HomeMy WebLinkAbout1996-11-04 CorrespondenceBARKER, CRUISE, KENNEDY, HOUGHTON & ANDERSON, L.L.P.
LAWYERS
9ao S OueuOuE STREET - P 0 I~OX 2000
IOWA CITY, IOWA
October 30, 1996
City of Iowa City
410 E. Washington
Iowa City, IA 52240
City Council
City of Iowa City
410 E. Washington
Iowa City, IA 52240
Johnson County Supervisors
913 S. Dubuque
Iowa City, IA 52240
President's Office
University of Iowa
Iowa City, IA 52242
Gentlepersons:
Please allow me this opportunity to introduce myself. Jim
Houghton and I represent the estate of Eric Shaw. I am contact-
ing you at the request of Jay and Blossom Shaw, the administra-
tors of Eric Shaw's estate and his parents.
Over the last several weeks, Jay and Blossom Shaw have been
contacted by many individuals and groups in the community, ex-
pressing their condolences and offering assistance where possi-
ble. Many of these individuals and groups have suggested that
some type of memorial to Eric would be appropriate. ~Fnile the
Shaw family deeply appreciates the heartfelt sentiments of many
of the individuals who have contacted them, they feel very
strongly that the decision of how best to memorialize their son
is one that they need to make. The Shaw family also feels that
they are not ready to make such a decision at this time. There-
fore, on behalf of the entire Shaw family, I would like to re-
spectfully request that Eric Shaw's name or likeness not be used
without the express written permission of the Shaw family.
If you have any questions or concerns regarding this re-
quest, please do not hesitate to contact me. Once again, the
Page -2-
October 30, 1996
Shaw family deeply appreciates the intentions behind the sugges-
tions but sincerely feels ill-prepared and unready to address
this issue at this time.
Very truly yours,
<~Kirsten H.~
KHF/dc
cc: Jay and Blossom Shaw
Q:\kf\kf4\L2~b5868
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 31, 1996
City Council
City Manager
Douglas S. Russell, Chair, Historic Preservation Commission
Preservation Plan Implementation, FY97/98
Attached please find a copy of the Historic Preservation Commission's Preservation Plan
Implementation report for FY97/98. Since the adoption of the Historic Preservation Plan in
1992, the Commission has held a planning session each Fail to discuss its work plan for
the upcoming year, which in itself is a recommendation contained in the Plan. This year's
planning session was on September 7. The attached report summarizes the decisions
made at the planning session regarding the Commission's priorities for the upcoming year.
IOWA CITY HISTORIC PRESERVATION COMMISSION
Preservation Plan Implementation (FY97-98}
The Iowa City Historic Preservation Commission held its annual planning session on Saturday,
September 7, 1996, at 12:00 Noon in th9 Civic Center Lobby Conference Room, at which
time it discussed and prioritized its activities and projects for FY97-98. Each year the
Commission holds a planning session to review its progress in implementing the goals and
objectives of the Historic Preservation Plan, and to set objectives for the upcoming year. This
session, in addition to prioritizing specific projects and issues to be dealt with in FY97-98, the
Commission discussed reorganizing how the responsibility for projects and issues is to be
distributed among Commission members. As a result, Commission members have organized
themselves into a number of task groups to deal with categories of issues, which will be
discussed in more detail below.
The following includes a list and brief discussion of the Commission's priority items for FY97-
98 and issues to be dealt with in future years, and is followed by a discussion of the task
group organization that was discussed at the planning session.
PRIORITY ISSUES FOR FY97-98:
College Green and East College Street Historic Districts: The Commission has initiated the
process to nominate these two districts as local historic districts. Neighborhood block
meetings are being scheduled for this fall, and the Commission expects to nominate the
districts by the end of the calendar year.
Survey and Evaluation of Original Town Plat, Phases I, II & II1: A grant has been obtained to
complete Phase I of this three phase survey, roughly between Linn and Governor Streets,
north of Davenport Street and south of the Brown Street Historic District. Phases II and III
will extend this survey area south to Jefferson Street and to the east to eventually include all
of the Northside and Goosetown Neighborhoods.
Survey and Evaluation of Longfellow Neighborhood, including National Register Nomination
of Proposed Longfellow Historic District: The first phase of the Longfellow neighborhood
survey identified a potential historic district, but concluded that additional survey work along
Rundell Street, Dearborn Street, and the west side of Seventh Avenue must be completed to
determine the eastern boundary of the district. A grant has been applied for to complete this
survey and nominate the proposed district to the National Register of Historic Places.
Historic Properties Tax Exemption and Financial Incentives: The Commission is working with
the Johnson County Historic Preservation Commission to draft a resolution to adopt a historic
properties tax exemption program provided for by State law, and to lobby the Board of
Supervisors for its passage. If passed, this program would be a good incentive for historic
preservation projects in Iowa City and Johnson County. In addition, the Commission will be
investigating the possibility of a revolving loan fund to assist in funding historic preservation
projects in Iowa City.
Ordinance and Code Amendments: The Historic Preservation Plan recommends that the
Commission consider amending the historic preservation regulations to close existing
loopholes, to add provisions to cover such items as economic hardship and special merit
exceptions, and to increase penalties for violations or demolition by neglect. In addition, the
Commission hopes to identify provisions in the zoning and building codes that may be relaxed
for designated historic properties in order to encourage the adaptive reuse and rehabilitation
of historic structures.
Iowa City Airport Master Plan: The Commission noted that the Airport Master Plan includes
recommendations for demolition of the historic United hangar, as well as alterations to the
terminal, also potentially eligible for the National Register. The Commission intends to discuss
these items with the Airport Commission.
Historic Landmark Plaques and Certificates: The first series of Historic Landmarks has been
designated by the City Council. Friends of Historic Preservation has agreed to donate funds
to assist the Commission with the purchase of plaques to be displayed on the properties. In
addition, the Commission intends to provide each property owner with a certificate indicating
the historic landmark status of their property. These items should be addressed this fall.
Historic Preservation Awards Program: The Commission discussed possible changes to the
awards program rules and procedures, as well as the possibility of finding an alternative site
for the awards program. These issues will be resolved prior to the awards program in May.
OTHER ISSUES FOR FUTURE CONSIDERATION BEYOND FY97-98'
Designation of Proposed Conservation Districts: Conservation districts have been proposed
by consultants in the Longfellow Neighborhood and in the Dubuque/Clinton Street area. The
Commission determined that it will not pursue these designations in FY97-98, but will
consider the possibility of nominating them in the future.
Nomination of Second Series of Historic Landmarks: The Commission indicated that the
second series of historic landmarks will not be pursued in FY97-98, but that it would consider
individual properties for historic landmark status if nominated by a property owner. Additional
historic landmark nominations will be considered in the future.
Additional Survey and Evaluation Work: Additional survey areas for the Commission to
consider in future years includes Kirkwood Avenue, Iowa Avenue, Downtown, and Manville
Heights, as well as a survey and possible nomination of fraternities and sororities associated
with the University of Iowa.
Montgomery-Butler House: The Commission intends to be involved in the decision making
process regarding the future of the Montgomery-Butler House, a City-owned historic structure
located on the new water treatment facility site.
Increase Staff Time: The Commission hopes to have the City consider increasing its staff for
historic preservation from % time to ¥2 time in future years.
OTHER ITEMS:
· Develop scrapbook of past projects.
®Continue welcome/notification letters to new residents of historic districts.
®Continue annual reminder letter to historic district residents.
ePreservation Week activities.
eContinue to work with other Iowa City and Johnson County preservation organizations.
COMMISSION TASK GROUPS/SUBCOMMITTEES:
Certificate of Appropriateness Task Group: This group is responsible for reviewing
applications for Certificates of Appropriateness on-site prior to the regular monthly
Commission meetings. The group is to discuss the proposed projects with property owners
and/or contractors, identify issues or problems that may exist, and attempt to resolve them
prior to the project coming before the Commission for review. It is anticipated that this will
significantly decrease the amount of time the reviews take at the regular Commission
meetings, and will allow better interaction and discussion of issues with the property owners
and/or contractors. (6 month trial basis beginning immediately)
Sue Licht, John Shaw, Doris Malkmus, and the representative of the district within
which the property is located.
Historic Properties Tax Exemption/Financial Incentives Task Group: This group will work with
the Johnson County Historic Preservation Commission to assist in the development of a tax
exemption program provided for by State law, and lobby for its passage by the Board of
Supervisors.
Doug Russell, Mike Pugh
College Green/East College Street Historic District Task Group: This group will organize
neighborhood meetings to discuss the proposed designations with neighborhood property
owners and residents, and oversee the nomination and designation process.
Doug Russell, Ruedi Kuenzli
Code and Ordinance Amendment Task Group: Investigate possible code and ordinance
amendments as outlined in the Historic Preservation Plan, including the possible adoption of
the UBC for Historic Properties.
Mike Pugh, Sue Licht, John Shaw
Historic Preservation Awards Program Task Group: Plan and organize the awards program to
be held in May.
Betty Kelly,
Montgomery-Butler House Task Group: Appointed to City committee which will be discussing
potential future uses for the Montgomery-Butler House.
Betty Kelly, Ginalia $waim, Mike Pugh
~hpcirnpl Approved: October, 1996
-3-
/
/
City of Iowa City
MEMORANDUM
Date: November 1, 1996
To: City Council
From: Ron Boose, Senior Building Inspector
Re: Letter from William Moeller
The Building Inspection Division has been involved with Mr. Moeller on two different issues over
the course of the past year. Numerous staff hours have been invested with Mr. Moeller, his
contractor, his engineer, and his attorney in an effort to explain and gain compliance with various
City ordinances. This case is almost one year old and incorporates several notices, meetings,
and telephone conversations involving several individuals. I will attempt to provide a brief
description of the pertinent facts of the situation in this memo, however, I invite any of you to
contact me for more detailed information.
Our initial contact with Mr. Moeller was in response to a neighboring property owner's complaint
of large amounts of dirt being deposited in a steep pile very near the property line. Upon
investigation we found grading taking place in the flood plain in violation of the grading ordinance.
A stop-work order was issued. Mr. Moeller then hired Landmark Engineering to prepare a grading
plan and secure a grading permit. A plan was submitted, reviewed by Denny Gannon, Assistant
City Engineer, approved and a grading permit issued.
Mr. Moeller and his contractor then proceeded to grade the area surrounding the sand pit in a
manner in which no way resembled the approved plan. This fact was brought to our attention by
a different neighboring property owner who visited our office to view the approved grading plan.
Attempts by myself and Denny Gannon to explain the situation to Mr. Moeller have been futile.
Mr. Moeller's own engineer admits that the existing grading is not in compliance with the ap-
proved plan and that an amended plan reflecting the existing grades could not be approved under
our ordinance unless the slopes were certified as stable by a qualified engineer. Mr. Moeller's
engineer has furlher stated that he will not certify the existing slopes as being stable and doubts
that any qualified engineer will.
As of November 1, Mr. Moeller's properly is in clear violation of the grading ordinance. A
neighboring property owner has contacted me several times, patiently inquiring what will be done
to rectify the matter. A citation for a municipal infraction is being served on Mr. Moeller today,
November 1.
ImVI) 1031 .wp5
3 Oak Park Court
Iowa City, IA 52246
October 23, 1996
Hon. Mayor Naomi Novick
City Council Members
Iowa City Civic Center
Iowa City, IA 52246
Ms. Lisa Goodman c
Iowa City Animal Shelter -- -
Kirkwood and Clinton r-o ' !_.~
Iowa City, IA 52246
Re: Proposed pet ordinance
Dear Ms. Goodman, Mayor Novick, and Council Members:
Because we were seriously concerned about certain provisions of the proposed Iowa City pet
ordinance, several weeks ago we attended a public meeting at the Coralville City Hall which
addressed this issue. We volunteered to assist in the process of revising the ordinance. Since the
date of this meeting, we have not been contacted and are therefore are again volunteering to
participate in the revision process. We also wish to restate our concerns with the ordinance,
which may be summarized as follows:
1. The ordinance tries to do too maay things. The ordinance should focus on what
animals are inherently unsuitable for being kept in an urban area and should prohibit the
same. Certain animals, such as nondomesticated cats, bears, certain snakes, etc. should
be prohibited. However, we do not believe that many of the animals which would be
subject to the proposed ordinance, such as hedgehogs, ferrets, and many snakes should be
regulated by the city. Additionally, regulating pet ownership based upon number of pets
is not prudent. Simply because a person has six cats or five dogs does not make that
person unqualified to care for his or her pets or create a dangerous or cruel situation
for the animals. We advocate strongly enforcing anti-cruelty statutes which are in
existence, and do not feel that the city should be in the business of approving or
disapproving of a person's pet ownership choices or of pre-judging the qualifications of
the owner. Animals should be the primary focus of the staff, not the creation and
implementation of an elaborate and excessive permit system.
2. The proposed ordinance is poorly written. For example, "circus" is defined
as being a "performmice where trained...animals are made to perform under
the...command of a... trainer...as a performance for public entertainment."
A person would be in violation of this ordinance when he or she invites the
children next door to watch the family dog roll over and play dead. Secondly, the
proposed ordinance states that no person shall "keep or maintain" a "prohibited
animal" and that wild animals native to Iowa are a type of"prohibited
animal". Under this definition, any person who feeds wild birds in their
backyard apparently commits the criminal act of maintaining a prohibited
animal. These may be extreme examples, but they are illustrative of the
difficulties of drafting an ordinance in this area. At the meeting we attended,
we were told that these exmnples will never be a problem because the intent
is clear that activities such as these will not be regulated. This response is
not acceptable, as the ordinance must be carefully drafted to precisely
address only the situations to be regulated.
3. The ordinance gives the city too much authorily in areas which it should not
~ For example, a person could not be an animal breeder under the
proposed ordinance without obtaining a permit, maintaining records, etc.
The definition of breeder includes any person who wants to give away
puppies "free to a good home". The city should not be regulating non-commercial
pet breeding activities. Again, we strongly believe that the public and animals would be
better served if existing anti-cruelty laws were enforced instead of passing additional
surplus legislation.
4. The ordinance needlessly attempts to make a social statement. There is no reason
why circuses and rodeos should be prohibited other than to appease certain people
who feel for moral reasons that such activities are wrong. Ira circus or a rodeo
would come to town, it should be free to provide animal performances if these
performances are not cruel to the animals involved. There are existing statutes
and ordinances which prohibit this cruelty.
5, The city should not take sides in any existing disputes. The city should not
take sides in the existing pigeon loft dispute. If it does wish to resolve
this dispute by ordinance, the city should have the courage to do so by an ordinance
which addresses that particular issue rather than by an ordinance which resolves this
private dispute by the fine print buried in an animal control ordinance. Quite
frankly, however, the city should not be in a position where it regulates
isolated disputes between neighbors which appear unlikely to effect the
community as a whole. We also believe that private property, particularly
a person's residence, should not be affected by retroactive ordinances. Therefore,
if pigeon lofts are regulated, existing lofts should not be restricted.
Please consider the above as you continue to revise this ordinance. We remain willing to
serve on any citizen's group which is working on this matter. Our home phone is 354-2375,
and Gregg's day phone is 341-3304. Thank you for yoar attention, and please feel free to contact
US.
S~g~GGeIy'
erdes
October 11, 1996
To Whom It May Concern:
My husband and I have been following the discussion between Johnson County
Supervisors, Iowa City, and Coralville City' Councils concerning the future location of
the 965 extension west of Iowa City. We attended the first joint meeting held, I believe,
in July at the Coralville City Hall. At that meeting nothing concrete developed;
however, Coralville still seemed to favor the western route and Iowa City preferred the
eastern route according to articles published in the Iowa City Press Citizen. At the end
of the meeting, we talked to several Supervisors expressing our desire for more
consideration toward the eastern route for a variety of reasons.
Throughout the summer discussion appeared to focus on a compromise situation
between the two routes resulting in a third alternative. Many people saw benefits to
this proposal. We were informed by mail about the date and agenda of the August
meeting, and we planned to attend, but my husband's mother was diagnosed with a
brain tumor and slated for surgery during that time period. Therefore, we were unable
to do so; we were not greatly concerned because our mailed notice indicated that it
was only a discussion betwoen governmental parties, and we were invited to listen but
not offer comment. In reality, according to the Iowa City Press Citizen coverage, this
was not enforced, as several opponents to the eastern route were quoted on opinions
presented at said meeting. The outcome was not one we favored, agreement to agree
on the western route between the three governmental bodies. We felt the comments
made by members of the alleged invited audience must have been influential in
altering the most desirable route. Unfortunately, we could not be present to voice our
discontent with this opinion.
I'll elaborate on this. Though no one has ever contacted us personally, or been on our
property to our knowledge to view and/or survey, the published maps and diagrams
appearing in the local papers lead us to speculate that the road will cross our property
quite close to our newly constructed home. We waited many years to build, as we
were not able to find a suitable location with respect to our desire to be close to both
our workplaces, have a great view of Iowa countryside, and space to enjoy
constructing a pond, gardening, etc. When 70 acres on Highway 1 came up for sale
we jumped at the opportunity. We applied for rezoning and a building permit, and at
that time, no one informed us of any future road construction that could possibly
involve the property. The land is zoned agricultural, but we were granted permission
to build a s~ngle famdy residence. We have been in the home less than three years.
All of a sudden, we start hearing all this flap about the need for a new road, and we
determine we just might be involved. Maybe dramatically involved, as all the reasons
for us wanting to be "in the country" would/could be altered if the road comes close to
our home; namely, an increase in toxic fumes, vibration, noise and light pollution, etc.
and a decrease in privacy, enjoyment of nature and wildlife, etc. The road could dMde
our land making it more difficult to farm, and the proximity of the highway (the second)
could make our homesite undesirable for aesthetic and safety reasons. If the desire or
feasibility for developing our land should ever arise, the roadway (which, by the way,
grew in concept from a 30/35 mph route to a 50 mph real highway!) would diminish its
appeal and value. These are a few of our objections, and others may arise as we
become more informed.
We are shocked by the sudden turnaround of public opinion regarding the most
desirable route. According to the Press Citizen article, the west alignment is the
longest option, would impact the most wetlands, adds 1/2 mile to the trips into and out
of the metropolitan area, and would require 23 culverts compared to18 for the east
route. Not only that, but an existing roadbed and thoroughfare is located on the east
route, and the homes built there were built around those and are of an older vintage.
At a zoning meeting this summer, a church group planning to purchase 20 acres off
Landon Avenue said they knew of the possible road extension and welcomed its
arrival in front of their property. We think a mistake is being made with regards to
selecting the proposed western route; it invades some of the most panoramic Iowa
scenery in the country. We want you to know of our objections to this decision, and
also to the improper conduct at the meeting on August 26 which was billed as a work
session, not opportunities for public comment. We are following your own stated
guidelines to contact elected officials.
Mrs. Barbara J. Stimmel
3210 Highway One SW
Iowa City, IA 52240
319-351-7288
'- REC IVEO OCT
Inn Ho Shinn
Aoeshe Restaurant
624 S. Gilbert St.
Iowa City, IA 52240
Dear Men and Women of the City Council,
My name is Inn Ho Shinn. I have been proud to own and
operate businesses in the Iowa City community for over twenty
years. I currently own the businesses at 624 S. Gilbert St. Aoeshe
restaurant and East-West Oriental Foods.
What I write to you about today is a problem which tenants
and patrons continually call to my attention, which is that of the
unpaved alley~way behind the six hundred block of south Van
Buren. The dust kicked up by the traffic is overwhelming and the
mess after rainfall and such is quite a mess.
I have tried to remedy this situation by trying to collaborate
with the owners and managers of the apartments at the 600 block of
south Van Buren, but to no avail have 1 been successful.
Today I turn to you for help. I am hoping that there are funds
or grants that you may be able to direct to the site for repairs. With
all the new growth of business and residence in the area, 1 hope that
you will see the need for cleaning up this area.
Than you for your time and consideration.
Sincerely,
/'Inn Ho Shinn
CD
October 29, 1996
CITY OF I0 WA CITY
Mr. Inn Ho Shinn
Aoeshe Restaurant
624 S. Gilbert Street
Iowa City IA 52240
Dear Mr. Shinn:
This note is in response to your letter dated October 14, 1996, regarding the
alley behind the 600 block of south Van Buren.
I asked our Streets Superintendent to inspect the public right-of-way alley. He
indicated to me that it is paved half-way with blacktop, with the remaining portion
surfaced with rock. There is also an approximate four-foot high hedge between
the alley and your business parking lot. An apartment complex abuts the alley
on the opposite side.
The Streets Superintendent observed traffic using the alley and indicated that
vehicles travel at reduced speeds as it is a short, dead-end alley.
Property owners have the option of paying costs to apply a hard surface on
abutting public right-of-way alleys. If you, and/or the apartment owner would like
to pursue this option, please contact Rick Fosse (City Engineer) at 356-5143.
Sincerely yours,
Stephe J. A~'"
City Manager
CC:
Streets Superintendent
City Engineer
City Council
410 EAST WASHINGTON S'tREET · IOWA CITY. IOWA ~2240.1a26 · I319) 356,~000 · FAX (~ 191 356-~009
RECEIvEEl OCT 2
October 15, 1996
oo3
Dear Council Member:
Enclosed please find a copy of a letter sent to Council Members on April 8,
understand that the placement of a traffic signal at the junction of Highway and Old
Dubuque Road will come before Council again in the very near future. The enclosed
letter describes our concerns, and we hope that the sequence of traffic signal changes
'"~" reflect some consideration of our problem.
I hope to be present at the public meeting, and I will be glad to answer any questions
you may have.
Yours sincerely,
Marge Clancy
April 8, 1996
We are writing to express our concerns relating to the development of an arterial road
system and installation of a traffic light at the junction of Dubuque Road and Highway 1
in northeast Iowa City. My wife and I live on Highway 1, within a half block of this
intersection. My son and family live next doer. Traffic on Highway 1 is heavy,
particularly during early morning and late afternoon when employees are coming to or
from work at the ACT and NC$. Believe me, it is also very fast, and our petitions to
have the speed limit reduced have been ignored. It is, therefore, not surprising that at
times we find it quite dangerous to make exits and entrances to our property. We have
been "rear-ended" on a number of occasions and sincerely hope that chances for
further accidents can be reduced. That in a nutshell is the purpose of this letter.
The placement of a traffic signal at the junction of Dubuque Road with Highway 1
slow the traffic, but when vehicles proceeding west to Iowa City are backed up, we will
find it very difficult to exit and make a left turn to Iowa City. We have also learned that
turning lanes may be constructed at the intersection and should the road be widened it
is likely to encroach on our entrance and increase the grade on an already steep
descent from our house. In other words, our problems could get worse.
These are our concerns and they have to do with our safety. We had previously written
to Major Horowitz about this matter, and she came here to see for herself. Should our
fears become a reality, we are seeing an assurance that the City will provide us with an
alternative safe access to our property which is mutually acceptable.
We have lived at this location for 30 years. Together with my neighbor, Charles Eble,
we have preserved 12 acres of natural habitat. We hope we can continue to live here
and that current development plans do not have an adverse impact on this very fragile
environment.
April 8, 1996
Page 2
We would welcome the opportunity to show you the property and answer any questions
you may have.
Yours Sincerely,
John Clancy
Margaret C. Clancy
James Clancy
Joanna Clancy
Phone: John Clancy 351-5906
James Clancy 354-7335
R :CEIvF. D 0o'r 2. 4 1996
October 21, 1996
To: Members of the City Council, copy to Jeff McClure
From: Dale Shires, 3229 Friendship St., ph. 338-0921 ,,~ ~
It was frustrating after listening to the Council's work session last night, having written
letters, to be asked not to respond to unanticipated comments. Please "hear me" now.
City Policy - Most of the neighbors believe it is appropriate for the City to work on our
private property because City actions have decreased stream capacity and increased
frequency of flooding. The addition ortho intake grate for a sense of safety (probably
misplaced) results in plugging. The creek has reduced depth due to sedimentation
(inspection of the creek on our property shows 18" or more of coarse sand mostly from
what the City spreads on the streets instead of tile siltation one would find by erosion of
the fine-particle softs in this area). Annexation and rezoning have changed the watershed
bringing faster runoff with increased roof and paving areas. Finally, a precedent was set in
the 1980's with the ill-fated channel work done by the City toward the Shamrock inlet.
Buried Tube Objections -- Although my wife and I want the aesthetics of a creek. we may
compromise for an open ditch. Beyond our self-interests, 1 am convinced a buried tube
creates new problems and doesn't eliminate the potential of flooding. For less than
$500,000 the City should be able to buy the whole affected flood plain! The highest level
of flooding on our property was not in 1993 but after a quick 4" rain in 1972. I calculate a
4" rain coming in 2 hours exceeds the proposed tube's 300 cusec (cu.fffsec.) capacity and
our flooding would be just as high with the tube (local surface runoff plus geysers from the
local intakes). Some lower cost alternatives follow.
A. Lowest Cost Course of Action (beyond inaction) -- clean Shamrock tube and below,
remove or redesign intake grate to reduce clogging, rework intake area to decrease erosion
and increase capacity, and provide maintenance for the Friendship/Court tube. If those of
us further "up the creek" knew this was all that would be done by the City, many of us
would assume some responsibility for problems with the creek on our properties.
B. Next Level Option -- In addition to "A", dredge the creek and remove any problem
trees* volunteered by their owners. (*Trees in or overhanging the creek dropping branches
that end up plugging the grate. Some are willows that may be near the end of their life
expectancy. Some are cottonwoods I believe no longer allowed by ordinance.)
C. Create an Easement, Re-align and Stabilize -- The aesthetics change from a creek to an
open ditch. Capacity equal to the tube could be achieved within an 8' permanent easement
on each side of the property line. One option would be 5' vegetative slopes (2:1) into a 6'
half-tube, using geotextile reinforcement (erosion control blankets) to prevent erosion
where lhe grass slope meets the tube. The half-tube should handle about 100 cusec --
enough for most rains; the area within the sloping banks more than 200 cusec more. An
ordinance could prevent compost piles and tree/shrub plantings within the easement, for
better maintenance and reduced grate plugging
THE UNIVERSITY OF IOWA
October 11, 1996
City Council of Iowa City
Civic Center
410 E. Washington
Iowa City, IA 52240
Dear Council Members:
The University wishes to thank the Council and City staff for the cooperative efforts
in constructing the River Corridor Trail from the Iowa Memorial Union bridge to Iowa
Avenue along the west riverbank. This project was equally funded by the City and
University and is a prime example of how both the City and University can benefit
through such cooperation. Now that the trail has been completed the University
agrees to provide for snow removal and general maintenance as a part of the
general campus system of walkways.
Regards,
Richard E. Gibson
Associate Vice President
and Director
REG/jh
c: Ann Rhodes
George Klein
Larry Wilson
Bob Brooks
Bob Vercande
Doug True
I:\p\p\l\rivcorr. ltr
Facllioes Services Group - Adminis~ation
416 North Hall
Iowa C~ IA 52242-1223
Phone 319/335-1245
FAX 319/335-1210
0'703'
CITY COUNCIL
City o~ Iowa '0ity
410 E,Washington
Iowa City, Iowa
Street
41~ Woodr~idge Ave.
Iowa
'" .~
Dear Friends;-
I think you need to address the sign and handbill problem
in downtown Iowa City. I am talking aboLtt those that the
downtown bars are putting up to advertise coming '-at~ract~½~ns.
First of all, I want to thank whoever- is r-esponsible for
getting the signs and staples o~¥ o~ the poles etc. in the
block o~ Linn Street between Iowa Avenue and Washington
Street. When I complained about this and wrote letters to
the editor of the local newspaper,I especially pointed out
this area. I recently spoke to a City employee who works
for F'arks and Rec who was doing a nice job o~ keeping the
poles cleaned off. I told him that I really appreciated
what he was doing,as I used to do that job when I was on
the Police Department. He said that he could not understand
why he was told to only do the few poles in this block,and
wished he could do the whole downtown. I then in~Cormed him
that since I was a former City of Iowa City worker,I was well
aware that they have the method of "lubricating only in
the area where the noise was coming ~:rom"~ and that is why
only that area is being worked on.I ask'ed if he is turning in
those that he tears down and he said "no"..they only want
them torn down". When I worked ~or the City, I osed to write
the location.,time I took it down and my name on the back
of each one and then I turned them in.
The City Managersilo~6~i:e would call those in 9~olat~5 a~'d
in~orm them that<.~'~ City'~Attorneys b~ice wdilld ~e~i~i.~g~
:barges unless: ey ceased~ ,and it seemed to
Also 'spoke {o,toid me, he has
putting more ~tgns up nearby and Police~Patrol ' .' '.." car~ · woul
drive right on by. He ~urthermore stat'ed that the bars are
starting to use paste to put signs up.,and in the Ped Mall
they have pasted them on tables or.b. enches. I assure you
that if they start do'ing that yoLI will have a real mess ,.-~
on your hands and a lot of hoots will be spent trying to
get them o~f.
Also I am hearing lots of complaints of young people smoking
"pot" in a area north of the alley in the 100 block o~ South
DL~bL~que Street in the Ped Mall.On a recent nice days there
were also people stopping by my place of employment,to tell
me o~ a gLly with a mohawk hair style and a ~emale with multi
colored hair having sex on a bench in the Red Mall in the
area of the Fieldhouse Bar at 2:00 PM.I realize the cold air
coming will take care o~ some o~ these problems as well a~
the daredevil bicyclists and skateboard artists,but the
Pedestrian Mall does need to be dealt with~
I write this letter because having lived here all o~ my
57 years, I would like to see it be a better place.
Thank you for' yOUr' time.
Sincerely:
R. J.Stika~ retired
October 16, 1996
Members Of the Council:
As I participated in the "United Way Day of Caring" at the end of
September, I became discouraged by the mount of litter that is left on
city streets and sidewalks. I've become even more upset after the big
events like LTI Homecoming and Hospice Road Races created an even
greater amount of trash.
I know the city is planning some down-town improvements, and my dean-
up crew and I thought the notion of Adopt-A-Block may be a way to get
more community involvement in the clean-up efforts on an ongoing basis.
Including the University community seemed an important component of
this plan, as it appears that much of the litter is created on drinking
weekends and during UI related events.
We had no specific ideas about how to implement such a plan but wanted
you to be aware of our concerns and suggestions.
Sincerely,
Sandy Pickup
818 3rd Ave
Iowa City, IA 52245
337-4459 (work)
November 1, 1996
RECEIVED NOV 0 11996
To: City Council
From: The Monday Foram
we are pleased to report to you that our efforts with the Iowa Department of Transportation
have met v~th some success and we will have s~n$ for Downtown on the Interstates.
The DOT reports that contracts for new signs will be awarded in December and we should see the
signs on the highways early next spring. The signs will direct traffic to the Downtown from the
Dubuque Street exit on F80 and from the exit at Highway I on 380.
Our special thanks go to Joe Fowler who was tte City representative for our meetings with the
IDOT.
We have also finalized, with the help of the city staff, the "tn.t~wn" directional signs to
Downtown. The final design has been endorsed by our group and also has been approved by the
board of directors of the Downtown Association.
May we please hear from you as to .your plans for producing and installing these new "in-town"
signs? We would like to have some or all of them in place for the holiday shopping season. All
of our Downtown I~siness experience increased traffic from Thanksgiving until the end of the
year. These new signs would be a great way to let everyone know that the Downtown is alive and
well.
Sincerely,
The Monday FOrum
Nancy Burhans, Gringo's, DTA, CofC
Val Chittick, Domby,
Tara Cronbaugh, Java House
Jim Clayton, Soap Opera, DTA
Victoria Gilpin, Preferred Stock, DTA, CofC
Mark Ginsberg, MC Ginsberg Jewelers, DTA, CofC
John Murphy, Bremer's, DTA, CofC
Dave Persons, Frohweln, DTA, C0fC
Mark Weaver, Active Endeavors, DTA, CofC
3708'
October
9, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil service Entrance Examination - M~I~AI~!
We, the undersigned members of the Civil Service Co~nission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Maintenance Worker I - Refuse.
Kevin Collins
Hired: 9/16/96
IOWA C~TY CIVIL SERVI(~B
dy, Chair
ATTEST:
rl~ Karr, City Clerk
October 16, 1996
CITY OF I0 WA CITI
TO:
RE:
The Honorable Mayor and the City council
Civil Service Entrance Examination - MAINTENANCE WORKER
- STREETS
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 Maintenance Worker I - Streets.
Scott Harlan
Gerald Cox
David Corso
Hired: 10/20/96
Hired: 10/7/96
Hired: 10/7/96
CITY CIVIL 8ER¥ICE
COM~IBSION
M'~i W.~y, Chair
ATTEST:
~arlan Karr, City Clerk
October 16, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - MAINTENANCE WORKER
- STREETS
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 Maintenance Worker II - Streets.
David Gillham
Bob Wood
Andy Stimmel
Hired: 10/7/96
Hired: 10/7/96
Hired: 10/7/96
ATTEST:
arian Karr, City Clerk
IOWA CITY CIVIL SERVICE
M~chael W. K~edy, Chair
October 16, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and
Civil Service Entrance
III- STREETS
the City Council
Examination - MAINTENANCE
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 Maintenance Worker III- Streets.
Robert Williams
Hired: 9/30/96
IOWA CITY CIVIL SERVICE
C~ION
ATTEST:
rian Karr, City Clerk
October 18, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - ~AINTENANCE
IXI - L~NDFXLL
WORKER
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 Maintenance Worker III- Landfill.
David Fisher
Hired: 10/14/96
IOWA CITY CIVIL SERVICE
CO~ZSSION _
~e~y, Chair
ATTEST:
Marian Karr, City Clerk
October 9, 1996
CITY OF I0 WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - P~/{KING
We, the undersigned me~bers of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Parking Cashier.
Cary Spicher
Hired: 10/5/96
IOWA CITY CIVIL BERVICE
y, Chair
ATTEST:
~ar=an Karr, City Clerk
October 21, 1996
CITY OF IOWA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - PARKING
ATTENDENT
ENFORCEMENT
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 Parking Enforcement Attendent.
LaDonna Potter
Hired: 10/21/96
ATTEST:
ian Karr, City Clerk
CITY CIVIL
SERVICE
Chair
Septe~11ber 23, 1996
CITY OF IOWA CITY
TO:
RE:
The Honorable Mayor and %he City Council
Civil Service Entrance Examination - ~RO~I~%M
We, the undersigned mambers of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Program Specialist.
Julie Seal
Hired: 9/25/96
IOWA CITY CIVIL
COlCHISSION
BERVICE
Chair
ATTEST:
City Clerk
RECEIVED OCT
CENTERSPACE 4 Jog8
October 24,1996
To: Members of the Iowa City Council:
,,~ Naomi Novick, Mayor
Larry Baker
Karen Kubby
Ernie Lehman
Dee Norton
Dean Thomberry
Dee Vanderhoef
From: Co-chairs, CenterSpace Committee:
Karen Chappell
Joyce Summerwill
Shirley Wyrick
The CenterSpace committee has given thoughtful consideration to the possibility of
combining the CenterSpace conference and cultural center concept with that of the
need for additional Iowa City Public Library space. We would appreciate your giving
the enclosed materials your attention as you prepare for your meeting with the
Library staff and board.
It is our belief that the combination of Library and CenterSpace can provide the
special energy and momentum in downtown Iowa City which will maintain and
enhance its unique and special character, and which will bring more visitors and
general public downtown to participate, to enjoy it and to do commerce in it.
We are also giving these materials to the Library Board and to members of the
newly formed Downtown Strategies Committee, along with the many organizations
that have shown interest in the CenterSpace concept over the course of its
development.
We appreciate the encouragement of our past Iowa City Councils and will be most
happy to meet with you whenever you feel that is appropriate.
A Downtown Iowa City Vision Statement
Fall, 1996
We, members of the CenterSpace Steering Committee, believe this community is
graced with a rare opportunity to demonstrate the vision our citizens have
celebrated in the past.
The foresight of earlier leaders brought about a downtown renewal that is the envy
of municipalities nationwide. The renewal project and ensuing civic, business and
volunteer efforts through the years have preserved, enhanced and multiplied the
unique attributes that make Iowa City a destination rather than a departing point in
this region.
It's time for a next visionary step. The opportunity before us calls for the
inventive use of the last remaining parcel of downtown urban renewal
property. How can this property best be used to further our dty's vision
and to benefit this region? Can a facility be packaged that will become our
downtown's keystone? Can a facility be envisioned to meet documented
community needs and attract increasing numbers of people to the
downtown? Can we envision and bring to reality in this key location a
structure that blends community goals and commercial goals? We believe
that with an inventive approach, the answer to these questions is Yes.
For over five years, the CenterSpace group of volunteers, representing a good cross
section of area residents and more than 40 arts and cultural organizations, has
worked to develop the concept of CenterSpace. Discussions led to a professional
feasibility study commissioned by the City of Iowa City affirming in 1994 the need
and logic for incorporating cultural and conference facilities into a mixed use
building on the last parcel of urban renewal land.
From the beginning of discussions, CenterSpace has been seen not standing by itself
but housed in a building that represents a good blend of both private and public
enterprise, a facility incorporating cultural, arts, conferencing and commercial
spaces. And we are convinced that the CenterSpace concept lends itself to many
different mixes, that it is a flexible one that could include a new Public Library. a
commercial food market (such as New Pioneer Co-op) and/or condominiums on
the top floors, in addition to several elements of the CenterSpace concept.
The CenterSpace committee would like to suggest combining elements of
CenterSpace with the building of a new public library and possible
approaches:
First, a New Building on the Last Urban Renewal Parcel:
1. We can envision a first floor that would have a separate entrance, lobby ~nd first
floor devoted to the Iowa City Public Library (ICPL), as well as an open area that
would serve as a multi-purpose lobby incorporating the Information and Gathering
Centers we propose for CenterSpace (see the attached summary page of each of the
CenterSpace elements for a description).
The ICPL and the Info~-,,~ation and Gathering Centers could be separate or
intermingled. Certainly both deal with the public at large, with families and with
essential services already identified as public needs. The cultural and community
activities envisioned in these centers could easily be part of the ICPL's mission since
an arts/cultural information area and central ticketing has long been a need in this
community.
2. We envision also a 500 seat conference and performance auditorium as part of a
new building (this cannot be built into the current ICPL building because of its
structure). A full, but moderately-sized auditorium/performance hall has long been
a need for this community (the ICPL itself has professed a need for such an
auditorium in some of its programs). This 500 seat conference and performance
auditorium can accommodate primary daytime needs of conferences and primary.
evening needs of performances which include music, theater, talks, and a wide
range of presentations.
With the rapid growth of media and television we envision an exciting perforu~ing
arts and conference space that would lend itself well to multimedia, video and other
technology-based conference and community presentations. Support services for
conferences and perfo~'mance require a fly space to house necessary screens and sets
for efficient use of this multipurpose space.
3. We envision in this building the addition of more library meeting rooms and
conferencing rooms, even while retaining present meeting rooms in the current
library. This could meet public demand for adequate meeting spaces, available to
anyone in the community, and could encourage more visitors by providing
adequate conference areas when combined with those of the nearby hotel or with
other hotels in the area.
Secondly, Utilization of the Current Library Building:
1. We envision the Communication Center as part of the renovated current library
building. It would house area-wide community-based public access television with
the capability of video and public access television service to all areas in the urban
renewal building as well as this building. (see the attached summary page of each of
the CenterSpace elements for a description).
2
2. We envision, also, a Visual and Literary Arts Center as part of this renovated
building. This would include exhibition space, workshops and hands-on activities
in the ar~s as well as a home for the very successful Arts Iowa City which has
developed the prototypes for these activities in its longtime downtown location.
(see attached summary page for description).
3. In a renovated current library building, we envision more space for activities
constituting a Discovery Center with exhibition space and areas for hands-on
learning experiences of every kind. (see attached summary page for description).
The Discovery Center could provide exhibition space for exhibits generated within
the center itself or by organizations such as the Johnson County Historical Society
which are not housed in the Discovery Center.
Lastly, a Bridge between the new buildin~ and the present library:
To best serve the integration of the activities between these two buildings, and in
the best interest of the public, the CenterSpace committee suggests that a
weatherized bridge (skywalk or underground connection), allowing freedom of
movement between the two sites, be designed between the two buildings. A bridge
will give access to the parking ramp and to the varied and related activities taking
place on both sites.
Members of the CenterSpace Committee, a Task Force of the Iowa City Area
Chamber of Commerce:
Richard Blazek - Patt Cain - Karen Chappell, co-chair - Wally ChappeR - Maggie Conroy -
Judith Dows - John Fitzpatrick - Wendy Ford - Donna Friedman - Gloria Galask - Rudy Galask -
Mary Gantz - Patrick Grady - John Hess - Jo Jones - Christiane Knorr - Mary Lea Kn,rse - Donald
Macfarlane - Betty McKray - Barbara Nilausen-K - Kevin O'Brien - Rent Paine - Laurie Robinson -
Robert Sierk - W. Richard Summerwill - Joyce So. mmerwill, co-chair - Alan Swanson - Wallace
Tomasini - Dickie Van Meter - Steve West - Craig Willi~ - Shirley Wyrick, co-chair
3
CenterSpace - a regional Cultural/Conference Center
Executive Summary - Spring, 1996
Name and Scope of Project:.
CenterSpace is seen as a mixed-use facility providing opportunities for community
residents and visitors to participate in a wide variety of programs, perfo~'~ances,
exhibitions, events, workshops, classes, conferences and commercial offerh~gs. Sited
on the last urban renewal parcel in downtown Iowa City adjacent to the Iowa City
Public Library and Pedestrian Mall, CenterSpace will be accessible to people of all
ages, populations, incomes and artistic experience. CenterSpace will serve the
community by joining traditional and innovative cultural activities with
educational opportunities and commercial enterprises. This integration is essential
to the facility's concept and key to its success. In addition to the conference and
commercial spaces, the cultural components would consist of the following:
Performing Arts Center is a 500 seat conference and performance auditorium
with support areas, including fly space.
16,400 square feet estimated cost: $3,102,940
Inforu,ation, Discovery & Gathering Center with multipurpose lobby is a
"hands-on" exhibits and educational space designed to attract families and
children in addition to its usage by the community for such needs as public
arts/cultural events and public, business and private receptions, etc. This space
also includes a centralized regional schedulIng, information and ticketing
operation.
6,300 square feet estimated cost: $736,000
Communication Center is the area-wide community-based public access
television site for live and taped productions. Also provides service to all
activities and components of CenterSpace, including conferences, presentations,
and meetings.
3,000 square feet estimated cost: $314,000
Visual & Literary Arts Center (VLAI - all wall surfaces and public floor areas
within CenterSpace will be used for exhibitions and impromptu performances
and events. (Other off-premises exhibition sites in the area might be included as
part of the CenterSpace concept.) In addition, the VLA Center includes four
traditional classrooms and studios for visual arts such as painting, sculpting,
printmaking, photography, etc., that can also be used for rehearsal space.
4,700 square feet estimated cost: ~7,000
4
Date: Fri, 1 Nov 1996 15:17:54 -0600
From: jo grant <jgrant@bookzen.com>
To: mkarr@blue.weeg.uiowa.edu
Subject: Old Jet
To: city Council members,
Re: Old Jet
October 31, 1996
Iowa City
Old Jet is a war memorial. As a veteran of the Korean War, and, for many
years a resident of Iowa City, I urge the city council to replace the F-86
jet fighter--a fighter plane that will be remembered by East Asian
civilians as the plane that introduced women, children and men to
napaim--with a memorial to civilians who have been, and continue to be,
casualties of war.
Today, Iowa City has a reputation as a center for the arts that few
communities of comparable size, nationally or internationally, can match.
Whether a conversation on the arts turns to music (few high schools
anywhere can field a full symphony orchestra as both Iowa City High schools
do along with an excellent youth orchestra and the University of Iowa
Symphony; the Preucil School, Stradivari Quartet), art (Printmaking and
sculpture), creative writing (the Writers Workshop plus poetry &
playwriting departments with accomplished, recognized graduates that would
take pages to list) or dance, Iowa City is invariably mentioned as a city
that nurtures artistic expression.
With these resources I believe Iowa City can replace the deified jet
fighter with either a Peace Memorial, or possibly a local holiday that
would provide all artists with an opportunity to demonstrate for peace.
Located in the heart of the country, a multi-media art competition, with
music, dance, theater could be an attraction that would benefit the city,
the university and the state.
As we come to the end of the 20th Century, punctuated as it has been by
devastating wars that have taken a toll of civilian and military lives
unprecedented in history, workers for peace and equity throughout the world
would b~ inspired by Iowa City's removal of a war memorial created with a
discarded weapon of war and mass destruction.
joe grant
Former Iowa Citian
113 Cambridge Road
Madison, Wi 53704-5909
Authors can display their books & software F R E E
http://www.bookzen.com
Over 10,000 visitors a month
GLASSON, SOLE, MCMANUS & COMBS, P.C.
A'ITORNEYS AT LAW
SUITE 206 HIGLEYBUILDING
118 3RD AVENUE S.E.
CEDAR RAPIDS, IOWA 52401
MA'ITHEW GIASSON
R. L. SOLE
DAVID P. MCMANUS
NANCY COMBS
Honorable Mayor Naomi J. Novlck
and Members of the City Council
Civic Center, 410 East Washington
Iowa City, IA 52240
TEl. El'HONE
(319) 366-4313
FAX NUMBER
(319) 36~-0368
November 4, 1996 :-'- "
Greetings:
I am writing to you on behalf of the Police Labor Relations Organization of
Iowa City concerning the proposal to adopt a Police Citizen's Review Board.
I have been provided with a draft version of the policy proposal, dated
October 21, 1996. I understand that the Council will be reviewing this
proposal and considering the adoption of an enacting ordinance. The
purpose of this letter is to express my very strong concerns with certain
porlions of the proposal.
I have only recently received a copy of the proposal but even in the brief
time that I have had to reflect upon the proposal I have discovered some
very serious flaws in the policy. I am very alarmed that the Council would
even consider adopting the policy in its present form. I would strongly urge
you to consider carefully before going forward with this idea.
It seems to me that part of the problem is the absence of a clear mission for
the PCRB. The purpose of the PCRB is not entirely clear from the policy.
The portion of the policy entitled "Intent" suggests that the PCRB is being
created for the purpose of reviewing the policies and procedures of the Iowa
City Police Department for the purpose of developing programs and
strategies "to promote positive police-community relations." If that were
truly the purpose of the PCRB, most of my concerns would be eliminated.
However, the remainder of the policy does not seem to address that
particular function. Instead, as far as I can tell, the policy creates a new
board to invesUgate and/or adjudicate allegations of misconduct by Iowa City
Police Officers.
As you know Iowa City already has a functioning procedure to address citizen
complaints concerning allegations of officer misconduct. The Iowa City
Police Department has an internal affairs procedure which has functioned
November 4, 1996
Page 2
for a considerable period of time.
in a final review by the Chief of Police, subject to the officer's sta(utory aght
of review before the Iowa City Civil Service Commission. I am nc~'gwaro of
any evidence that the current structure is not functioning or t~._~t_cif-~en
complaints are not being addressed. o:' .~.
There will always be complaints concerning the operation of a;n~, poli~ce
department. This has certainly been the case in Iowa City over the last few
years. However. at least as far as I can tell. those complaints are being
addressed and the Police Department and the Civil Service Commission have
not hesitated to take actions based upon citizen complaints. It seems to me
to be no need to create a new body to remedy a non-existent problem.
The internal affairs procedure-cL~lmtt~tes:y~
There may be some legitimate functions which could be performed by a
citizen review board. however I do not believe that the functions outlined in
the polley should be delegated to the PCRB. In particular. I am very
concerned that the Council would consider putting the PCRB in charge of
routine employee supervision and discipline. Those are functions which
properly belong to the Chief of Police. The Chief is trained in law
enforcement procedures and is familiar with the operations of the
department and the performance of the officers. I can not imagine the
justification for giving day to day administration of personnel matters to a
non-elected board. particularly one not familiar with police procedure or
personnel management. The effect on morale and on the efficient operation
of the department would be devastating.
After reviewing the policy it seems to me that it does not improve on the
current situation. As far as I can tell, the PCRB does not replace any existing
structure or function, it simply adds another layer of bureaucracy to the
process. For example, the policy suggests that the PCRB will initiate an
initial investigations of every citizen complaint to determine whether the
Chief of Police should conduct an investigation of that complaint. At the
present time the Internal Affairs Department investigates every citizen
complaint. It is not clear to me why it would be desirable to have the PCRB
screen citizen complaints prior to their referral to Internal Affairs. If
anything, this additional layer of would simply add to the delay and
frustration of those making complaints.
The only new function, as far as I can tell, is the concept of mediation. As a
labor attorney I have participated in many mediation sessions over the years.
I thought I understood the process fairly well. However in reading the
policy I quickly became bewildered. For example. the policy provides that
"either party... may appeal the Mediator's decision to the full PCRB for
review." Since mediation is designed to reach a voluntary agreement, it is
hard for me to understand how there could ever be anything to appeal from.
The policy also provides that on appeal. "/f good cause is determined by a
majority of the PCRB (Mediator may r~ot vote). grant the petition of appeal
and eitl'~er reinstate the mediation, dismiss the complaint. or order a formal
investigation." Again, it is difficult to understand what these terms mean in
the context of a mediation. According to my understanding of the policy,
November 4, 1996
Page 3
the appeal can only be granted upon "good cause". although that term is
nowhere defined. In the event that the PCRB does somehow determine that
there is "good cause" for the appeal, it may "re-institute mediation". This
seems to contradict an earlier provision which provides that mediation is
voluntary and requires the consent of Complainant, the PCRB, the Police
Department, and the subject officer. It is not clear to me how the PCRB
could compel the parties to "re-institute mediation" if any one of the
parties were reluctant to do so.
Although mediation can be a very useful procedure, it does not seem to me
to be very well suited for resolving citizen complaints. The problem is that
there are several conflicting interests which generally can not be addressed
simultaneously. Imagine that a citizen complains that he has been given a
ticket for riding his bicycle in the plaza, alleging that he has been unfairly
singled out for enforcement when others are not being charged. The officer
who issued the ticket cannot withdraw the charges. That decision would
have to be made by the City Attorney's office. Nor can the officer change the
procedures or practices of the department. That decision would be made by
the watch commander or the Chief. Even if the officer wanted to reach a
voluntary resolution of the complaint, there is little he or she could do to
remedy the situation.
Although the Chief has the authority and the power to address citizen
complaints, it really does not make sense to have the Chief attempt to
mediate a complaint about an officer's conduct. If the Chief finds that the
officer has violated department rules, then he will probably take some
disciplinary action against the officer. If he finds that the officer ha~ acted
properly then no disciplinary action needs to be taken. The ~ea i~P~at the
Chief would. bargain with the citizen over the amount of dis. a91ir~_-
imposed is both absurd and repugnant. I can't imagine tharc;t:.he
would want the Chief to agree. for example, to give an offic~
suspension in return for the cittzen's agreement to withdraw a~.'_unf-~ nde~l
complaint concerning an officer's misconduct.
The poltcy's provisions concerning investigations are equally co'ri~usin~-. The
policy suggests that the initial function of the PCRB is to determine if the
coinplaint is "within their jurisdiction". However the jurisdiction of the
PCRB is nowhere defined. The investigative procedures seem to indicate
that the investigation will be conducted by the Chief of Police. However, it
also provides that "police officers have a duty to answer questions before the
PCRB". This provision seems to suggest that the PCRB itself will conduct
the investigation or hold an evidenciary hearing. The idea that the PCRB
would conduct its own investigation or hold evidenciary hearings raises all
sorts of constitutional issues. It also creates the potential for a masslve
invasion of the officers' right to privacy.
I am very concerned with Paragraph 8 which provides that in the event that
the PCRB finds police misconduct, the report may become a public record
"as provided by Iowa's Open Records Law." I would be extremely concerned
if the reports if this Citizen's Review Board were to be considered a public
November 4, 1996
Page 4
record. I do not believe Chapter 22 would permit the release of confidential
information in this manner. Paragraph 9A is also problematic. It allows for
the release of demographic information, background and employment
records relating to an officer. Obviously this is a tremendous invasion of
privacy, and for no apparent purpose.
The policy is also not clear about who makes the final decision on whether
discipline should be imposed. Paragraph 10 seems to suggest that the Chief
of Police will make a recommendation to the PCRB. I would be extremely
concerned if this were the case. Paragraph 11, on the other hand, seems to
indicate that the Chief will make the final decision based upon several
factors, including the "advice" received from the PCRB. Paragraph 12
provides that the PCRB "shall use the standard of clear and convincing
evidence in determining their{sic] findings. Since the policy does not
provide for an evtdenciary hearing before the PCRB, it is hard to imagine
how the PCRB could apply a particular standard of evidence or what findings
it could possibly make. The only' "findings" referred to in the investigative
section are those of flue Chief of Police. Nor does the policy make it clear
who has the burden of proof or what it is they would be required to prove.
Finally. the policy provides that "disciplinary decisions", apparently by the
PCRB, may be appealed by the officer to the Civil Service Commission. This
appears to me to be changing the provisions of Chapter 400 of the Code of
Iowa, which deals with the jurisdiction of the Civil Service Commission.
I believe this policy, in its present form, is a violation of the Iowa Open
Records Law, Chapter 22, and the Iowa Civil Sen'ice Law, Chapter 400. In
addition, it certainly violates many Constitutional provisions and deprives
officers of their constitutionally protected due process rights. I trust that
the Council will not go forward with this proposal until the purpose,
structure, and function of the PCRB is more carefully thought out.
Enactment of an ordinance based upon the policy in its current form would
be a great disservice to the citizens of Iowa City and would be a tremendous
injustice to the officers of the Iowa City Police Department.
MATTHEW GLASSON
MG/kJ
cc: Dan Dreckman
City Attorney
MEMO:
DATE: November 3, 1996
TO.
Mayor Naomi Novick
Councilor Larry Baker
Councilor Karen Kubby
Councilor Ernie Lehman
Councilor Dee Norton
Councilor Dean Thornberry
Councilor Dee Vanderhoef
FROM:
David & Pamela Fitzgerald
1320 East College
338-2005
Lou Becker & Cindy Cochran
1311 East College
351-7476
Jeff & Nyla Sackett
1306 East College
354-0608
Gillian & Charlie Fox
]16 Pearl Street
337-7045
Ollie & Clarence Andrews
108 Pearl Street
337-3]49
Margaret Silber
4 Washington Place
339-0876
Jean Turner
5 Washington Place
351-9180
We are a group of neighbors who own property along Ralston
Creek near College street and share a concer. about the
maintenance of the stream channel. Our concerns have been
heightened by the recent completion of the storm sewer
project upstream (south) of our properties. In May 1996
flood water reached higher ]evels in seme of our yards than
it has i. the past ]9 years, including 1993.
Trees that have grown along the creek banks have given way
to tbe increased waterflow and slipped and fallen into the
stream channel° These trees and ]imbs obstruct the water
flow, catch debris brought down the creek and have caused
and will continue to cause a significant increase in the
back up of water on properties.
The solution to this problem is complicated for any one
property owner by the way limbs have interwoven as they have
grown and fallen from one property to another and from one
side of the creek to the other. Amy Bouska of the Johnson
37a{
County Soil and Water Conservation District and Terry
Trueblood of the Iowa City Parks and Recreation Department
have examined the areas of concern and agreed it is a
problem. In addition we have consulted with the Iowa City
Riverfront Commission, Iowa Department of Natural Resources,
and a University of Iowa geologist. We also understand that
Terry Trueblood has discussed the situation with Rick Foss,
Chuck Schmadeke, and Steve Atkin$.
This problem extends beyond the boundaries of any one
property owner and is aggravated by continued land
development and storm water projects upstream from our
properties. Property owners upstream from us have sought and
received relief in recent years for storm water problems.
The solution to our immediate problem is simply tree removal
and will require no new tiling, tunneling, street
reconstrnction or major earth moving. We are asking for the
¢ity's assistance in removing these trees. It is important
that this obstruction to the water-flow be removed prior to
the spring rains. Please take action on this problem in the
near future.
If you would like additional information, please contact
David or Pamela Fitzgerald,
November 4, 1996
CITY OF IOWA CIT)
Mr. Don Sehr, Chair
Johnson County
913 South Dubuque
Iowa City, IA 52240
Supervisors
Dear Don and Members
An application has been
21.25 acres from A-l, Agricultural
Fringe Area C, on the north side
Road (W62).
At its October 17, 1996, meeting, the
vote of 6-0, that the City Council
recommending that the req
one vehicular access point along
rezoning is in conformance with the Fdr
Board:
to .Johnson County by W-Four PartxJrs to rezone
{S ~, Suburban Residential. The pro. p'erty is located in
lighway 1 approximately one mile..w.e~'t of Sharon Center
and Zoning Cornfi~ission recommended, by a
a comment to !he' County Board of Supervisors
~s property be.approved, subject to there being only
1. Th~ Commission feels that the proposed
reement for Area C. The applicant has
taken advantage of the incentive for a cluster. subdivision by designated 80 percent of the
property as open space. -",
Council agrees with the recommendation of the Planning and Zoning Commission, and
therefore respectfully forwards a ¢6mment to the Board recommending that the request to
rezone 21.25 acres from A-1 tO RS-5 be approved, subject to there being only one vehicular
access point along Highway 1.
Sincerely,
Naomi J..N0vick
Mayor/-
PFIOhE (3~9! 35§-5000
FAX{319) 356-5009
November 4, 1996
CITY OF I0 WA CITY
Mr. Don Sehr, Chair
Johnson County Board of Supervisors
913 South Dubuque Street
Iowa City, IA 52240
Dear Don and Members of the Board:
An application has been submitted to Johnson County by W-Four Partners to rezone
2125 acres from A-l, Agricultural, to RS-5, Suburban Residential. The property is located in
Fringe Area C. on the north side of Highway 1 approximately one mile west of Sharon Center
Road (W62).
At its October 17, 1996, meeting, the Planning and Zoning Commission recommended, by a
vote of 6-0, that the City Council forward a -comment to the County Board of Supervisors
recommending that the request to fezone this property be approved, subject tothere being only
one vehicular access point along Highway 1. The Commission feels that the proposed
rezoning is in conformance with the Fringe Area Agreement for Area C. The applicant has
taken advantage of the incentive for a cluster subdivision by designated 80 percent of the
property as open space.
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 21.25 acres from A-1 to RS-5 be approved, subject to there being only one vehicular
access point along Highway 1.
Sincerely,
Naomi J. Novick
Mayor
410 EAST WASHINGTON STREET · IOWA CITY. IOWA $2240-1826 · (319) 356-$000 · FAX (3 I 9) 356-500~
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
October 17, 1996
Planning & Zoning Commission
Scott Kugler, Associate Planner
CZ9641. W-Four Partners Highway 1 West Rezoning.
The applicant, W-Four Partners, has submitted an application to Johnson County
requesting the rezoning of approximately 20 acres from A1, Agricultural, to RS-5,
Suburban Residential, for property located on the north side of Highway 1 West,
'approximately one mile west of Sharon Center Road (W62). A portion of the property is
currently being farmed, and the balance contains a wooded ravine and creek or
drainageway. A concept plan submitted with the application indicates that the applicant
proposes to divide the property into four one-acre lots and two outlots if this rezoning is
approved.
This property is located within Area C, outside of the City's adopted growth boundary, but
within the 2-mile extraterritorial review area. The policies of the Fringe Area Agreement
for property in this location allow residential development at one dwelling per 10 acres, or
one dwelling per 5 acres provided that at least 80 percent of the land is set aside as an
outlot for open space or agriculture. The intent of the 5 acre provision is to encourage
cluster developments which preserve large tracts of open space, agricultural areas, wildlife
habitat, and/or natural areas. The County's RS-5 zone has been proposed to
accommodate this type of development.
It appears to be the applicant's intent to set aside the wooded ravine and drainageway and
a portion of the agricultural property as an outlot, thereby taking advantage of the
incentive to provide a cluster development. However, the outlot being proposed does not
meet the 80 percent requirement of the Fringe Area Agreement. The property contains 20
acres, so 16 acres would have to be set aside as an outlot to meet the 80 percent
requirement. The concept plan includes two outlots containing 14.7 acres and .27 acres
(.5 if the Highway 1 ROW is included). The County's proposed RS-5 zone regulations do
not allow lots less than 1 acre in size. Four one acre lots would leave 16 acres, but this
does not take into account street paving or right of way. The County typically excludes
the street paving from its density calculations. Therefore, only three lots are possible on
this 20 acre tract unless additional property is added to the application. The applicant
owns much of the surrounding property in this case and could add additional property to
the outlot to achieve the 80 percent requirement.
Staff raised some concerns about the sight distance from the proposed roadway to the
west along Highway 1. There is an existing dip in the highway which begins near the
west line of this property. Vehicles within this portion of Highway 1 are not visible for a
short period of time from the proposed road access, and given the high speed of traffic
along Highway 1, staff was concerned that this could result in a safety problem for
motorists exiting the new roadway. However, a representative from the Iowa Department
of Transportation has studied the situation and has found that the proposed roadway
would meet their standards for sight distance.
The future extension of Highway 965 is proposed to intersect Highway 1 approximately
mile east of this property. The exact alignment of the proposed highway in this location
has not yet been determined, but it does not appear that any portion of this property will
be needed for these improvements. This should be a consideration when reviewing
rezoning/development applications for surrounding property in the future to ensure that a
corridor is retained for the extension of Highway 965 to Highway 1.
The City will be considering the extension of the growth area to the west as a result of the
Highway 965 alignment, but will not likely extend the growth limits in this area at this
time due to the anticipated length of time it will take before the roadway is extended that
far south. An extension of the growth area to the west, north of Rohret Road, is
anticipated in the near future, but it will likely not include the area south of Rohret Road.
Therefore, this property is considered to be outside of the City's projected growth
boundaries for the purpose of this discussion.
STAFF RECOMMENDATION:
Staff recommends that the City Council forward a letter to the Johnson County Board of
Supervisors recommending that CZ9641, a request to fezone approximately 20 acres from
County A1 to County RS-5, be approved. The number of lots to be platted and the
amount of open space to be reserved will be addressed at the time the preliminary plat is
reviewed for this property if the requested rezoning is approved.
ATTACHMENTS:
1. Location Map.
2. Concept Plan.
Approved by:
R obert~M~klo, ~/~enior Planner
Department of Planning and
Community Development
T
,4 f
LOCATIiON MAP
JOHNSON COUNTY, IOWA
'1 LINE
~ GWI/4, NEI/4, SEO
l/
/
/
/
/
/
/
/
/
NE COR, SW 1/4,
SECTION 26-T79N-
5TH PM.
N90°E
/
/ >
2'[J:¢res
/
/
W/O L01' ,:5
ROW I O0
/ROW 1.19
LOT 4
POINT (
BEGINNI
. / S89ow
ROW
SE COR, Sw
3UTLOT B NE 1/4 SEC1
o27 oc,. T79N-R7W-~
525'
LEGEND AND ix
November 4, 1996
CITY OF I0 WA CITY
Don Sehr, Chair
Johnson County Board of Supervisors
913 S. Dubuque St.
Iowa City, IA 52240
Dear Don and Members of the Board:
An application has been submitted to Johnson County by Jim Anderson, Stephan Bender, and
Thomas Bender, to rezone 8.64 acres from A1, Agricultural, to RS-3, Suburban Residential.
The property is located in Fringe Area A, west of Praide du Chien Road, approximately 1/4 mile
north of its intersection with Newport Road.
At its October 17, 1996 meeting, the Planning & Zoning Commission recommended, by a vote
of 6-0, that the City Council forward a comment to the County Board of Supervisors
recommending that the request to fezone this property be approved. The Commission feels
that the proposed rezoning is in conformance with the Fdnge Area Agreement for Area A.
However, the Commission does encourage the applicant to consult the policies of the Johnson
County North Corridor Development Plan regarding the preservation of open space, natural
features and wildlife habitat, and to incorporate these features in the preliminary plat for this
property.
Council agrees with the recommendation of the Planning & Zoning Commission, and therefore
respectfully forwards a comment to the Board recommending that the request to rezone
8.64 acres from A1 to RS-3 be approved, and that the applicant be encouraged to consult the
policies of the North Corridor Plan regarding the preservation of open space, natural features
and wildlife habitat, and to incorporate these features in the preliminary plat for this property.
The Council also encourages the Board to adopt ordinances which enact the policies of the
North Corridor Plan.
Sincerely,
Naomi J. Novick
Mayor
bC2-1NN
November 4, 1996
CITY OF I0 WA CITY
Don Sehr, Chair
Johnson County Board of Su.,~rvisors
913 S. Dubuque St.
Iowa City, IA 52240
Dear Don and Members of the Boa~
An application has been submitted to J(~nson County by Jim Anderson, St.ephan Bender, and
Thomas Bender, to rezone 6.64 acres fh~m A1, Agricultural. to RS-3, Suburban Residential.
The property is located in Fringe Area A, west of Prairie du Chien Road 3roximately 1/4 mile
north of its intersection with Newport Road.
At its October 17, 1996 meeting, the Planning & Zoning Commi recommended, by a vote
of 6-0, that the City Council folward a comment to Board of Supervisors
recommending that the request to rezone this propertlapproved. The Commission feels
that the proposed rezoning is in conformance with Fringe Area Agreement for Area A.
However, the Commission does encourage the apl to consult the policies of the Johnson
County North Corridor Development Plan rega the preservation of open space, natural
features and wildlife habitat, and to incorpor these features in the preliminary plat for this
property.
Council agrees with the recommend;
respectfully forwards a
8.64 acres from A1 to RS-3
policies of the North Corddo
and wildlife habitat, and
Sincerely,
of the Planning &X'Zoning Commission, and therefore
the Board recornmen~ng that the request to rezone
'ed, and that the applicator be encouraged to consult the
regarding the preservation 6f~open space, natural features
3orate these features in the prel~,minary plat for this property.
Naomi J.
Mayor
PHON~ {319) 356-5000
:'AX(319) 356-5009
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re;
October 17, 1996
Planning and Zoning Commission
Scott Kugler, Associate Planner
CZ9647. Anderson, Bender and Bender Rezoning Request - Prairie du Chien
Road.
At its September 19 meeting, the Commission recommended approval of an application
filed by Jim Anderson to fezone approximately 38.22 acres located on the west side of
Prairie du Chien Road, approximately % mile north of Newport Road, from A1,
Agricultural, to RS-3, Suburban Residential. Due to changes in the policies of the Fringe
Area Agreement and a revised concept plan, objections to the proposal that were
previously raised by staff and the Commission were addressed. The applicants, James
Anderson, Stephan Bender, and Thomas Bender, now wish to fezone an additional 8.64
acres located immediately south of the previously zoned parcel from A1 to RS-3. The
applicants own an additional 33 acres located immediately west of this parcel that is
currently zoned RS, Suburban Residential, and the concept plan submitted with this
application indicates that all three parcels will be incorporated into one subdivision.
This property lies within Area A under the new Fringe Area Agreement. The Fringe Area
Land Use Map indicates that Fringe Area A is generally appropriate for residential
development at RS-3 (one unit per three acres) or RS (one unit per acre if a cluster
development is done) densities. The proposed rezoning is consistent with this policy.
The Fringe Area A Development Policies state that rezonings to RS-3 for residential
development will be considered on a case-by-case basis in this area. For areas to be zoned
RS, cluster development which preserves large tracts of open space, including
environmentally sensitive areas, is encouraged by requiring that 50 percent of the land be
set aside as a conservation area. Existing RS zoning can be developed without the
reservation of open space. The adjacent 33 acre parcel that is currently zoned RS would
be allowed to be developed under the existing zoning without the reservation of open
space, but is proposed to be developed at a density similar to the rest of the development.
As discussed when the previous rezoning was being considered, the concept plan indicates
that the proposed roads will generally follow ridge tops and avoid the wooded ravines
present on the property. However, no open space or conservation areas are proposed to
be designated on the property to protect environmentally sensitive areas or natural
features. The applicant is encouraged to consult the policies of the Johnson County North
Corridor Development Plan regarding the preservation of open space, natural features, and
wildlife habitat and incorporate these features in the preliminary plat for this property.
STAFF RECOMMENDATION:
Staff recommends that the City Council forward a letter to the Johnson County Board of
Supervisors recommending that CZ9647. a request to rezone approximately 8.64 acres
located west of Prairie du Chien Road, approximately ~A mile north of Newport Road, from
A1 to RS-3, be approved.
ATTACHMENTS:
1. Location map.
2. Concept plan.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
CZ-~/-47
! L
o :27
JOHNHON
COLiN'I'y