a bike trail is planned (or has been built?.) in this area.
developments may be subject to cultural resource regulations.
For example,
These
There are clearly a .number of federal involvements in ~s project area. In our opinion, the
acquisition and development of this entire tract is potentially subject to the requirements of
Section 106 of the National Historic Preservation Act. We have requested the opinions of
the various federal agencies. Until ~s matter is resolved, we strongly recommend that no
earth-moving, well installation, or any other activity take place in this area.
Yesterday, a representative of Howard R. Green Company contacted o~ office to obtain
in/brmation on how to initiate an archaeological survey for a project in the Iowa City area.
This proposed survey apparently is associated with the water-treatment facility, although we
have had no formal notification about the project frota the City or its consulting engineering
fLml. We were happy to learn that a survey was planned, and have tried to provide
information to Howard R. Green Company regarding survey guidelines.
Any survey that is initiated should encompass the entire area that may be within the "Area of
Potential Effect" as clef'meal in 36 CFR Part 800, and will need to include not only
archaeological resources, but also any standing structures or any other properties that may
fall within the detinition of "historic properties" [36 CFR 800.2(e)].
The City of Iowa City has a reputation for being concerned about its historic properties.
Before proceeding with any more work, we encourage the City to initiate a comprehensive
Mr. Steve Atkin.q
December 15, 1995
Page 3
survey of the cultural resources within this 430-acre tract of land, so that it can adequately
assess the effects of its various projects.
Sincerely,
Kathy Gourley, Archeologist
Community Programs Bureau
Don Klima, Advisory Council on Historic Preservation
Pau-icia Ohlerkmg, Acting State Historic Preservation Officer
James BlanchaL Chief, Regulatory Functions Branch, Rock Island District, Corps of
Engineers
Dudley Hanson, Chief, Operations Branch, Rock Island District, Corps of Engineers
Greg Bevirt, U.S. Department of Housing and Urban Development
Dennis Grams, Regional Director, Region 7, Environmental Protection Agency
Larry Wilson, Iowa Department of Natural Resources
Ralph Russell, Engineer, Howard R. Green Company
Karin Franklin, Planning Director, City of Iowa City
Charles Schadeke, Public Works Director, City of Iowa City
/Douglas Russell, Chairman, Historic Preservation Commission, City of Iowa City
Jim Glasgow, Jim Glasgow Construction, Inc.
State Historical ,Sodcry of
The Historical Division of the Department of Cultural Affairs
Iowa I
December 15, 1995
Dennis Grams, Regional Administrator
Region 7, Environmental Protection Agency
726 Minnesota Avenue'
Kansas City, Kansas 66101
Dear Mr. Grams:
We wish to bring a project to your attention, as we believe this project may constitute an
EPA undertaking, subject to Section 106 of the National Historic Preservation Act.
The City of Iowa City is expanding its municipal water treatment facility, and we assume
that the new facility must comply with EPA's water quality standards. We realize that EPA
has delegamd responsibility for monitoring these water quality standards to the Iowa
Department of Natural Resources. Delegating this responsibility does not absolve EPA from
compliance with the National Historic Preservation Act. Specifically, the definition of
undertaking in Section 301 (7) (D) of the Act includes "those subject to State or local
regulation administered pursuant to a delegation or approval by a Federal agency."
We know that EPA headquarters has issued a policy whereby EPA agrees to comply with
Section 106 on programs which have been delegated to the State, when the SHPO brings
such a project to the attention of the EPA. Please consider this to be a formal request to
consider the Iowa City project as an undertaking.
We have been told that some earthmoving activity is already occurring in the project area,
and that numerous monitoring wells have been installed. We are concerned that properties
that may be eligible for the National Register of Historic Places have been or may be
affected by the project. The assessment of effect needs to be initiated immediately, so that
our office and that of the Advisory Council on Historic Preservation can have an opportunity
to provide meaningful corra~ent. Section 106 requires that historic properties be considered
before an agency approves an undertaking.
[] .102 {own Avenue
Iowa City. Iowa 52240-1806
~319) 335-3910
60'0 E. Locust
Des Moines. Iowa 50319-0290
(515) 281-0412
[] Montauk
Box 372
Clermont, iowa 52135-0372
(319) 423-7173
Mr. Denni.~ Gram.~
December 15, 1995
Page 2
Thank you for your attention to this matter. If you have any questions, pleas~ do not hesitate
to call me at (515) 281-8744.
Sincerely,
Corem, miry Programs Bureau
CO:
Patricia 0hlerking, Acting State Historic Preservation Officer
Steve Atldns, City Manager, Iowa City
Don Klima, Advisory Council on Historic Preservation
Larry Wilson, Director, Iowa Depmanent of Natural Resources
State His,' torical Sodcry of Iowa
The Historical Division of the Department of Cultural Affairs
December 1571995
Mr. James Blancbar, Chief
Operations Division
Rock Island District
Corps of Engineers
Clock Tower Building
P.O. Box 2004
Rock Island, Illinois 61204-2004
Dear Mr. Blancbar:
We have received some preliminary information about a proposed water treatment facility in
the City of Iowa City, Iowa. We understand th.~t a water main associated with this project
was approved in September 1994, under Nationwide Permit//12. (A copy of the Corps'
letter of approval is enclosed).
We assume additional permits from the Corps will be needed as the proposed water treatment
facility is developed.
We are writing to let you know that the general project area (portions of several sections in
T. 79 N. and T. 80 N., R. 6 W.) appears to have a very high potential to contain properties
which may be eligible for the National Register of Historic Places. The review of any
permit application should include a careful consideration of the full "Area of Potential
Effect" of the undertaking.
If you have any questions, please contact me at (515) 281-8744.
Sincerely,
Archeologist
Community Programs Bureau
CC:
Patricia Ohierking, Acting State Historic Preservation Officer
Steve Arkins, City Manager, City of Iowa City
Gene Walsh, Regulatory Functions Branch, Corps of Engineers
Dudley Hanson, Planning Division, Corps of Engineers
[] 402 Iowa Avenue
Iowa City, Iowa 52240-1806
~'319) 335-391 o
600 E. Locust
Des Moines, Iowa 50319-0290
(515) 281-0412
Montauk
Box 372
Clermont. Iowa 52135.0372
(319) 423-7173
Operations Division
September 6, 1994
SUBJECT: -C~NCR-OD-$-2 9 2510
Mr. Ralph J. Russell
Howard. R. Green C~mpany
Post O~fice Box 9009
Cedar Rapids, Iowa 52409-9009 j ~
Dear Mr. Russell: }
Our office reviewed your application dated Al9~st 29,
1994, concerning the proposed construction of a wa=er main
beneach the Iowa River in Section 9, Townshi~ 79 NOrth,
Range 6 West, Johnson Couaty, Iowa.
Your project is covered under Item i2 of the .enclosed
Fact Sheet No. 3(?.A), provided you meet the permit
'condiCions for the na:ionwide permits which are also
included in the Fact $heet. We based this dete~ination on
the information ftTrnis~ed us. The Iowa Depa~tmeHt of
Natural Resources. (IDNR) also issued Section 401 Water
Quality Certification for this nationwide permit.
You are advised that this verification of che nationwide
permit authorization for your project is valid fdr two years
from ~he date of ~his letter. If the project islnot
completed withln this two-year period or your prqject plans
change, you should contact our office for another
determination.
Although an individual Department of the :Arm~ permit and
individual IDNR 401 certification will not b~ required for
the project, this. does not eliminate ~he requirement that
you must still acquire other applicable Federal, letate, and
local per, its. Please con~act the Iowa Department of
Na=ural R~sources in writing or telephone 515/28~-8693 to
determine if any other State permits are require~.
D;-C- l~- 1995 11:55
Should you have any ques=£ons, please contac~ our
Mr. Mike aNyes, 309/794-53~7.
Sincerely,
Enclosu=e.
Copies F~r~ished:
Mr. Jack ~iessen
/.:_ (.,..,,..,,,
./James ~H. '3Lanehat, ~.~.
,,~'~ Chie~ Opera=ion~ Divl
Iowa Departmen= o~ Natural Resources
Flood Plain $ec=ien
~enry A. ~allace Building
900 Zas=-Grand Avenue
Des Moines, Iowa $0319-0~34 {w~o enclosure)
Mr. ~harl~s Schadeke
City of I~va City-
410 East ~ohnson
Iowa Ci=y Iowa 52240
(w/o enclosure)
~ion
P. 16
cultural resources include Chapter 314, which pertains to highway
funding, and Chapter 476, which pertains to public utilities
regulation.
In addition, some local governments have made provisions for
the protection of~historic properties.
When undertaking a project, it is the responsibility of each
agency sponsor, cultural resource manager, and principal
investigator to carefully consider which of these laws and
regulations apply to the specific project.
The Section 106 Process
Under Section 106 of the National Historic Preservation Act,
federal agencies are required to take into account the effect of
their proposed undertakings on properties listed in or eligible
for inclusion in the National Register of Historic Places. The
agencies must allow the Advisory Council on Historic Preservation
a reasonable opportunity to comment before proceeding with the
project. The federal agencies are required to do this work
before the expenditure of federal funds or the issuance of any
licenses or permits.
The Advisory Council on Historic Preservation has
established procedures for compliance with Section 106. These
regulations are known as 36 CFR Part 800. Once a. federal agency
has identified that it has an undertaking, the agency must define
the undertaking's Area of Potential Effect. The Area of
Potential Effect must include areas directly or indirectly
impacted by the action. For example, the Area of Potential
Effect for a natural gas pipeline would include not only the
actual pipeline trench, but also includes the construction right-
of-way, compressor stations, meter stations, staging areas,
storage yards, access roads, and other ancillary facilities.
The agency needs to consider the full range of effects which
might occur. For example, a construction project might cause
vibration impacts to historical archaeological sites which
contain structural remains. Note, too, that the Area of
Potential Effect might be different for above-ground resources
subject to visual or audible effects. For example, Effigy Mounds
National Monument, with its setting high atop the bluffs,
provides a spectacular view into the Mississippi River valley.
Undertakings along the river can impact the view from Effigy
Mounds; thus, agencies planning undertakings in the valley might
need to include this property in the Area of Potential Effect.
The 'Area of Potential Effect is three-dimensional ~d, Bus,
eve roject must include a geomorphological assessmen~ ~ ~
ry p ...... :-- ~ ~rocess require f~d~era~ -~
Regulations governing the ~ecuxun ~uu ~ ~c) ~ ~
December 18, 1995
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - WASTEWATER TREATMENT
PLANT OPERATOR
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of wastewater Treatment Plant Operator.
Steve Ralph
Hired: 12/18/95
IOWA CITY CIVIL S~.RVICE
COM~SSION
~i6~a~l-W. K~edy, Chair
ATTEST:
Mari~n Karl', City Clerk
December 18,
TO:
1995
CITY OF I0 WA CITY
The Honorable Mayor and the City Council
RE:
Civil Service Entrance Examination - Fire Captain
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) in the
order of their standing as eligible for the position of Fire Captain.
Roger Jensen
Larry Kahler
Dan Smith
Tom Lacina
David Barta
Ken Brown
ATTEST:
City Clerk
IOWA CITY CIVIL
SERVICE CO~ISSIO/q
~fi6hael W. Kennedy,
Ly~a Dlck~rson
Susan Dulek
Chair
410 ~AST WASHINGTON STRI~ET · IOWA CITY. IOWA $2240-1826 ~* (319) 3~6-S000 · PAX (319) 3:~6-~1009
December 18,
TO:
RE:
1995
CITY OF I0 WA CITY
The Honorable Mayor and the City Council
Civil Service Entrance Examination - Fire Lieutenant
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) in the
order of their standing as eligible for the position of Fire
Lieutenant.
John Grief
Chris Bok
Steve Stimmel
Brian Platz
John Kelly (tie with Knight)
Roger Knight (tie with Kelly)
Paul Suedkamp
ATTEST:
Mar]fan Karr, City Clerk
IOWA CITY CIVIL
SE/aVXCE ~COMMISSI~N
Ly~a DiCkerson
Susan Dul~k
December 18,
TO:
RE:
1995
CITY OF I0 WA CITY
The Honorable Mayor and the City Council
Civil Service Entrance Examination - Battalion Chief
We, the undersigned members of the Civil Service Co~mission of Iowa
City, Iowa, do hereby certify the following named person(s) in the
order of their standing as eligible for the position of Battalion
Chief. '
Roger Jensen
Elmer Brenneman
Larry Kahler
Jim Humston
Dan Smith
Ken Brown
Jerry Blank
ATTEST:
Marian Karr, City Clerk
IOWA CITY CIVIL
SE~'~OE
~lchael W. Ken~y,
Chair
,110 EAST WASHINGTON STREETo IOWA CITY. IOWA 52240-lS26o (3191 3S6.5000. FAN (319} 2~6-5009
December 6, 1995
I
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - CUSTODIAN
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Custodian.
Duane Chance
Hired: 12/4/95
IOWA CITY CIVIL BERVICE
~i'chael W./enneay, Chair
ATTEST:
Maf~ian Karr, City Clerk
City of Iowa City
MEMORANDUM
Date: January 8, 1996
To: The Honorable Mayor, City Council and City Clerk
From: James Brachtel, Traffic Engineer
Re: Parking Prohibition on Hickory Court at its Intersection with Sandusky Drive
As directed by Title 9, Chapter 1, Section 3 of the City Code, this is to advise you of the following
action:
ACTION:
Pursuant to Section 9-1-3A-10 of the City Code, the City Traffic Engineer will direct the installation
of NO PARKING HERE TO CORNER SIGNS ON BOTH THE EAST AND WEST SIDES OF
HICKORY COURT from a point 150 feet south of the intersection with Sandusky north to the
intersection of Sandusky creating a NO PARKING ANY TIME zone on both sides of the street
adjacent to the intersection. This action will take place on or shortly after January 22, 1996.
COMMENT:
This action is being taken upon input received by the Neighborhood Services Coordinator at
meetings with the Pepperwood Neighborhood Association. The actions in general reflect the
concerns of the residents of Hickory Court gathered during the completion of a mailout
questionnaire distributed by the Traffic Engineering Division.
¥MOI 'A.I.!9 ¥MOI
· p.. T]'~ ~ '
Dee Norton
920 Ginter Ave.
Iowa City, Iowa 52240
January 10, 1996
Dear Dee,
I told you that we were drumming up business for the council over here on
Plaen View...
I am writing to you re: the Abbey Lane Trunk Sanitary Sewer Project. My
information about this project comes from a report written by Ed Brinton
(MMS Consultants), dated November 3, 1995. My understanding of this
report is that there are three possible routes for the placement of a new
sewer. Two of these routes would involve the Abbey Lane Street area; the
third route would involve the backyards of approximately 28 homeowners
on Plaen View Drive.
Although the report indicates that the creek mute would be less expensive
than the other two mutes, I feel that finances are not the only issue at stake.
If the creek route is chosen, the backyards of approximately 28
homeowners will be destroyed. There will be a significant loss of trees and
landscaping. The permanent easement, which will encompass a large part
of some yards, may not allow any trees or shrubs to be replanted. This is
an area which experiences significant flooding each year during spring,
summer and fall. Removal of trees, shrubs and other vegetahon is likely to
cause serious problems with soil erosion. Over the years, many of us have
seen ore' backyards ruined from water damage caused by flooding. New
shrubs and trees were washed away or died because there was not enough
drainage. In short, it was no small feat to create attractive backyards. It
took years of planting and replanhng to compensate for things lost to the
flooding. It makes me heartsick to think about the destruction of wildlife
and vegetation, especially when the city has other choices which will not
permanently affect the properly of homeowners.
On page 2 of the report, Dave Elias voices concern about choosing the
creek route because access for maintenance may be difficult/impossible if
the area is flooded. Ed Brinton also indicates flooding is a significant
concern during the construction period. He states that "Equipment,
stockpiled soil and construction materials could be inundated and significant
delays and damage would result." Although the city estimates that this route
will be less expensive, I wonder if this is true, given the potential problems
with flooding.
Many of us are concerned about the permanent changes and damage that
will occur to the environment and to our property, should the creek route be
chosen. We hope that you will share our concerns with the council when
this issue is discussed.
Sincerely,
Sue Pearson
To the Iowa City Counci~ Mayor Naomi Novlck and Councilors Larry Baker, Karen
Kubby, Ernest Lehman, Dee Norton, Dean Thomberry, and Dee
Vanderhoef
To the Iowa City Staff: Steve Arkins, City Manager,
Karin Franklin~ Planning & Community Development
From the CenterSpace Steering Committee, A Task Force
of the Arts/Business Partnership Committee of the
Chamber of Commerce:
Karen Chappell, Joyce Summerwill, and Shirley Wyrick, Co-Chairs
In response to you~ request for an update of the CenterSpace project and a recommendation on the
last piece of urban renewal land (Parcel # 64-1a), the Steering Committee met on January 3,1996
to review ils recommendations to establish a multi-use conference and cultural facility in
downtown Iowa City.
As you know, the citizens forming the CanterSpace Steering Committee have worked together
for over five years to gather data, obtain public input, and work with the firm of Camiros, Ltd
in conducting a feasibility study for the city of Iowa City. The final result has been a proposal
that each of us feels Is in the best interest of Iowa City as it continues to develop ils downtown,
capitalize on ils strengths, and create an identity that will carry it forward competitively into
the next century.
Now, more than ever, the concept of a Conference and Cultural Center existing adjacent to the
public library Is important to Iowa City. The city needs to respond to what is, end will be,
happening in adjacent communities with something of its own that further emphasizes Iowa
Ctty's unique quality as a culturally rich, interesting dty to live in and to visit. The
CenterSpace concept, which emphasizes building a multi-use facility to serve tourism,
commerce, and the needs of the area's aris and cultural community would distinguish Iowa City
from other areas. There is no doubt in our minds that this dty needs a Conference and Cultural
Center.
In January 1993, the City Coundl voted to put aside Parcel #64-1a for a period of two years to
allow the Steering Committee to continue work on the CenterSpace concept. In the face of the
realities of the city during this period (school system, public library and water and sewer
issues), the committee did not feel it could move forward with a bond issue or any kind of fund
raising oampaign. Instead, it has concentrated on building networlcs and supporting the
development of strong programming that would enhance the community and point to the future
need for a "CenterSpace." During this time several groups within the community, such as
Riverside Theatre, Arts Iowa City, the Iowa Arts Festival, the Jazz Festival, and the Science
Center have stepped up their programming and have added a rich, positive dimension to the
city. The need for a "CenterSpace" is there and groups such as ARTS IOWA CITY (formerly
the Iowa City/Johnson County Arts Council), even in very limited space, demonstrate the
multidisciplinary approach which is such a vital element in the CenterSpace concept.
In light of the fact that the two year '~cesarve" on Parcel t~64-1a has expired and the City has
asked for the recommendations of the CentarSpace Steerlnl~ Committee, the committee has
unanhnonsly voted to advise the Iowa City Cotuacil of the following:
· The CenterSpace Steering Committee continues its strong commitment to the concept of
a Conference and Cultural Center, destinned as a multi-use building, on the last urban
renewal parcel. The committee feels it has created a good concept for Iowa City.
· If the parcel of land is to be marketed by the Council, the CenterSpace Steering
Committees preference is to have that parcel used for the purposes stated in the Conference
and Cultural Center feasibility study. This committee, composed of a divarse {~mup of
concerned citizens, does not want the City to market this parcel for any other purpose.
*If the City chooses to market the parcel, the CenterSpace Steering Committee asks that
the committee be consulted as the R.FP is developed to insure that the §oels of CenterSpace
are incorporated into the RFP, and that the committee be consulted when the selected
developer plans the building. It is very possible that such a building may need to be
planned in phases. Therefore, the b~lldin8's structural tinderphnmhm§s must be in place for
those phases to be realized as time goes on.
· The CentarSpace Steering Committee endorses a flexible, phased approach, if necessary,
and would work collaboratively with the many different interests within Iowa City - the
libr. uy, the senior center, the science center, the business community including the
downtown association and the chamber of commerce, the arts community, the parks and
recreation commission, the tourism industry, and the university.
*The Cente~Space Steering Committee is ready to address the Council when requested,
and will work to strengthen coalitions among the many interests concerned to obtain the best
possible downtown development. In the view of the Committee, a Conference and Cultural
Center would be a superb addition to the long-term vitality of Iowa Clty.
Members of the CanterSpace Steerin§ Committee:
Richard Blazek -Patt Cain - Karen Chappell - Wallace Chappell - Judith Dows - Wendy
Ford * Patrick Grady - John Hess - Donald Macfarlane - Kevin O'Brien - Ren~ Paine -
Laurie Robinson - Robert Sierk - W. Richard Summerwill - Joyce Summerwill - Alan
Swanson - Wallace Tomasini - Dickte Van Meter - Craig Willis - Shirley Wyrick
/"
January 16, 1996
CITY OF I0 WA CITY
Don Sehr, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, IA 52240
Dear Don and Members of the Board:
An application has been submitted to Johnson County by Jim Anderson to rezone 38.22 acres
from A1, Rural, to RS, Suburban Residential. The property is located in Fringe Area 4 on the
west side of Prairie Du Chien Road, approximately I~-mile north of its intersection with
Newport Road.
At its January 4, 1996, meeting, the Planning and Zoning Conunission reconunended, by a vote
of 6-0, that the City Council forward a comment to the County Board of Supervisors
recommending that the request to rezone 38.22 acres from A1 to RS be denied because A) it is
in an area with topographic and environmental constraints, B) Johnson County does not
recognize nor utilize conditional rezonings, consequently, the concept plan submitted cannot be
made binding upon the applicant and C) is inconsistent with the present, mutually agreed upon
fringe area policy for Area 4.
Council agrees with the recommendation of the Planning and Zoning Commission, and therefore
respectfully forwards a comment to the Board recommending that the request to rezone 38.22
acres from A1 to RS be denied because A) it is in an area with topographic and environmental
constraints, B) Johnson County does not recognize nor utilize conditional rezonings,
consequently, the concept plan submitted cannot be made binding upon the applicant and C) is
inconsistent with the present, mutually agreed upon fringe area policy for Area 4.
Sincerely,
Naomi J. Novick
Mayor
410 EAST WASHINOTON STREET · IOWA CITY. IOWA $2240.1826 · (119) 356-$000 · FAX (319) 3~6-S009
City of Iowa City
MEMORANDUM
Date: January 4, 1996
To:
Planning and Zoning Commission
From:
Charles Denhey, Associate Planner
Re:
CZ-9445; County Rezoning on Prairie Du Chien Road
The subject rezoning was originally reviewed by the Planning and Zoning Commission in the fail of
1994. The applicants Albert and Shirley Westcott requested a rezoning from A1, Rural to RS,
Suburban Residential, for a 38.22 acre property located in Fringe Area 4, west of Prairie du Chien
Road approximately ~,~ mile north of its intemection with Newport Road. Two previous memos
describing staff concerns with the application are attached. The applicants requested deferral of the
rezoning to allow for completion of revisions to the Fringe Area Agreement that were being considered
at that time. Revisions to the Agreement are still under discussion between the City Council and the
Board of Supervisors.
The property is in the process of being sold, and the contract purchaser, Jim Anderson, has requested
that the Planning and Zoning Commission consider the application. A new concept plan has been
prepared and is attached. The plan shows fewer lots than either of the two previous plans, but the
plan contains large lots and no designated open space. The plan is only a concept plan and is not
binding, as the County does not approve conditional rezonings.
The proposed rezoning is inconsistent with the existing Fringe Area Agreement for Area 4, and is
inconsistent with the recommendations for this area contained in the revised Fringe Area Agreement,
recommended for approval by both the Iowa City Planning and Zoning Commission and the Johnson
County Zoning Commission. The revised agreement calls for residential development in this area at
County RS-3 density, which is one unit per three acres. Additionally, clustered subdivisions are
recommended with lots ranging in size from 1.0 to 1.25 acres. The proposed concept plan is in
conformance with the density recommendations, but not the cluster provisions.
STAFF RECOMMENDATION
Unless the Fringe Area Agreement between Johnson County and Iowa City is amended, the proposed
rezoning remains inconsistent with the mutually agreed upon policy for this area, therefore staff
recommends that the City Council forward a commcnt to the County Board of Supervisors finding that
the request to razone 38.22 acres of this 85 acre tract from A1 to RS is in an area with topographic
and environmental constraints and that the proposed rezoning is inconsistent with the mutually agreed
upon fringe area policy for Area 4 and should be denied.
ATTACHMENT~
2.
3.
4.
Location Map
Concept Plan
September 9, 1994 memo
October 28, 1994 memo
Approved by:
Robert Miklo, Senior Planner
Department of Planning &
Community Development
CZ~SZ~5
o 27
~4
City of Iowa City
MEMORANDUM
Date: January 4, 1996
To'
Planning and Zoning Commission
From:
Charles Denney, Associate Planner
Re:
CZ-9445; County Rezoning on Prairie Du Chien
The subject rezoning wa[s originally reviewed by the Planning
of 1994. The and Shirley Westcott
Suburban Residential, 38.22 area property located in I
Road approximately ~A north of its intersection with
describing staff Illcation are
the rezoning to allow for com of revisions to t
considered at that time.
Commission in the fall
~g from A1, Rural to RS,
e Area 4, west of Prairie du Chien
)ort Road. Two previous memos
The applicants requested deferral of
greement that were being
The property is in the process of3g sold,
requested that the Planning
plan has been prepared and is
previous plans, but the plan contains
a concept plan and is not binding, as th
the contract purchaser, Jim Anderson, has
consider the application. A new concept
plan shows fewer lots than either of the two
and no designated open space. The plan is only
does not approve conditional rezonings.
The proposed rezoning is
is inconsistent with the
Agreement, recommended for
and the Johnson County Zoni~
development in
clustered subdivisions are
proposed concept plan is in
provisions.
for
by both
Commission.
RS-3 density,
lots
Fringe Area Agreement for Area 4, and
area contained in the revised Fringe Area
Iowa City Planning and Zoning Commission
revised agreement calls for residential
is one unit per three acres. Additionally,
ging in size from 1.0 to 1,25 acres. The
' recommendations, but not the cluster
Staff continues to have
topography of the site
are located. Also,
especially roads, is a
garding develol
careful attention must be
of residential development
'owing concern for the City.
3is properly for residential uses. The
where roads and septic systems
County on City infrastructure,
The staff position this application has not changed, an~ff continues to support its
recommendation made in my September 9, 1994 memo.
ATTACHMENTS
2.
3.
4.
Location Map
Concept Plan
September 9, 1994 memo
October 28, 1994 memo
/ /
/
I
/
City of Iowa City'
MEMORANDUM
Date:
September 9, 1994
To:
Planning and Zoning Commission
From:
Charles Denney, Associate Planner
Be:
0Z-9445; County Rezoning on Praide Du Chien Road
Albert and Shirley Westcott have filed an application with Johnson Courtly to rezone 38.22 acres of
an 85 acre tract from A1, Rural, to RS, Suburban Residential. The property is located in Fringe Area
4 on the west side of Prairie Du Chien Road, approximately one quarter mile north of its intersection
with Newport Road. The Fdnge Area Policy Agreement states that for Area 4 residential development
in this area should be discouraged, and encouraged to take place in Area 3 and other parts of the
County zoned for residential development. The requested rezoning is inconsistent with the Fringe
Area Agreement for Area 4.
Additionally, the property has characteristics which may make it unsuitable for residential development
at the density proposed by the applicant (the applicant submitted the attached concept plan which
illustrates the potential design of a subdivision on this property). Because of the rugged terrain, the
proposed streets within the subdivision will be quite steep. Slopes of greater than 10-12% can be
difficult to maintain and may be impassable in inclement weather. Also, there may not be adequate
sight distance at the proposed southern access road. Due to the rugged terrain some of the lots may
not be viable building lots without extensive grading. Additionally, the Johnson County Health
Department has indicated that this terrain may prove to be problematic for the installation of septic
systems.
Given the topography, street design difficulties, potential septic system problems and environmental
concerns, this property does not appear well suited for residential development, especially at the
density proposed by the applicant. For these reasons, staff recommends that the proposed zoning
be denied. If development is to occur on this property, it should be of a density that recognizes the
environmental conditions of the property. It should also be clustered to minimize the degree to which
the environment is disturbed to accommodate residential infrastructure.
STAFF RECOMMENDATION
Staff recommends that the City Council fo[ward a comment to the County Board of Supen/isors finding
that the request to rezone 38.22 acres of this 85'acre tract from A1 to RS is in an area with
topographic and environmental constraints and the proposed rezoning is inconsistent with the mutually
agreed upon Fringe Area Policy for Area 4 and should be denied. The comment should also indicate
that if the rezoning is approved that the City has concerns regarding development of the site and that
any subdivision plats proposed for the site will be closely reviewed by the City.
ATTACHMENTS
1. Location Map
2. Concept Plan
bm~445
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
8
of Iowa Cit F,..
MEMORANDUM
Date:
October 28, 1994
To:
Planning and Zoning Commission
From:
Charles Denney; Associate Planner
Re:
CZ-9445; County Rezoning on Prairie Du Chien Road
This item was deferred at your September 15, 1994, meeting, at the request of the applicant.
In my Memorandum dated September 9, 1994, I indicated that the proposed rezoning is
inconsistent with the Fringe Area Agreement for Area 4. I also raised concerns staff had with
development of the site as indicated on the concept plan submitted by the applicant. These
concerns indicated that this area may not be appropnate for development at the density
proposed by the applicant's concept plan.
The applicant has submitted a revised concept plan that attempts to address issues raised by
staff. The plan is an improvement over the original. The northern mad, which had a severe
slope, has been removed. The streets within the proposed subdivision have been relocated
to generally run along the top~ of ridges. The individual lots are smaller with open space being
provided within major drainageways. This has resulted in better clustering of the lots.
The southem access point has been reviewed by the County Engineer, who found that
adequate site distance exists for vehicles travelling the posted speed limit. Lots 4-7, 10 and
12 are in areas of steep slopes where septic systems may not function properly. If the rezoning
is approved, a subdivision, including these lots, should not be approved unless it can be shown
that septic systems will function on these lots.
Although the concept plan has been improved, the requested rezoning continues to be
inconsistent with the Fringe Area Agreement for Area 4. Larger issues, such as the eventual
impact that extensive non-urban developments will have on the community's infrastructure,
including city streets, such as Praide du Chien Road and Dodge Street, and inefficiency in
terms of the provision of public services such as fire protection and transportation to schools,
have not been resolved. Therefore the staff recommendation regarding this application is
unchanged.
ATTACHMENTS
Revised Concept Plan
September 9, 1994 Memorandum
tp3-1
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,,, ,:).c) ~.c:r'es Col'r~on, Ol:~n
25
29
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