HomeMy WebLinkAbout1995-09-20 Info PacketCity of Iowa City
MEMORANDUM
DATE:
TO:
FROM:
RE:
September 15, 1995
Memo for Record
City Manager
Material Sent to Council and Filed Candidates Only
Copies of letters from Mayor Horowitz to:
a. Chair, Johnson County Board of Supervisors, regarding
proposed industrial park
b. Congressman Tom Bliley regarding cable TV regulations
Memoranda from the City Manager:
a. Cryptosporidium
b. Burlington Street Dam Safety
c. Pending Development Issues
d. Bike Trail/Iowa River Power Dam
Copy of letter from the Director of Planning and Community Developmentc~>
regarding the Neuzil tract.
Copy of letter from the JCCOG Executive Director to the Mayor of
University Heights regarding Melrose Avenue Environmental Assessment.
Memoranda from the Department of Public Works:
a. Melrose Avenue Bridge, Maintenance of Traffic ~/~
b. Additional Street Lighting on Newly Paved Portion of ~//
Rohret Road
Memorandum from the Finance Director regarding mailing of utility bills.~/~
Copy of letter from the City Attorney regarding wearing of campaign ~A~/3
buttons during work hours.
Building permit information for August 1995. ~/~/
Copy of letter from Congressman Leach regarding the CEBG and HOME J~/5
programs.
Copy of letter from the Water Utilities Manager at The University of ~/~
Iowa regarding mercury and copper violations.
Copy of letter from the State Historical Society regarding the delistingo~/7
of the property at 521 South Gilbert.
Copy of letter from Debbra Steelman to the Animal Control Board regardingJ~Y~
a provision of the ordinance.
Minutes of the July 25, 1995 meeting of the Sensitive Areas Committee.~/~
Minutes of the July 20, 1995 meeting of the PATV Board of Directors. o~J~
Agendas for the September 14 formal and informal meetings of the Johnsono~J/
County Board of Supervisors.
Agenda for c!,~ September 21, 1995 Form. al meeting of the Board of Supervisors.
CITY OF I0 WA CITY
September 12, 1995
Charlie Duffy, Chair
Johnson County Board of Supervisors
P.Q. Box 1350
Iowa City, IA 52244-1350
Dear Charlie,
As you re(~al[ Iowa City and the County have been working on an potential Industrial Park east
of Scott Boulevard, north of Highway 6. We have appreciated the Board's efforts in achieving
rezoning of M1, Light Industrial, which is consistent with the Fringe Area Policy.
Currently the properties to the east and south, that is those owned by the Prybils and Tucker,
et. al., are zoned RS. While no proposal has been made to develop those properties, it might
be useful to the future land use of the area to seek their intent with regard to either joining the
M1 zone or a suitable "buffer" zone to preclude residential dwellings being located adjacent to
an industrial area. We believe the M1 zone is most appropriate. Would the Board consider
a County-initiated action to accomplish this? Please let me know. Thanks.
Best regards,
Susan M. Horowitz
Mayor
CC:
City Council
Director of Planning & Community Development
City Manager
actg-5 $a
410 EAST WASI'~INGTON STREET · IOWA CITY. IOWA ~2240-1826 e (319) 3~16-$000 · FAX (319) 3~6-$009
September 12, 1995
The Honorable Tom Bliley
2241 Rayburn House Office Building
Washington, D.C. 20515
CITY OF I0 W/i CITY
Dear Mr. Bliley:
As you begin work on the HR 1555/S 652 Conference Committee I hope you will be mindful
of the possible harm three major unresolved issues could have for the average citizen and the
local governments. These issues will directly and dramatically impact Iowa City's ability to
protect our local consumers, maintain our cable TV local access facilities, and promote use
of emerging communications technologies, Detailed below are Iowa City's concerns with the
video dialtone, rate deregulation and local franchising authority sections of the two bills.
Video Dialtone
Access fe s
No PEG access channels have paid for channel space to date; they generally operate on
shoestring budgets. Making them pay for access to VDT platforms would challenge their
survival. Further, cable companies cannot charge for PEG access and as such would be
subject to unfair competition. PEG channels should be provided free access to both VDT
platforms and cable systems.
VD T platforrns
In addition, many of the VDT systems being built and planned are regional rather than local
in design. PEG channels are primarily a/oca/medium and are generally of interest to the local
community, not a larger regional audience. The language stipulating FCC determination of
which PEG channels are permitted access to the VDT system assumes regional service. A
better approach would be to require all VDT platforms to have local switching capacity
enabling local communities to receive local programming.
Rate derequlation
HR 1555 and S 652 both deregulate the cable programming service (or expanded basic) t~er.
HR 1555 at Sec. 202 (d-f) permits the FCC to review consumer rate complaints only if 5%
of allsubscribers formally file complaints. S 652 at Sec. 203 (b) (2) allows review only ~f such
rates "substantially exceeds the national average."
I beheve neither of these approaches will protect subscribers from abuse. Under the House
bill approximately 1000 Iowa City subscribers would need to formally file complaints before
the FCC could take steps to protect our public. Th~s is not a realistic expectation. The Senate
language will also fail to protect consumers. It is not clear just how much above the national
average is considered "substantial". Further, a rate increase by only a few of the largest
multisystem operators could significantly skew the national average.
The aim of both bills is to limit the FCC from protecting consumers from monopoly power. But
competition does not, and will not, exist for many years to come, either in Iowa City or most
of the rest of the nation. Both bills subject consumers to deregulated monopoly power in the
period before competition has a chance to emerge. Given such a scenario and the consumer
backlash from which the 1992 Cable Act grew, I urge members of the conference committee
to devise an effective procedure for protecting consumers from an uncompetitive marketplace.
Local franchisinq authority
Finally, I want to express support for the ideas incorporated in the Stupak and
Bailey-Hutchison amendments regarding local authority. The views expressed by the House
and Senate reinforce our view that it is incumbent upon local governments, as trustees of
public property and rights-of-ways used by private commercial enterprises, to establish
reasonable arrangements for their use on behalf of the public.
Some of the issues, however, were not adequately addressed and were apparently left for the
courts. Both the House and Senate bills forbid local governments from franchising the
telecommunications activities of cable companies, yet telecommunications providers may be
required to secure a franchise in some states. This leaves open charges from
telecommunications providers that cable companies providing telephony will have a
competitive advantage. The better solution would be to permit local governments to franchise
all aspects of both telecommunications providers and cable companies.
As you work towards resolving HR 1555 and S 652 I hope you will hold close at heart the
interests of average citizens and local governments.
Thank you for your time and consideration. Please feel free to contact Drew Shaffer at
319-356-5046 if you have any questions or request any additional information.
Sincerely,
Susan M. Horowitz
Mayor
City of Iowa City
Date: September 14, 1995
To: City Council
From: City Manager
Re: Cryptosporidium
The water-borne microbe of Milwaukee fame has surfaced as a major issue in the Congressional
debate over reauthorization of the Safe Drinking Water Act. CBS recently did a story on a crypro
outbreak at a children's camp in Gainesville, Florida. They rehashed the Milwaukee story and
the failure ~)f conventional treatment. Las Vegas also apparently had a crypro outbreak, In Walla
Walla, Washington, water customers flied a federal lawsuit concerning crypro.
I think we can expect more public debate about crypto.
bC4-1SA
City of Io'wa City
Date: September 12, 1995
To: City Council
From: City Manager
Re: Burlington Street Dam Safety
On the request of the Johnson County Sheriff, we developed a mechanism to warn those fishing
downstream of the dam and hopefully reduce the likelihood they would get too close to the dam.
Larry Wilson of the University of Iowa has reviewed the mechanism and finds it unattractive and
cannot recommend University support. NNW is currently developing another concept that will
have a lower visual impact.
Much of the effort on this project has been satisfying the University's concerns. Since they are
the owners of the dam and also have the greatest interest in the means by which protective
measures are implemented, I would like to request the University to assume the lead role in this
effort. I have asked Rick Fosse to discuss this with University officials. We are spending our
local resources on a University-owned facility and I would hope they would assume the
responsibility to make it safe and attractive.
CO:
Chuck Schmadeke
Rick Fosse
City of iowa City
DATE: September 12, 1995
TO: City Council
FROM: City Manager
RE: Pending Development Issues
An application submitted by Dave Ed Limited to rezone approximately
25.07 acres located south of Melrose Avenue, east of Highway 218,
from RS-5, Low Density Single-Family Residential, to RS-8, Medium
Density Single-Family Residential (20.63 acres), and CN-1, Neighbor-
hood Commercial.
City of Iowa City
Date: September 15, 1995
To: City Council
From: City Manager
Re: Bike Trail/Iowa River Power Dam
We are currently proceeding with the acquisition of the Iowa River Dam near the Iowa River
Power Company restaurant. This acquisition is needed in conjunction with the siting of our new
water treatment plant. We are designing a project to rehabilitate the dam structure and would
hope to implement this project during calendar year 1996.
In conjunction with the dam rehabilitation project, we are pursuing with the City of Coralville an
interest in a project to extend a pedestrian/bicycle trail across the top of the dam. This would
allow residents of Coralville to safely bicycle and walk between our two communities via the Iowa
River Corridor Trail. The access road needed for maintenance of our well sites could serve as
the Iowa River Corridor Trail in this vicinity.
It appears the proposed dam trail is consistent with the Coralville trail development. The trail
across the dam would facilitate an extension of a trail along the Coralville side of the river up to
Edgewater Park,
We have indicated that we are prepared to fund the rehabilitation of the dam structure, which we
estimate to cost $407,750. We have also developed a cost estimate for the extension of the trail
across the dam, which is $252,500.00. This estimate uses the AASHTO bikeway design
standards which were used by the Coralville staff for designing trails. We have proposed a 50-50
cost sharing between the City of Coralville and the City of Iowa City for the trail project.
We believe we have a couple of options to work with as it pertains to the restaurant property,
which would allow the trail to be established with little or no disruption to their property or loss of
parking. We'll see what they have to say.
IpS-2
September 11, 1995
William Meardon
Meardon Sueppel Downer & Hayes
1 22 S. Linn St.
Iowa City, IA 52240
CITY OF I0 WA CITY
Dear Bill:
Recently the Councils of Iowa City and University Heights met and discussed the potential
acquisition of the Neuzil tract for a public park. Jack and Bob Neuzil were at the meeting and
indicated to me afterwards that any inquiries concerning this property should be sent to you.
Please consider this a formal inquiry as to whether the Neuzil property is, in fact, for sale.
The property I am referring to is the 8.55 acre tract which is in west Iowa City and abuts
University Heights on two of its sides. University Heights has had an interest for some time in this
area as open space, given their concerns about development of the property and consequent
traffic on Marietta Street, Learner Court and Olive Court. As I think you are aware, these are the
only streets which provide access to this property. The Mayor of Iowa City has also expressed
an interest 'in seeing all or a portion of this property devoted to public open space.
I have been instructed to inquire of you whether the Neuzil family is interested in selling all or a
portion of this property, prior to our obtaining an appraisal. If there is an interest on the part of
the family in conveyance of this land, we will then undertake an appraisal to determine if a
purchase is feasible and appropriate from the perspective of the two municipalities. The timing
of acquisition is indefinite and, I assume, would be scheduled to meet the needs of the family. I
would appreciate a response as soon as possible, so that we may engage an appraiser promptly.
Jack requested that I send you copies of the most recent material sent to the City Council
regarding this property and pages from a recent report commissioned by University Heights to
analyze traffic signalization at Koser and Melrose. Copies of both are enclosed.
Thank you for your consideration.
Sincerel.,~.
Director of Planning & Community Development
CC:
Stephen J. Atkins
City Council of Iowa City
Don Swanson, Mayor of University Heights
Jack Neuzil
410 EAST WASHINOTON $TR£[? · IOWA CITY. IOWA $~240.1826 · 1319I 3J6-$000 · FAX IJig) 3S6-~009
Johnson County Council of Govemments
410 E VvOsh~ngton St bwa C~y./ovvo 52240
September 14, 1995
Don Swanson, Mayor
The City of University Heights
138 Koser
Iowa City, IA 52246
Re; Melrose Avenue environmental assessment
Dear Don:
The City Manager of Iowa City has asked me to make sure you have received all of the
materials given to the Iowa Ci~ City Council on September 12 pertaining to the Melrose
Avenue enyironmenta assessment/alternatives analysis. You should have the following
documents in your possession:
Environmental assessment/alternatives analysis final report (from last spring)
Draft Finding Of No Significant impact (FONSI) prepared for FHWA
Summary letter from the consultant
Please let me know if other members of the University Heights City Council would like copies
of these materials. The Iowa City City Council will be discussing a schedule for their remaining
decisionmaking activities. I will keep you apprised of that schedule once it has been
determined.
Please contact me at 356-5252 if you have any questions or would like additional information.
Sincerely,
'7-//
Jeff Davidson
Executive Director
/
Iowa City City Council . ~
Steve Arkins, City Manager
City of iowa City
Date:
To:
From:
Re:
September 8, 1995
Steve Atkins, City Manager
Rick Fosse, City Engineer
I
Melrose Avenue Bridge, Maintenance of Traffic
As discussed at the September 5, 1995 informal Council Meeting, it may be possible to
maintain traffic during construction even if the width of the roadway on the new bridge is less
than 50 feet. Pursuant to the Council's request, I have directed NNW to evaluate the minimum
width of a new bridge that will allow maintenance of two-way traffic and one-way traffic and to
investigate the feasibility of using a temporary bridge. Relative costs of each option will be
estimated. The cost of this engineering service will be on an hourly basis with a not to exceed
maximum of $4,500.00.
It is important to note that under any scenario, there will be brief periods in which Melrose
Avenue is closed to through traffic. The traffic control and staging plan will be designed to
minimize these periods.
cc: Chuck Schmadeke
Denny Gannon
City of Iowa City
Date:
September 12, 1995
To:
Steve Atkins, City Manager
From:
James Brachtel, Traffic Engineer
Re:
Additional Street Lighting on Newly Paved Portion of Rohret Road
At your direction, I have reviewed the existing street lighting along Rohret Road with
representatives from Iowa-Illinois Gas & Electric. At the present time the City has in place
street lighting at the intersection of Rohret Road and intersecting side streets. In the new
portion of Rohret Road west of the bridge over Highway 218, it appears that the newly placed
utility poles of Iowa-illinois are set so that if additional street lighting were installed on every
other pole, they would fall very nearly in sequence with the existing intersection lighting. This
strategy of placing a street light on every other pole would place a light approximately everv
400 feet along the newly reconstructed Rohret Road west of the bridge.
If this level of lighting is suitable, I will proceed to request these installations be made by
Iowa-Illinois and added to the City's billing inventory. It may be appropriate to advise existing
abutting property owners of this addition to the street lighting levels along Rohret Road. I
would leave that notification to your discretion.
It is my intent to complete e similar review of Rohret Road east of the 218 bridge upon
completion of Iowa-Illinois's relocation of its overhead power lines to determine the suitability
of their pole spacing for a similar level of lighting between the 218 bridge and Mormon Trek
Boulevard.
Should you require any additional comment or have any additional questions regarding the
street lighting issue, please don't hesitate to contact me.
City of iowa City
Date: September 15, 1995
To: Steve Atkins, City Manager
From: Donald Yucuis, Finance Director {!~.~.'"-~
Re: New Cedar Rapids Post Office permit to mail Utility Bills
Starting today, all utility bills that are mailed out will utilize the Cedar Rapids Post Office permit.
Currently, utility bills are folded and envelopes stuffed in Cedar Rapids by Graphic Resources.
Once the bills are ready to mail, Graphic Resources brings those bills to the Post Office and
they get mailed out. Previously with the Iowa City Post Office permit, the bills would go up to
Cedar Rapids to be processed. Graphic Resources would bring those bills back down to Iowa
City for processing atthe Iowa City Post Office. Iowa City Post Office then sends the bills back
up to Cedar Rapids Post Office for distribution. Cedar Rapids Post Office then sends them
back to Iowa City for mailing. To eliminate the coming back and forth from Cedar Rapids to
Iowa City to Cedar Rapids to Iowa City, on the postal end we have obtained a permit from the
Cedar Rapids Post Office and this should be a more efficient process. The City used the Iowa
City Post Office until now because we had a nine-month supply of envelopes to use up. Please
call me if you have any questions.
actg-15.dy
September 14, 1995
CITY OF I0 WA CITY
Ross Wilburn
1610 Center Ave.
Iowa City, IA 52240-6212
Re: Request for legal opinions concerning conflict of interest and First Amend-
ment/campaign buttons during work hours
Dear Mr. Wilburn:
I am in re~:eipt of your letter dated September 13, 1995, concerning questions about potential
conflicts of interest by reason of your candidacy for the Iowa City City Council, in ~ight of
your employment relationship with United Action for Youth. You also ask whether employees
of local human service agencies which receive City funds may wear campaign buttons during
their work hours.
Conflict of Interest
The relationship between Iowa City and United Action for Youth (UAY) has always been
through the form of Community Development Block Grant monies, as opposed to a City
division. Even so, if you were a successful candidate for City Council, you would clearly have
a conflict of interest when presented with an issue and asked to vote on specific funding
grants for your agency, namely United Action for Youth. However, the simple solution to this
problem is that you abstain from discussion and voting on the funding issue concerning your
employer/agency. As explained in greater detail in the enclosed memo, this rule would not
mean you would be precluded from voting on decisions which might come before you as a
City Council member and which did not concern UAY.
Campaign Buttons
The second question you ask concerns whether employees can wear campaign buttons during
work hours. This question presents a more complex series of First Amendment issues which
my First Assistant Anne Burnside is already researching. Because the campaign will begin
soon (September 22, 19951, we will get back to you as soon as possible.
410 EAST WASHINGTON STREET · IOWA CITY. IOWA 32240-1836 · (319) 3~6-}000 · FAX (319)
Ross Wilburn
September 14, 1995
Page 2
Thank you very much for inquiring ahead of time on these difficult questions, because your
timing permits my Office time to research an answer before the question becomes critical.
Cordially yours,
~an Woito City Attorney
cc: City Attorney Office Staff
City Council
City Manager
City Clerk
Assistant City Manager
Attachments
City of iowa City
Date:
July 25, 1995
To:
From:
Re:
All Department & Division Heads st" where B~
Questions concerning m~ssion
Members vote on issues dealing with the members' own outside agency or
business
Attached please find a memo which I recently prepared, in conjunction with Bey Ogren, for
the Planning and Community Development Department. Please bring this to your staff's
attention - especially those staff members who are assigned to work with specific City boards
and commissions,
Rather than forwarding this information to the board or commission, I would request that your
division or- department take it upon themselves to work with your particular board or
commission on these questions. If you wish one of our attorneys to attend any meeting to
discuss "conflict of interest," please let me know - and we will be more than happy to assist
you with such sessions. However, we would like some "fore-warning" so that we may
schedule ourselves accordingly,
CC:
City Council
City Manager
Assistant City Manager
City Clerk
City Attorney Office Staff
Attachment
City of lows City
Date:
July 24, 1995
To:
From:
Re:
Marianhe Milkman, Community Development Coordinator, Planning and
Community Development Depadment ~
Linda Newman Woito, City Attorney
Beverly Ogren, Assistant City Attorneyt~.~~
Questions concerning "conflict of interest" where Commission member votes on
issues dealing with member's outside agency
Issues:
In light of the merger of the former Iowa City Housing Commission and the former Committee on
Community Needs into a new "Housing and Community Development Commission," several
issues have been raised:
Is a Commission member who is employed by, or has some other relationship with, an
outside agency required to abstain from voting on the matter relating to their outside board
or agency?
If so, is a Commission member required to also abstain from voting on other matters, such
as funding requests that are not related to their outside agency,?
Summary of Conclusion:
The answer to your first question is "yes." A member of your newly-createc{ Housing and
Community Development Commission who works for -- or is on the board of directors for -- an
outside agency requesting City funds must abstain not only from voting on the matter, but
also from discussion of the agency's request.
The answer to your second question is "no." Based on simple arithmetic, it would be nearly
impossible to "rig" the vote for their own agency -- because the Commission member would have
to change all the votes on all the other agency requests, and do so for each voting member. In
a word, the likelihood that the many combinations and permutations of the vadous Commission
members' votes resulting in the member's "engineering" their own agency's success over all
competing agencies is remote. Moreover, requiring the Commission member to abstain from
voting on any funding requests, regardless of whether the Commission member is related
to the outside agency, simply "guts" the Commission member's authority and defeats the
purpose of their membership.
Analysis:
Statutorv Rules
A member of the newly-created Housing and Community Development Commission ("Commis-
sion") is deemed a "City officer" under Iowa's conflict of interest laws, see §364.5, Code of Iowa
(1995):
"A city officer or employee shall not have an interest, direct or indirect, in any
contract or job of work or material or the profits thereof or services to be furnished
or pedormed for the officer's or employee's city. A contract entered into in
violation of this section is void."
§362.5, Code.
There are a number of exceptions to this statutory requirement - none of which apply to your
questions. In "plain English," this statute means that a Commission member who works for an
outside agency, or is on the board of directors of an outside non-profit corporation or agency,
has a clear conflict of Interest which dlsqualifies them from voting on the matter. Moreover,
the Commission member must publicly state the conflict and their intention to abstain:
"...th~ statement of an officer that the officer declines to vote by reason of conflict
of interest is conclusive and must be entered of record."
§362.6, Code of Iowa (1995) [emphasis added].
This means that if a Commission member does have a direct relationship with one of the outside
agencies who are seeking monies from the City, the Commission member must do the following:
Announce the relationship and their intention to abstain as a conflict of interest. Otherwise,
their vote may later be disqualified under Iowa law, and render the contract or funding void
-- meaning it does not exist.
The announcement of a conflict of interest and the intention to abstain from voting must
be made publicly on the record, and entered into the minutes.
The person should not participate in the discussion concerning the application for funding
or potential contract between the City and the Commission member's own agency.
Common-law Rules
General legal principles of "conflict of interest" require that every public officer is bound to perform
the duties of the office
"...honestly, faithfully, and to the best of his ability, in such a manner as to be
above suspicion of irregularities, and to act primarily for the benefit of the
public....He is further bound to act impartially in matters pertaining to the
administration of his duties,"
63A AM. JUR. 2d, "Public Officers and Employees,' §319, pp. 896-97.
Long ago. the Iowa Supreme Court announced ~ts concern over avoiding "conflicting
obhgabons" of public officials
"'It ~s a well-established and salutary rule in equity that he who is intrusted with
the business of others [city commission business] cannot be allowed to make
such business an object of pecuniary profit to himself. This rule does not
depend on reason technical in character and is not local in its application. It is
based upon principles of reason, of morality and of public policy. It has its
foundations in the very constitution of our nature, for it has authoritatively
been declared that a man cannot serve two masters,...."'
Bay v. Davidson, 133 Iowa 688, 691, 111 N.W. 25 (1907) (emphasis added).
Clarification of Prior Legal Opinion:
As stated in a legal opinion by former Assistant City Attorney Patricia Cone-Fisher, the City
Attorney's Office found that a conflict of interest did, indeed, disqualify a Housing Commission
member from voting on issues which dealt with his agency's application to the Commission for
funds. This rule holds true whether or not the Commission member stands to gain personally
or monetarily from the City action. This means that a Commission member who acts only as
a board of directors member for a non-profit, charitable corporation and receives no salary, still
stands in What we call a "fiduciary relationship" with the not-for-profit corporation - regardless
of whether the persons serves with orwithout pay. Since "conflict of interest" rules dictate that
"one cannot serve two masters over the same matter," the Commission member is required
to abstain from voting on any matters relating to the member's outside board or agency.
However, in order to clarify pdor City Attorney opinions, this voting rule does not extend to
a requirement that the Commission member also abstain from voting on competing
matters or monetary requests not related to the outside agency unless the board
member's vote on those competing matters wpuld be decisive, which is almost
mathematically impossible, §362.6, Code.
In the case where a Commission member's outside agency requests funding from the City and
the Commission must make a recommendation on which agencies will receive funding, the
Commission member must abstain from voting on their own agency request. However,
the likelihood of one Commission member swaying all the other Commission members'
votes on each and every one of the competing requests is slim indeed. It is therefore
our opinion that the "conflict of interest" rules do not disqualify the Commission
member from voting on matters unrelated to their agency.
For example, if there were ten (10) applications and a nine member Commission, the likelihood
that one Commission member could convince all of- the other Commission members for each
and every vote on the other nine applications seems very remote. In a word. the numbers just
do not add up, and therefore do l-~ot require abstaining from voting on funding requests from
agencies unrelated to the Commission member.
As for whether the Commission member removes themselves from the room when the
Commission is discussing their own agency's request is a matter of discretion within the
Commission and the Commission chair -- although the "cleanest" way to avoid even the
"appearance of a conflict of interest" is to remove oneself from the room dudrig discussion of
one's own agency request. However, we have seen it done both ways; and if you have
4
questions regarding this particular issue, please contact us in the City Attorney's Office at
356-5030.
Conclusion
These "conflict of interest" rules are rather strict. However, it is important that Commission
members avoid voting where conflicts of interest exist, because the vote may render
subsequent Commission action illegal, invalid and void. We should therefore take every
precaution to avoid even the appearance of impropriety, see _Wilson v. City of Iowa City, 165
N.W.2d 813, 822 (Iowa 1969).
In explaining these rules to persons who serve without compensation on many pdvate agencies
in Iowa City, as well as serve without compensation on many of our City boards and commis-
sions, we realize these rules may seem harsh. However, the law is clear:
"It is the general and well-established rule that it is improper and illegal for a
member of a municipal council or othm' similar body [the Commission] to
vote upon any questions properly before such body In whlch he is
personally interested, and where his personal rights will be affected by the
vote [cites omltted]."
Se(~uritv National Bank v. Baqlev. 202 Iowa 701,709, 49 ALR 705 (1926). [emphasis
added]
We are aware that we have not answered all of your questions, but we believe we have
answered the two specific questions you have recently presented. Since the law of conflict of
interest is a very fact-based Inquiry, please do not hesitate to contact us if you have further
questions.
CC:
City Council, FYI
City Clerk
City Manager
Assistant City Manager
City Attorney Opinion File
September 13, 1995
City of Iowa City-City Attorney's Office
410 East Washington Street
Iowa City, IA 52240-1826
ATTENTION: Linda Newman Woito
SUBJECT: OPINION ABOUT POTENTIAL CONFLICTS OF 1NTEREST
Dear Ms. Woito
I hdve filed as a candidate for the Iowa City City Council elections. I work at United
Action for Youth, a private non-profit Iowa City based agency. United Action for Youth
receives money from the City of Iowa City in the form of Community Development Block
Grants. In addition, we may receive some funding which comes from general city re(,enues
(although I am not certain of the source of the other city funds). Accordingly, I would like to
know if I could get an opinion from your office about any potential conflicts of interest or areas
that I would have to abstain from voting (or discussing) should I be successful in my bid for a
city council seat.
In another matter, I have had several employees of other local human service agencies
(who also receive city funds) ask me if they could wear campaign buttons during work hours as
long as they were not actively campaigning to their clientele. I have told them that I thought they
could wear them during non-work hours, but that I would look into it.
Sincerely.
Ross Wilbum
1610 Center Avenue, Iowa City, IA 52240-6212
AUGUST 1995/
BUILDING PERMIT
!NFORMATION
CITY OF I0 WA CITY
KEY FOR ABBREVIATIONS
Type of Improvement:
ADD Addition
ALT Alteration
DEM Demolition
GRD Grading/excavation/filling
REP~ Repair
MOV Moving
FND Foundation only
OTH Other type of improvement
Type of Use:
NON Nonresidential
RAC Residential - accessory building
RDF Residential - duplex
RMF Residential - three or more family
RSF Residential - single family
MIX Commercial & Residential
OTH Other type of use
Permit Applicant name Address Type ~pe Storzes Un~t$ Valuation
No. Impr Use
BLD95-0502 TOM ~iBEP, HASk'Y 850 CAPITOL ST
INSTALLATION OF OVERHEAD DOOR
ADD NON i 0 $ 800
ELD95-0476 IOWA CITY pARY~ & 2501 S GILBERT ST
REC
CONCESSION STJ%ND FOR 2.C. GIRI~ SOFTBALL
ADD NON I 0 $ 0
ADD NON permits: 2 $ 800
ELD95-0422 A~R 625 S DODGE ST
INSTALL 3/4 BA17{S IN EACH UNIT
ADD RMF 0 0 $ 9000
BLD95-0467 SAMDY PARROT 1034 CONKLIN LN
18' X 20' TWO STORY ADDITION
BLD95-0497 WA~EN NESS 2002 MUSCATINE AVE
INTERIOR REMODEL WI77{ BEDROOM ~ GARAGE ADDITION
BLD95-0446 Yd~Hi~'Y kgJEPF~ER 1003 HIGH~O AVE
20' X 27' ADDITION
BLD95.0464 SYSTEMS ~IMITED 1133 APPLE
INTERIOR REMODEL AND EXTERIOR P, AMP
BLD95-C807 EIRBY b ROBIN
LUCKETT
12' X 36' SUN ROOM
ADD RSF 2 0 $ 44500
ADD RSF 1 0 $ 25000
ADD RSF I 0 $ 19000
1114 2ND AVE ADD RSF I 0 $ 7000
BLD95-0437 DANIEL HOLM 210 LINDEN CT
IIAREGULAR WOOD DECK
BLD95-045] C~,H1A PICKETT 1125 WEEBER CIR
11' X 12' SCREEN ~RCH
BLD95-O429 JiM MELLECKER 1522 M~JSCATINE AVE
8' X 24' SCREEN PORCH ADDITION
BLD95-0460 MIKE WELTER 1250 GUILDFORD
16' X 16' SCREE~N
BL09S-0439 BOB WHETSTINE 1721 F ST
8' X 14' ROOFED PRONT PORCH
ELD95-0493 K~L & SONYA LARSEN 309 WOODRIDGE AVE
10' X 16' HOOD DECK
BLO95-0474 C3%ROLYN CO~ON 1340 BLOOMIN~N ~
16' X 16' WOOD DECK
ADD RSF 1 0 $ 7000
ADD P-.qF 1 0 $ 6000
ADD RSF 0 0 S 5100
ADD RSF I 0 $ 5000
ADD RSF 1 0 $ 4250
ADD RSF 1 0 $ 3000
ADD RSP I 0 $ 2800
CITY OF IOWA CITY
EXTRACTION OF BUILDING PERMIT DATA FOR
CENSUS BbT~EAU REPORT
Impr Use
BL095-C434 CHOL & SONG CHOE 1550 GINTER AVE
12' X 18' WOOD DECK
ADD RSF I 0 $ 2500
EL095-0472 LINCSAY pARK 401 DOUGLASS ST
10' X 16' CEDAR DECK
ADD RSF 0 0 $ 2400
3L095-0455 ROCCO WAGNER 1761 DOVER ST
13' x 16' OPEN DECK
ADD R~F 1 0 $ 2000
EL095-0485 JAMES C GRIFFIN JR 2906 STERLING DR
14 ' X 21' OPEN WOOD DECK
ADD RSF 1 0 $ 2000
BL095-0441 DUNG NGUYEN 1648 DOVER ST
8' X 10' DECK ADDITION
ADD REF I 0 $ 1000
EL095-0469 JOHN NELSON 1119 MAPLE ST
INSTALL EGRESS WINDOWS IN BASEMENT
ADD RSF 1 0 $ 1000
BL095-0436 NElL BREDMA~ 1131 PENKRIDGE DR
12' X 18' WDO. O DECK
ADD RSF 0 0 $ 700
BL095-9450 VALERIE VEVERA 1830 I ST
12'6" X 10' OPEN DECK
ADD RSF 1 0 $ 600
BL095-0496 LEN KIRCHNER 2376 WILLOWBROOKE 5N ADD RSF I 0 $ 0
CONVERT SCREEN PORCH TO T~REE SEASON PORCH
ADD RSF permits; 21 $ 171043
BL095-0507 SUE LICHT
INTERIOR REMODEL
505 WASHINGTON ST ALT NON 3 0 $ 97000
EL095-0463 GOCDWlLL INDUSTRIES 1700 S 1ST AVE 86
INTERIOR REMODEL
ALT NON I 0 $ 50000
BL095-¢486 DR MCFARLAND 540 JEFFERSON ST ALT NON 0 0 $ 40000
INTERIOR REMODEL
BL095-C438 SEASON'S BEST LOUNGE 325 WASHINGTON ST
REMOVE WALLS AND INSTALL FOOD LINE
ALT NON 0 0 $ 20000
BLD95-$499 MERCY HOSPITAL
INTERIOR RE~4ODEL
500 MARKET ST ALT NON 0 0 $ 20000
BL095-0449 SINCLAIR 731 S RIVERSIDE DR
INTERIOR REMODEL OF GAS STATION
ALT NON I 0 $ 15000
BL095-0419 MIDWEST BLOOD BANK 32 S~3RGIS COP.~R DR
INTERIOR REMODEL
ALT NON 1 0 $ 10000
NON 0 0 $ 6000
Page- I
DAte:
From: 08/01/95
To..:
CITY OF IOWA CITY
EXTRACTION OF BUILDING PE~IT DATA FOR
CENSUS BUREAU REPORT
No. I~pr Use
BLD95-0506 ~HO~ COLBY ~ 1025 ROCHE~ER AVE
REMOVE $T(~P$ ~ REPLACE
ALT NON 1 0 $ lS00
ALT NON 0 0 $ 500
;%LT NON permits: 10
$ 260000
BLD95-0475 DON BODENSTEIb~R 821N DODGE ST
CO~B/ERT A~'~AC~EO G~b%GE ~ LIVING ROOM
ALT RDF 1 0 $ 1080
ALT RDF permits: 1 $ 1000
BLD95-0454 EAPJ~ YODER CONST 21 N JOHNSON ST
RESBINGLE APAR~4EN~ BUILDING
ALT RMF 0 0 $ 15000
BLD95-0894 PHI BETA Pl
FRATERNITY
WINDOW REPLACEMENT
I09 RIVER ST ALT RMF 0 0 $ 15000
BLD95-0447 KSK ENTERPRISES 461 HIGNWAY I WEST ALT RMF
RE~DEL I-3 BEDRO~Ap;~I~ ~ 2-1BEDRDOM~4D ~ EFFICIENCY
BLD95-0456 IOWA ACACIANS C~RP
INTERIOR REMODEL
0 0 $ 6000
BLD95-0490 LMp PROPERTIES
INTERIOR REMODEL
202 ELLIS AVE A3~T ~ 0 0 $ 2000
ALT RMF 0 0 $ 1000
ALT RMF permits: S $ 39000
415 MORMON TREK BLVD
ALT RSF 0 0 $ 9000
BLD95-8459 T~4 KENNEy 1825 HOLLYWOOD BLVD
CONVERT BASEHENT STORAGE TO HABITABLE SPACE
ALT RSF 0 0 S 5]33
BLD95-0443 HEPJ4AN GOOD 530 CHURCH ST
REPLACE SHED ROOF OVER BA~EMEN'T STAIRS
ALT RSF 1 0 $ 5000
BLD95-0440 HERBERT & BEA~7~ICE 707 KIM~.L AVE
DAVIS
CONT;ERTING $CT~EEN POR(J4 TO TNREE S~ON POR~
ALT RSF 1 0 $ 4400
BLD95-9470 MIKE & JULIE ]592 VISTA PgK DR
HOMEWOOD
12' X 16' SCREEN PORCTd OVER EXISTING DECK
ALT RSF 1 0 $ 2500
BLD95-048Z GERJ~ WEISE 2355 .JESSUP ClR
CONVERT COLD STORAGE IN'TO BEDROOM
0 $ 2O00
Oa~e: 09/12/95
No. Impr Use
BLD95-0421 MARK RENOLDS 1537 PRAIRIE DU CHIEN RD
INSULATE BASEMENT W{%LLS
ALT REF 1 0 $ 1500
BLD95-0488 335 PARTNERS 612 N DUBUQUE ST ALT RSF
REMODEL ATTIC INTO HABITI%BLE SPACE (SLEEPING R0~ A~ CLOSET)
3 0 $ 1000
BLD95-0448 LINDA V MUIR 1009 WEEDER ST ALT RSF 0 0 $ 700
INSTALL NEW ANDERSEN CP3535 PICTURE WINDOW IN DINING ROOM
ALT RSF Dermi~s: 9 $ 31433
BLD95-0489 GENE gROEGER UNKNOWN GP, D OTH 0 0 $ 0
E~T HILL SUBDIVISION/ WEST OF OAKES ME~N ADDITION
GRD OTH permits: 1 $ 0
BLD95-0395 80YD CROSBY' 122 STEWNS DR
5,220 $F WAREHOUSE
BLD95-04S8 CAROUSEL MOTORS 809 RIGHWAy 1 NEST
42' X 161' MINI STORAGE UNITS
NEW NON 1 0 S 95000
NEW NON I 0 $ 45000
MEW NON permits: 2
$ 120000
BLD95-0445 WAYNE MA~ 1122 H~PTON CT
7' ~IGH FENCE IN R~R YARD
MEW OTM 0 0 $ 2000
NEW (Y~H permits-
$ 2000
BLD35-0465 HL~RRT RU~ELHART
DETACHED GARAGE
314 DAVENPORT ST NEW RAC 1 0 $ 8000
SLD95-0503 DAN ]'u]BS 724 FAiRChILD ST
24' X 24' DETACHED GARAGE
BLD95-0452 JOHN MILLER 2809 M~3SCATINS AVE
12' x 26' DETACHED CARPORT
BLD95-0492 STEVE %~VERA 1006 N DODGE ST
30' X 50' DETACHED OARAGE
NEW RAC 1 0 S 7800
NEW RAC I 0 S 4000
NEW RAC 3 0 $ 2500
NEW RAC permits: 4 $ 22300
SLD95-0402 V.C. PATEL 60 K~NNEDY PAJiI~AY
NEW RSF 2 1 $ 323219
~W RSP 2 1 $ 292584
Oa:e. 09/12/95
From: 08/01/95
To. : 08/31/95
!.
Impr Use
NEW RSF 2 1 $ 198324
BLD95-0496 RUPP BUILD3NG 425 BU~EP~TJT
S.F.D. WITH THREE CAR GARAGE
NEW RSF 1 i $ 175634
BLD95-0491 MCCRE-~DY-TAY~R 4760 C~L~LER
S.F.D. WI~4 THREE CAR GARAGE
NEW RSF I I $ 183888
NEw RSF 2 1 $ 151039
BLD95-0482 HID~ND HOME, INC 1615 DICKENSON LN
S.F.D. WITH TWO CAR G~GE
0LD95-0481 MIDLAND HOME 3NC 1604 DICKENSON LN
S.F.D. WITH ~"dO CAR GARAGE
NEW RSF 2 1 $ 116649
BLD95-0473 GALOR-BON%~P. AGER
NEROOF BUILDING
1030 E COURT ST REP P~,F 0 0 $ 3500
BLD95-0428 C.J G. RENT;LLS 702 WASHINGTON ST REp RMF 0 0 $ 2000
REPLACE EXISTING ELEVATED SIDEWALK
BLD95-0462 DERRICK ABROMEIT
PORCH RESTOP, ATION
625 S GOVERNOR ST REP RSF 1 0 $ 2000
BLD95-0466 ROBERT BROKKE 3068 MUSCATINE AVE REP RSF I 0 $ 1700
DECK REPLACEMENT
PEP RSF permits- 2 $ 3700
TOTALS 9 $ 2322414
F.'.: ""'-:' SEP ::
U.S. HOUSE OF REPRESENTATIVES
COMM~'[?EE ON BANKING AND FINAF~C~AI. SERVICES
Ok'[ HUNDRED ,~OURT~{ COF~GRE$$
2129 RAYSURN HOUS£ OFFIC~c ~UILDING
WASHINGTON. DC 20515-6050
August 17,
Mr. Stephen J. Atkins
City Manager,
City of Iowa City
410 East Washington Street
Iowa City, IA 52240-1826
Dear Mr/: ~~9~
Thanks for your letter concerning
Block Grant (CDBG) and HOME programs.
programs and would oppose any effort
Fortunately, as evidenced
Subcommittee action, the FY
HOME programs will remain 'at
1995
the Community Development
I strongly support these
to reduce their funding.
by recent VA/HUD Appropriations
1996 appropriations for the CDBG and
FY 1995 levels.
The Subcommittee on Housing and Community Opportunity, under
the Chairmanship of Congressman Rick Lazio, is in the process of a
complete review of the Administration's proposal to restructure the
Department of Housing and Urban Development (HUD) and it programs.
CDBG has been one of the few successful HUD programs since its
creation in 1974. Looking forward, the CDBG and HOME programs can
serve as models on which we can base much of our efforts to reshape
the way the federal government helps A~erican communities more
effectively serve their citizens.
Again, thank you for expressing your concerns. Please do not
hesitate to contact me if you have any comments or further
suggestions.
JAL:sc
Sincerely,
J Leach
ChamPiOn
THE UNIVERSITY OF IOWA
September 6, 1995
Mr. David Elias
Wastewater Treatment Division
City of Iowa City
410 East Washington Street
Iowa City, IA 52240
Re: Mercury and Copper Violations at Iowa City Wastewater
Treatment Plants # 6-52-25-0-01 and 6-52-25-0-02
Dear Mr. Elias:
The purpose of this letter is to notify you and the Iowa Department
of Natural Resources that the replacement of 97, University of Iowa
Chemistry building drain traps, as discussed in our letter of July
25, 1995, was completed pr~or to September 1, 1995.
One of the 97 traps replaced showed visible evidence of elemental
mercury contamination. The contents of all traps replaced were
collected for proper disposal by the University Health Protection
Office. As mentioned in our letter of July 25, the University will
continue laboratory waste disposal procedures that do not permit
disposal of mercury wastes to the sanitary sewer.
If you requir~ additional information, please give me a call.
Sincerely,
Kenneth E. Lloyd, P.E.
Water Utilities Manager
14-0547 de5249
CC.
Paul Brandt, IDNR
Charles Schmadeke,
Garry Bleckwenn
George Hoiiins
Jim Howard
Drew Ives
George Klein
Jim Walker
IC
Water Plant
I00 Physical Plant Office
Iowa City, Iowa 522a2-1000
3 ~ 9/335-5108
Sfa e Historical Sode of Iowa
The Historical Division of ~he Department of Cultural Affairs
September 6, 1995
The Honorable Susan M. Horowitz
410 E. Washington Street
Iowa City, IA 52240-1826
M. T. Close and Company Flaxseed Warehouse, 521 South Gilbert, Iowa City,
Johnson County (DELISTLNG)
Dear Mayor Horowitz:
The above named property, which is located within your community, wa~elisied~rom the
National Register of Historic Places effective August 15, 1995.
Should you have any questions about the National Register of Historic Places, or about this
nomination in particular, please feel free to contact Dr. Lowell Soike at the Historical
Building, 600 E. Locust, Des Moines; Iowa, 50319, or by calling (515) 281-3306.
Sincerely,
National Register Coordinator
402 Iowa Avenue
Iowa City, Iowa 52240-1806
tq191 qqq-q916,
[] 600 E. Locust
Des Moines, lowfi 50319-0290
¢515)281-6412
[] Montauk
Box 372
Clermont, Iowa 52135-0372
RLO:,/.i','.,.:d .;,:,-' 1.5 i995
September 13,1995
109 Shrader Road
Iowa City, IA 52245
Animal Control Advisor Board
Department of Animal Control
City Of Iowa City
Civic Center
Iowa City, IA
Dear Sir:
I am writing in reference to Iowa City Municipal Code,
Section 8-4-6. Specifically, I am concern with the
provision of this section that states maintain the
at the above address in such a manner as not to endanger
life or limb of any person or inhibit legal entry onto the
property."
I was cited for having my dog tether next to the back/side
door. I called the D~partment of Animal Control and the
City Attorney's office and questioned this citation· I was
told by both offices this was so the police and/or fire
departments would have access to both doors, in an emergency
situation.
I was also told that if the yard was fenced, access was
restricted and the dog could run free. This was the legal
way to restrict access to a door. In an emergency
situation, does this mean that they would not use that door
because the homeowner was attempting to restrict access, or
that the dog inside a fence was less of a threat than one
who is chained by a door. If I can afford to build a fence
I can restrict access to any door, but if I can't than I
must allow access to all doors, is this fair and reasonable?
As a single parent, one of the reasons for having a dog is
to deter entrance into my home. As long as there is access
to one door, the mail gets delivered, the garbage picked up,
the meters read, why must I allow access to all doors?
don't want everyone having access to all the doors in my
home.
I find it hard to believe that I am suppose to walk to the
middle of my yard to chain the dog up, every time the dog
wants to go outside, because of an emergency that might
occur~ In the middle of an Iowa winter, the dog doesn't
even want to go out, but I must put on coat, boots, etc. to
let the dog out of my own home, because I'm restricting
access to my door if the dog is tethered beside the door.
I fail to see the relevance of this code, for private
housing. I think you are interfering with the day to day
existence of people in favor of an emergency that. may or may
not occur. I also question, whether my rights as an
individual, on private property, are being infringed on.
Thank you for your time and consideration in this matter.
Sincerely Yours,
Debbra Steelman
Copies of this letter
Karen Kubby
City Council
MINUTES
IOWA CITY SENSITIVE AREAS COMMITTEE
TUESDAY, JULY 25, 1995 - 11:30 A.M.
LOBBY CONFERENCE ROOM
MEMBERS PRESENT:
Dick Hoppin, John Moreland, Jr., Sandy Rhodes, George Starr,
Bill Frantz, Tom Scott, Beth Hudspeth
MEMBERS ABSENT:
Jessica Neary
STAFF PRESENT:
Bob Miklo, Melody Rockwell, Dennis Gannon, Scott Kugler,
Charlie Denney, John Yapp
CALL TO ORDER
Miklo called the meeting to order at 11:38 A.M.
DISCUSSION OF THE JUNE 20, 1995 MINUTES
Rhodes asked about the discussion noted on page 3 of the June 20, 1995 minutes, about why
the City stopped collecting garbage on alleys. Miklo said it was because the City does not want
to pay the cost of maintaining the alleys. Garbage trucks cause more wear and tear on the
pavement. Public Works also wants to be consistent, and collect garbage on the street
everywhere in town. Scott said Public Works quit collecting garbage in the alleys the same
time they quit plowing alleys. Rhodes said that there is a conflict if the this ordinance promotes
using alleys for garbage pick-up, and the City refuses to pick up the garbage on the alleys.
Rhodes said that on page 9, the width of a buffer for a wetland which is not mitigated should
be 150 feet, not 100 feet as the minutes show. Kugler concurred.
Starr moved and Hoppin seconded the motion to approve the June 20, 1995 minutes as
amended, and the motion carried unanimously.
DISCUSSION OF PUBLIC COMMENTS RELATING TO THE ORDINANCE
Miklo noted a few community groups have met with Committee and staff members, and have
had the chance to review and make comments on the ordinance. These groups include the
Neighborhood Council, Environmental Advocates, and the Homebuilders Association, as well
as the Joint Staff of the City Departments.
Kugler went over the comments made by Enwronmental Advocates. They requested that a
Sensitive Areas Map be put on display at the Public Library, they questioned the effectiveness
of staff being able to enforce the ordinance, and they questioned the ability to protect
environmental features which are not yet identified and are not on the map.
Rhodes noted there was a Sensitive Areas Inventory Map in atlas form at the library already.
Kugler said the group wished to have the map on display so everyone could readily see it.
Miklo noted the staff is looking into getting the Sensitive Areas Inventory map reduced and put
on to a smaller paper so it could be distributed easily.
'Sensitive Areas Committee
July 25, 1995
Page 2
Hudspeth noted concerns that once a development is built, thers is not much to keep a person
from altering the environmentally sensitive feature in or off of their backyard. Dennay said the
same concern was raised at the Joint Staff meeting, that it might be better if the buffers were
part of some sort of easement if the buffer is part of someone's private backyard. Rhodes said
he understood that in the areas with the Sensitive Areas Overlay Zone, the buffers and the
sensitive areas would be set aside as public or private open space.
Rockwell said a protected stream corddor on private properly would need a conservation
easement. Miklo said the buffer classification would vary from property to property; protected
areas may be reserved using conservation easements, public open space, or private open
space maintained by a homeowners association. In the cases of private yards, there will be
notations on the plat and on the title to the property that the buffer should not be disturbed.
Miklo noted it will happen that someone unknowingly or knowingly will encroach into the part
of their yard that falls under an easement, but on the larger scale, the sensitive areas will be
preserved. Miklo said staff researched one community that used a signage program to raise
awareness of their wetlands. They posted signs on the wetland trails that noted the
environmental features of the wetland.
Scott said the classification of the buffer depends on what sort of environmental feature it is.
To try to write regulations that cover every possibility, however, would be next to impossible.
There has to be some self-policing and administrative review of each case.
Hudspeth said she is concerned about getting the information out to the public about the value
of the environmental areas not only now, but continually in the future. She said she ~s worded
that as a property is sold three or four times, the subsequent owners may not know about the
buffer area on their property and how to treat it. Rhodes said he is worried about education
with respect to stream corridors. People do not understand what it means to have part of their
backyard as a stormwater detention basin, or a stormwater flowage way. He said the people
living on Abbey Lane complain continually about the stormwater problem. Rhodes said the only
way around this is to have the buffer clearly not be on their properly.
Scott said people may claim ignorance, but it is stressed on their title that part of their properly
is a stormwater detention basin. Scott said it might be possible to have a conservation
easement along stream corridors, which is a little bit stronger than just showing the stormwater
detention area on the plat.
Moreland said one of the things you have to look at is to let the people who get the benefit of
a piece of land pay for the maintenance of it. It is difficult to have everyone m a homeowners
association chip in and pay for the maintenance of land that only a few benefit from. The
easements are on every title. There has to be some personal responsibility as to what a
property owner can and cannot do within the easement.
Miklo said it is in the monitoring and enforcement of the ordinance where the preservation of
the buffers is emphasized. Miklo said the classification of the buffers will occur on a case-by-
case basis. Sometimes they will be easements maintained by the properly owner, and
sometimes they will be dedicated to the public.
Moreland asked how much land the City was willing to take on and maintain. Gannon said a
problem is already occurring with people living along creeks and wanting the City to come and
stabilize their creekbank when it begins to erode toward their property. Rhodes said if the
'Sensitive Areas Committee
July 25, 1995
Page 3
stream corridor buffer were an adequate width, people would not have to worry about it
encroaching on their property. Gannon said it would not matter how wide the buffer was,
people would still want their bank stabilized. Moreland said it is important not to legislate an
ordinance that will cost the taxpayer money. The people enjoying the open space should pay
more for the maintenance of the property than the average taxpayer.
Miklo went over the comments raised by the Environmental Advocates, listed in the July 25
packet. Hudspeth said she felt the concerns which were raised would be coming up again and
again during the public hearing process. Hudspeth said a lot of people thought the stream
corridor protection was too weak, especially in the floodplain areas. Scott said under current
law, you can develop in the floodplain. Unless the City were willing to purchase the floodplain,
there would be a legal problem in prohibiting development on it. The City is not allowed to
deny all reasonable use of land, even on the floodplain. Denney noted that there may be
amendments to the floodplain ordinance. Scott asked if the 100-year floodplain boundaries
have been revised since 1993. Miklo said FEMA and the U.S.G.S. are in the process of
revising the floodplain maps.
Miklo went on to talk about the comments from the Neighborhood Council meeting. Rhodes
said there was a strong opinion that the stream corridor protection was inadequate, both in the
development areas and for the properties downstream and upstream from the development
areas. Rockwell noted a concern was raised that people living downstream from a developing
area would not receive adequate notice 'about the development, and would not be able to voice
their opinion. Scott said when the public hearings are packed with people, there is not much
concern that there has not been adequate notice. The concern comes when there is a
controversial issue and only two or three people show up to speak.
Rhodes asked why the City used 200 feet beyond the boundaries of the property as the notice
area for rezoning applications. Rockwell answered that 200 feet was required by State Code.
Rhodes asked if the City could not go beyond 200 feet, as 200 feet is not even a city block.
Miklo said now that the City has a Neighborhood Services Coordinator, there does not seem
to be a problem getting information out to the public. Scott agreed that the neighborhood
groups and the Office of Neighborhood Services have really helped in getting information out
and in getting people involved. Scott said the only concern is when there is an issue and no
one shows up at the meeting. He said the Planning and Zoning Commission and the Council
usually defer action on an item if it is obvious more public notification is necessary. Moreland
said it can be hard to mail a letter to everyone for every zoning issue, especially in apartments.
He said a well placed sign could notify just as many people far more cheaply than having to
mail letters. With a sign, everyone interested will read the sign and pass the information on to
their neighbors.
Rockwell noted the staff received a letter from the Homebudders Association. She said it
seemed to be a general letter; it did not contain specific suggestions for changes to the
ordinance. Moreland said he has suggested that interested Homebuilders Association
members should come to the public hearing. Moreland said it seems a little hypocritical of the
Council to state they want to promote affordable housing, and then say they want an
environmental protection ordinance which will increase the cost of development by adding more
regulations. Miklo went over the four concerns listed in the Homeowners Association letter.
In answering the four points in the letter, Miklo noted that many developers are already hiring
"environmental specialists" to deal with their developments. There will be situations when a
Sensitive Areas Committee
July 25, 1995
Page 4
developer will have to hire some expertise because of this ordinance. Moreland said the
problem arises when you have to hire someone with a certain expertise and there are very few
of those people in the area, and you get over-charged. Denney noted that some local
engineering firms are already training people for wetlands delineation. Scott said the market
will take care of supplying the experts. Scott said if you have sensitive environmental features
on your land, it will cost more to develop it. He said you are not going to affect low to moderate
cost housing developments on environmentally sensitive land, because that land is better suited
for large homes with large amounts of open space.
Miklo noted in reaction to comment t¢2 on the Homebuilders Association letter that staff is
working on amendments to other sections of the Code to make them consistent with this
ordinance. Scott said that Rockwell's memo on the amendments to the Code should probably
be sent to the Homebuilders Association.
Scott said that comment #3 in the Homebuilders Association letter is always a criticism of every
proposed ordinance, and he thinks this ordinance is neither lengthy nor unreadable. Scott said
it is a red herdng to say that every ordinance is too long and complicated. Miklo noted that this
ordinance is an attempt at a compromise between environmental protection and development
concerns.
Rockwell went over the comments made by the joint staff, listed in the July 25, 1995 packet.
The Committee agreed to every change proposed by the Joint Staff except for the following:
After some discussion on the problem with language in section 3al on page 8, the Committee
reached consensus on the language "...the property owner shall be responsible for providing
a delineation of the wetland area(s) prepared by the Army Corps of Engineers, or a delineation
accepted and approved by the Army Corps of Engineers...
In section 3c3, Rhodes disagreed with adding the words "to limit sedimentation" to the
beginning of the sentence. He proposed adding the words "to mitigate the impact of
development." Rhodes argued that erosion causes much more than sedimentation, such as
erosion, chemical contamination, and things other than sedimentation. Rockwell said the City
Engineer wanted a statement as to what was being controlled by prohibiting the direct
discharge of surface water into a wetland. Kugler said he attended a conference on wetlands,
where it was noted that sedimentation was the largest problem with the direct discharge of
water into a wetland. Rhodes said that it was clear from the rest of the paragraph that we are
addressing more than just sedimentation. Gannon said it would be difficult to keep stormwater
out of a wetland, especially in an area like VVhispedng Meadows, where all the surrounding
land is on the same grade. Scott proposed combining the two proposed phrases to say "To
mitigate negative impacts from development and to limit sedimentation..." The Committee
agreed.
There was discussion on the suggestion by Joint Staff to reduce the replacement ratio when
there is approved wetland enhancement to a ratio of 1:1 under Section 462 as well as under
463. Kugler noted that at the conference he attended, there was a general opinion that
smaller, strategically located, high quality wetlands may be more valuable than a larger, low
quality wetland. Rt~odes said he was reluctant to accept something like this, because we will
not know until 10 or 15 years after a wetland has been "enhanced" whether or not it really has
been enhanced. He said he was reluctant to allow a 1:1 replacement ratio. Moreland said it
may be better to leave the replacement ratio up to the wetland specialist who is hired, and not
Sensitive Areas Committee
July 25, 1995
Page 5
have a strict replacement ratio. Scott noted that if you leave the wetland alone, you will not
have to replace it. He suggested leaving the 2:1 ratio in the ordinance, and if it causes
problems in practice, to revise it at that time. The Committee agreed.
Rockwell asked about reducing the replacement ratio to 0.5:1 for low quality wetlands. She
noted that the Committee had never reached consensus on that ratio. Miklo noted that Section
463 was an incentive to enhance already existing wetlands. Rhodes said that since low quality
wetlands were the rump end of wetlands, he could agree to the 0.5:1 ratio.
Rockwell went over the proposal by Joint Staff to make Section 4c5, regarding compensatory
mitigation, more understandable and practical. Rhodes said he thought it was already
understandable, and that he would like to see the proposed changes before he could agree to
anything. Miklo asked if it was acceptable to come back with proposed language at the work
session with the Planning and Zoning Commission and the Riverfront and Natural Areas
Commission work meeting. Rockwell noted that one suggestion was to change the phrase
"wildlife use" to "wildlife presence" because the presence of wildlife is much easier to quantify.
Scott said it was alright with him to go ahead and rewrite this section and propose it as a
language change at the joint Commission meeting.
Rockwell went over the suggestion by Joint Staff to require a performance guarantee for
compensatory mitigation. Rhodes asked what a performance guarantee was. Rockwell said
the developer puts up money to ensure the project will be satisfactorily completed. Moreland
said it was a performance bond. Scott said it would be difficult to find a company to write a
bond for environmental requirements. Moreland agreed that when it comes to environmental
regulations, it is next to impossible to find a bank or bond company willing to write the bond.
Frantz said that even a letter of credit would tie up your finances and hamper your ability to
borrow money. Rockwell said staff would not include the section specifically requiring a
performance guarantee for compensatory mitigation.
Rhodes said, in relation to the proposal by Joint Staff to add streambank stabilization as a
permitted use in Section M if the stream corridor buffers were large enough, the City should not
have to stabilize streambanks at all. Also, he said streambank stabilization is covered in
Section D1, which states "Grading, removal, or other activities required for emergency
situations involving immediate danger to life, health, and safety, or which create an immediate
threat to property or create substantial fire hazards." He said he did not think streambank
stabilization should be included as a permitted use. Rockwell noted that the suggestion to
~nclude streambank stabilization came from the Public Works Department. which felt it was
~mportant to give property owners the option of stabilizing their streambanks. Moreland said
he was in favor of including streambank stabilizing as a permitted use. Gannon noted that
people call the City all the time to have their bank stabilized.
Starr noted that perhaps we are just duplicating the language that streambank stabilization is
allowed, because it is already allowed under Section D1. Moreland said the average person
would not interpret Section D1 to mean they can stabilize their streambank, and it should be
mentioned as a permitted use. Denney noted that under Section D1, streambank stabilization
would be allowed only in emergency c~rcumstances where property was being threatened, but
if it was included as a permitted use ~t would be allowed outright Moreland sa~d it should be
put in to make it clear that it is allowed. Denhey noted that ~f the buffer is wide enough,
concerns about streambank erosion would be reduced. Rhodes said if we are worried about
the streambank eroding, we are perhaps not allowing an adequate buffer.
Sensitive Areas Committee
July 25, 1995
Page 6
Scott said the activities allowed for emergency circumstances imply a taking away of land
rather than an adding to land, and for that reason interpreting streambank stabilization from
Section D1 was somewhat vague. He said streambank stabilization should be ~ncluded as a
permitted use for the sake of clarity. Scott said every year he sees trees and soil erode into
the river, and that if the erosion were threatening someone's properly, they should be allowed
to stabilize the streambank.
Rhodes noted although trees erode into the river, soil deposits on the other side along the
meanders, seedlings sprout up, and new trees are born. The river is a dynamic system. He
said he is afraid if we allow streambank stabilization as a permitted use, we will be turning the
major drainageways into concrete and rip-rap lined ditches. Gannon asked how we would
answer the people who complain to the City that they are losing their yards year after year, and
say the City won't let them do anything about it. Frantz asked if the type of stabilization had
to be approved by the City. Rockwell said that if it is in the floodplain, a floodplain development
permit is required.
Gannon said the Engineering Division usually recommends using rip-rap rather than concrete
blocks because soil can erode around and under concrete blocks, making them ineffective.
Gannon said they have not seen any pouring of concrete into the channel Rhodes asked
about the concrete vertical walls put in at East Benton and Gilbert. Gannon said he would have
to see the concrete walls. Rockwell asked if there was consensus on whether or not to include
streambank stabilization. Scott asked if we could define what stabilization was used. Rhodes
said he will reluctantly accept adding streambank stabilization though he believes there are
much more attractive and beneficial ways to stabilize a streambank than concrete blocks and
car bodies. Gannon said Engineering does recommend that people use rip-rap and/or
vegetation with deep roots.
Miklo noted he had received a suggestion that language be included on page 28 to the effect
that if commercial buildings are built in these neighborhoods, they should be of a similar scale
to the rest of the neighborhood. Scott asked if commercial buildings in these neighborhoods
would require a CN-1 zoning. Miklo said most of the time commercial buildings would be in a
CN-1 zone, but they could also be approved as part of a Sensitive Areas Development Plan.
Miklo noted that the current OPDH zone has similar language about allowing commercial areas,
but it has never been used. Scott clarified that under the current OPDH, a commercial area
could be approved as part of the rezoning, but it did not necessarily have to be zoned CN-1.
He said this was about the same thing being proposed for this ordinance, and he did not have
a problem with it.
Gannon said Joint Staff would have to discuss the performance guarantee provisions in Section
P. Rhodes asked if it would be possible to have the performance guarantee tied to a certain
percentage of planting successes, and have the money set aside for replacement plants if the
first plants do not take. Rhodes said the actual engineering of the replacement wetland was
perhaps unbondable, and the money would be tied to the success of the plant life. Scott said
there would simply be too many problems with obtaining a performance bond for environmental
regulations He said it would be easier to obtain a performance bond when it is quantifiable
what the money is going for, such as the number of plants which have to be replaced.
Sensitive Areas Committee
July 25, 1995
Page 7
DISCUSSION OF THE UPCOMING SCHEDULE
Miklo went over the proposed schedule. He noted there is a public meeting scheduled for
August 21 with the Planning and Zoning Commission and Riverfront and Natural Areas
Commission. He said August 10 is the date proposed for the work session. He said it is not
necessary for the Committee members to come, but they are strongly encouraged to do so,
especially for the formal public hearing on the 21st of August. Scott said he hopes everyone
will be able to come to the meeting on August 21.
The Committee agreed to the work session on the 10th of August, 1995, and most members
said they would be able to come to the formal public meeting on the 21st of August, 1995.
Moreland asked if the meeting on the 21st of August would be the first chance for the public
to comment on the ordinance formally. Miklo said yes.
Miklo noted the survey compiled by John Yapp on other communities with environmental
regulations. He said some of these communities indicated the need for more staff to
successfully implement the regulations, especially for the monitoring and enforcement process.
Scott noted that the staffing question was not up to this Committee. Miklo said the question
about staff will come up, and from looking at the experiences of other communities, it sounds
like more staff will be needed. Gannon said that even with the existing Grading Ordinance and
the Site Plan reviews, the Public Works Department is already stretched to its limits.
Scott asked if with the stream corridor provisions, we were introducing any negative impacts
on the ability to install a stream trail system in the Iowa City area. Rockwell answered that
trails are a permitted use. Scott said that the thing that comes up again and again in all the
articles staff is providing them is the use of narrower streets.
Meeting adjourned at 1:32 p.m.
Minutes submitted by John Yapp
mtns',sac7-25
APPROVED
Minutes
PATV Board of Directors
Thursday, July 20, 1995, in Classroom 1 of the Iowa City/Johnson County
Senior Center
Present: Doug Aliaire, Greg Easley, Derrick Honore, Derek Maurer, Maureen
McCormick, Scott Murray, and Steve Wurtzler
Staff: Ren6 Paine, Sarah Dandelles, Matthew Thomas, and Mark Weills
Library: Beth Fisher
Absent: Vicky Grube
Call to Order:
Aliaire called the meeting to order at 7:03 p.m.
Board Announcements:
Wurtzler noted the Board will need to choose a new treasurer upon Honore's
departure; also, Larry Quigley's resignation leaves the Outreach Committee
chairmanship vacant.
Reports:
[3TC: Betty McKray, newly appointed to the Broadband Telecommunications
Commission, reported that the commission did not meet last month. She
understood the City and TCI had scheduled at least one negotiating session in
the near future.
LIBRARY: Fisher reported that an appraisal of the Lenoch and Cilek building
was complete, but no other details were available. Also, the Library's Internet
connection is in working order.
CHAIR: Aliaire offered his judgment that since PATV currently has the public's
attention, now would be a good time to initiate outreach efforts.
FINANCIAL COMMITTEE: Honore reported that Claire Cornell of the Ul's
Liberal Arts office is the contact person regarding the large grant application in
which PATV is participating. He said Cornell was positive about the
application's chances for approval the last time he spoke with her about it.
ADMINISTRATIVE COMMITFEE: Discussion and action regarding PATV's
prime time series programming policies was placed under Old Business.
Aliaire then brought up the subject of appointing new Board members, saying
the Administrative Committee would take the names of suggested candidates
and develop a list of nominees by the August Board meeting. Board members
suggested a number of names; also, Wurtzler suggested the Board consider
appointing a representative of the Senior Center, while other members
suggested we consider appointing someone with legal expertise such as a
lawyer, or a young person.
APPROVED
OUTREACH COMMITTEE: Maurer reported that the letter he was drafting for
local non-profit organizations, outlining the services PATV can offer them, is
finished and in the staff's hands. Board members also suggested other ideas
for outreach activities, such as sending speakers to local service clubs, high
schools, and other organizations; and submitting guest opinions to local
publications.
EVALUATION COMMITTEE: Aliaire reported the committee has not met. Paine
is currently developing a job description for the Director.
MANAGEMENT: Paine introduced Matthew Thomas, the new Workshop
Instructor; he is already getting acclimated to his new job by preparing for
upcoming Arts Center and other special workshops. Also, staff members who
attended the ACM conference in Boston in early July have submitted, or will
soon submit, reports on their activities at the conference. Also, Paine will leave
for vacation July 21; she plans to return to work Aug. 7. Also, she has collected
all the news clipping from the recent controversy regarding the July I episode of
"Exile on Stupo Street." Finally, PATV has switched Internet access providers to
enable it to develop a web site; PATV's new e-mail address is patv@avalon.net.
Old Business:
ACM CONFERENCE: Sarah Dandelles and Mark Weills presented to the
Board written reports on their activities at the Alliance for Community Media
national conference in Boston in early July. Dandelles attended workshops on
topics relating to access center management, including volunteer management;
programming schedules; rules and procedures; problems in fundraising; state-
level telecommunications policy; controversial programming and censorship;
and linking youth to media resources. She also attended the Midwest regional
meeting, a session with Iowa's ACM chapter, and the Hometown Video Festival
awards and screening. She reported being inspired by the Salina, Kansas,
public access director, who has worked there to build a fiber optic network and
excellent community relations. Weills attended workshops on using the
worldwide web; promoting progressive media; access-community
collaborations; controversial programming and censorship; and media and
"generation X." He urged the Board to consider using the worldwide web to
extend PATV's community education efforts, especially considering how many
people in our community are on line.
PRIME TIME SERIES POLICY: The administrative committee submitted a draft
policy based on work by unpaid consultant Marjorie Johnson, on the open
discussion with producers and others held June 22 in Meeting Room A of the
Iowa City Public Library, and on its own deliberations. On a motion by Wurtzler
and Honore, the Board approved the draft policy, which reads as follows:
· Prime time is from 5:30 to 10:30 p.m. Monday, Tuesday, Wednesday, and
Thursday.
· To get a prime time slot, a series producer must give two taped programs
to PATV staff. Exceptions: live series do not need any taped programs on
hand; series featuring timely commentary need only one taped program on
hand. Any series producer who has difficulty meeting this requirement is
2
APPROVED
strongly encouraged to share his or her time slot with another producer so
each runs a program in alternate weeks. PATV's Programming
Coordinator will help organize slot sharing.
· A series may have only one prime time slot at a time.
· This policy begins September 1, 1995. It will be reviewed six months
later (March 1, 1996).
· PATV will use its channel to inform viewers of this policy.
MARJORIE JOHNSON APPRECIATION: It was moved and seconded that PATV
offer a gift to Marjorie Johnson for her work on the prime time series survey.
After discussion, the Board approved offering her two tickets to the Riverside
Theatre production of her choice.
New Business:
ICON ADVERTISING CONTRACT: On a motion by Easley and Wurtzler, the
Board approved a $644 contract with Icon for six quarter-page ads.
COMMUNITY STANDARDS: Aliaire began discussion of this item by noting he
had received several comments commending PATV's overall response to the
controversy attending the July 1 cablecast of producer Ralph Barton's "Exile on
Stupo Street: Porn No. 5." He reviewed the policy changes proposed by Board
members who met informally July 7 to discuss how to respond to sharp criticism
of PATV for allowing the program to be cablecast. At that time Board members
proposed: 1) To require that prdducers or providers be identified on their
program tapes; 2) to provide the names of program producers and providers to
the public upon request; 3) to develop a program guide featuring a description
of each series listed; and 4) to require program providers to attend a Guidelines
workshop. Aliaire asked the Board to approve these measures provisionally
until exact language could be developed to implement them, prompting
discussion of whether this was an approriate way of proceeding with action on
the proposals. Maurer stated he was uncomfortable voting on the measures
before specific language had been developed, and uncomfortable voting so
quickly on policies that could have unforeseen ramifications. He said for these
reasons he would vote no if forced to act at this time. Discussion revealed,
however, that a majority of the Board was ready to act. The Board approved the
following motions:
· By Easley and Honore, to require new program providers to attend a
Guidelines workshop, and offer this workshop more often. Current
providers would be given the opportunity, but not be required, to take
Guidelines. Maurer voting no.
· By Easley and Honore, to develop a new series program guide for
public distribution that provides a short description of each series.
Unanimous.
· By McCormick and Easley, to make the names of all program producers
and providers available to members of the public upon request; this
would not include any other information, such as the producer or
provider's phone number. Unanimous.
· By Honore and McCormick, to prepare a PSA announcing the
availability of the names of producers and providers. Unanimous.
3
APPROVED
, By Easley and Wurtzler, to require that all program tapes contain the
name of the producer, provider, or contact person at beginning and end,
Maurer voting no,
The final measure sparked some discussion as to the mechanics of its
implementation. Questions as to whether it would require staff members to alter
tapes, or require program providers to perform this task themselves--and if so,
whether they would receive special training or require the purchase of
additional equipment--remained unresolved. Aliaire said he would inform the
Broadband Telecommunications Commission that the PATV Board is
considering these policies,
Adjournment:
The meeting adjourned at 9:25 p,m,
4
To: lOW CITY CLLR~
Johnson Cuunl.~
IIOWA m~
BOARD OF SUPERVISORS
Charles D. Duffy, Chairperson
Joe Bolkcom
Stephen P. Lacina
Don Sehr
Sally Slutsman
September 14, 1995
FORMAL MEETING
Agenda
1. Call to order following the informal meeting.
2. Action re: claims
3. Action re: informal minutes of September 5th recessed to September 7th
and the formal minutes of September 7th.
4. Action re: payroll authorizations
5. 9:00 a.m. - Public Hearing on Zoning and Platting Applications:
a) First and Second consideration of the foUowing Zoning
applications:
Application Z9530 of Dale Guy Gemt, Riverside, requesting
rezoning of 1.99 acres from AI Rural to RS Suburban Residential
of certain property described as being in the NE 1/4 of the NE 1/4
of Section 29; Township 78 North; Range 6 West of the 5th P.M.
in Johnson County, Iowa (This property is located on the west
side of Observatory Avenue SW, approximately 0.7 miles soath of
its intersection with 540th Street SW in Liberty Twp.).
To: I0',~ CI1¥ CttRl{ ................. r'rD~V'lb-fib'~lfig''
Agenda 9-14-95
Page 2
Application Z9531 of John DueIx, owner, Swisher, signed by Glen
Meisner of MMS Consultants Inc., requesting rezoning of 2-1.99
acre tracts from AI Rural to RS Suburban Residential of certain
property described as being in the NE 1/4 of Section 15; Township 81
North; Range 7 West of the 5th P.M. in Johnson County, Iowa (This
property is located on the west side of Curtis Bridge Road NE,
approximately 1/8 of a mile south of its intersection with Sandy
Beach Road NE in Jefferson Twp.).
Application Z9532 of Gerald Lipsuis, owner, Oxford, signed by Glen
Meisner of MMS Consultants Inc., requesting rezoning of 2-1.99 acre
tracts fi'om A1 Rural to RS Suburban Residential of certain property
described as being in the SE 1/4 of the NW 1/4 of Section 27;
Township 80 North; Range 8 West of the 5th P.M. in Johnson
County, Iowa (This property .is located on the north side of 310th
Street NW, approximately 1/2 mile east of its intersection with
Chambers Avenue NW in Oxford TWP.).
Application Z9533 of James Cooper, Solon, requesting rczoning of 2-
1.99 acres tracts from A1 Rural to RS Suburban Residential of certain
property described as being in the SE 1/4 of Section 11; Township 80
North; Range 6 West of the 5th P.M. in Johnson County, Iowa (This
property is located on the north side of Sugar Bottom Road NE,
approximately 1/2 mile east of its intersection with Anchorage Road
NE in Newport Twp.).
Application Z9534 of Steve Stolba, owner, Swisher, requesting
rezoning of 1.19 acres from A1 Rural to RS Suburban Residential of
certain property described as being in the SW 1/4 of the SW 1/4 of
Section 11; Township 81 North; Range 7 West of the 5th P.M. in
Johnson County, Iowa (This property is located on the west side of
Curtis Bridge Road NE, at its intersection with Sandy Beach Road
life in Jefferson Twp.).
To: IO~A CITY CLERK .............. ~ ............. ~- ......"~"- ' .... ~ ~'~ ' ..... ' '" .... '" '
Trom. joliogarT~ :~-.t.-1-~:~ ~:J~ad p.~ or u
Agenda 9-14-95
Page 3
b) First and Second consideration of the following Zoning Ordinance:
An amendment to Chapter 8:1.34.4 (b) of the Johnson County Zoning
Ordinance by deleting subparagraph (b), and inserting the following
subparagraph Co): There shall be no advertising on the premises other
than a small sign not to exceed four (4) square feet in the R districts
and a small sign not to exceed six (6) square feet in the A districts.
Said sign may carry only the name of the proprietor, telephone
number, and the name of the approved home business.
c) Discussion/action re: the following Platting applications:
Application 89542 of Frank Skala Estate, signed by Emily Curran,
Iowa City, requesting preliminary and final plat approval of Skala's
First Subdivision, a subdivision located in the SW 1/4 of the SW 1/4
of Section 30 and the NW 1/4 of the NW 1/4 of Section 31; all in
Township 77 North:, Range 5 West and the NE 1/4 of the NE 1/4 of
Section 36; Township 77 North; Range 6 West of the 5th P.M. in
Johnson County, Iowa (This is a 1-lot, 5.81 acre, farmstead split,
located on the south side of Eden Road SE, approximately 1/2 mile
west of its intersection with Sioux Avenue SE and 670th Street 8E in
Fremont Twp.).
Application S9547 of Cliff Eddy, Iowa City, requesting preliminary
and final plat approval of Alpaca Pines ( A Subdivision of Lot 4,
Twin Ponds 2nd Addition) a subdivision located in the NW 1/4 of the
SW 1/4 of Section 2; Township 79 North; Range 7 West of the 5th
P.M. in Johnson County, Iowa ('Ilais is a 2-1or, 20.01 acre, residential
subdivision, located in the NE quadrant of the intersection of 355th
Street SW and Kansas Avenue SW in Clear Creek Twp.).
1o: I0',~' CHY CLLR~' '-":
Agenda 9-14-95
Page 4
Application S9552 of John Duehr, Swisher, signed by Dean Beranek
of MMS Consultants Inc., requesting preliminary and final plat
approval of Duehr's Subdivision, a subdivision located in the NE 1/4
of Section 15; Township 81 North; Range 7 West of the 5th P.M. in
Johnson County, Iowa (This is a 3 - lot with 1 - outlot, 23.98 acre,
residential subdivision, located on the west side of Curtis Bridge
Road NE, approximately 1/8 of a mile south of its intersection with
Sandy Beach Road NE in Jefferson Twp.).
Application S9553 of Dale G. Gerot requesting preliminary and final
plat approval of Gemt's Addition, a subdivision located in the NE 1/4
of the NE 1/4 of Section 29; Township 78 North; Range 6 West of
the 5th P.M. in Johnson County, Iowa (This is a 1-1or, 8.00 acre,
residential subdivision, located on the west side of Observatory
Avenue SW, approximately 0.7 miles south of its intersection with
540th Street SW in Liberty Twp).
Application S9554 'of James R. Davis requesting preliminary and
final plat approval of Britt's First Addition, a subdivision located in
the SW 1/4 of the NW 1/4 of Section 20; Township 79 North; Range
6 West of the 5th P.M. in Johnson County, Iowa 03ais is a 2-lot,
37.647 acre, residential subdivision, located on the west side of Kitty
Lee Road, approximately 3/8 of a mile north of its intersection with
Hwy 1 SW in West Lucas Twp.).
Application S9555 of Michael W. and Carol T. Daly requesting
preliminary and final plat approval of Day-Hill Homestead
Subdivision, a subdivision located in the SE 1/4 of the NE 1/4 of
Section 1; Township 81 North; Range 5 West of the 5th P.M. in
Johnson County, Iowa (This is a l-lot, 6.01 acre, farmstead split,
located on the west side of Yellow Pine Avenue NE, approximately
1/2 mile south of its intersection with Clear Creek Road NE in Cedar
Twp.).
To: ~0~ CIT¥ CLER~
Agenda 9-14-95
Page 5
Application S9556 of Lynn C. Haines requesting preliminary and
final plat approval of Haines Subdivision, a subdivision located in the
SW 1/4 of the NW 1/4 of Section 5; Township 80 North; Range 7
West of the 5th P.M. in Johnson County, Iowa ('Itfis is a 1-lot, 5.01
acre, farmstead split, located on the west side of Half Moon Avenue
NW, 1/2 mile south of Swan Lake Road NW m Madison Twp.).
Application S9558 of Janette M. Bimey requesting preliminary and
final plat approval of Woodland Springs Subdivision, Part Two, a
subdivision located in the SE 1/4 of the SE 1/4 of Section 10;
Township 80 North; Range 6 West of the 5th P.M. in Johnson
County, Iowa (This is a 1-lot, 3.00 acre, famistead split, located on
the west side of Anchorage Road NE, 1/2 mile south of it intersection
with Sugar Bottom Road NE in Newport Twp.).
Application 89560 of Kolleen and Richard Shields, signed by Kolleen
Shields, requesting preliminary and final plat approval of Shields
Fkst Subdivision, a 'subdivision located in the 8E I/4 of the NE 1/4 of
Section 24; Township 79 North; Range 7 West of the 5th P.M. in
Johnson County, Iowa (This is a 2-lot, 3.19 acre, residential
subdivision, located on the south side of Rohret Road SW, 0.2 of a
mile east of its intersection with Landon Avenue SW in West Lucas
Twp.).
10.
Application S9561 of Vickie L. Stolba requesting preliminary and
final plat approval of Stolba Acres, a subdivision located in the SW
1/4 of the SW 1/4 of Section 11; Township 81 North; Range 7 West
of the 5th P.M. m Johnson County, Iowa (This is a 2-lot, 4.39 acre,
residential subdivision, located on the west side of Curtis Bridge
Road NW, at its intersection with Sandy Beach Road NW in
Jefferson Twp.).
To: IO~A CITY CLERK
Agenda 9-14-95 Page 6
11. Application S9562 of Marilyn L. Yutzy, signed by Randall Williams
of MMS Consultants Inc., requesting preliminary and final plat
approval of Yutzy Subdivision, a subdivision located in the SW 1/4 of
the NW 1/4 of Section 4 and the SE 1/4 of the NE 1/4 of Section 5;
all in Township 78 North; Range 7 West of the 5th P.M. in Johnson
County, Iowa (This is a l-lot, 26.55 acre, farmstead split, located on
the north side of 470th Street SW, 1/2 mile east of the intersection of
Hazelwood Avenue SW and 470th Street SW in Sharon Twp.).
12.
An application by Courthey Harris requesting vacation of the plat of
Fox Hollow Subdivision, a subdivision of certain property located in
the South 1/2 of the SE 1/4 of Section 6; Township 79 North; Range
5 West of the 5th P.M. in Johnson County, Iowa (This is a 3 l-lot,
52.21 acre, residential subdivision located on the north side of
Herbert Hoover Highway BE, approximately 1/2 mile east of the Iowa
City Corporate limits in Scott Twp.).
6. Business from the Zoning Administrator.
a) Final consideration to amend the legal description of Application
Z9452 of Steve Mann (Ordinance 11-17-94-Z3) for property described
as being in the SE 1/4 of the SW 1/4 of Section 2; Township 78 North;
Range 8 West of the 5th P.M. in Johnson County, Iowa.
b) Motion setting public heating.
c) Other
7. Business from the County Auditor.
a) Action re: permits
b) Action re: reports
c) Discussion/action re: resolution transferring from the General Basic
Fund to the Conservation Trust Fund
d) Other
8. Business from the County Attorney.
To:'IO~ ~I~ CLER~
Agenda 9-14-95 Page 7
a) Report re: other items.
9. Business from the Board of Supervisors.
a) Motion congratulating April Fleck of Solon on being elected Iowa Girls
State Governor. (She participated with 304 other young women in the
week long intensive study of Iowa government at the 1995 Iowa Girls
State.)
b) Motion declaring certain IBM Computers and monitors as surplus
property and no longer of use to the county (see attached list) and
authorize Human Services Area Administrator to dispose of this
equipment by fzrst contracting other local human services agencies or
auction. These computers are very old and out dated.
c) Action re: Medicaid Home and Community Based Payment
Agreement (HCBS waivers) for client #1805972B.
d) Other
10. Adjourn to informal meeting.
a) Discussion re: surplus property located at Human Services.
b) Executive Session to discuss Yeltatzie v. Johnson County.
c) Inquiries and reports from the public.
d) Reports and inquires from the members of the Board of Supervisors.
e) Report from the County Attorney.
f) Other
11. Adjournment.
To: IO~A CITY CLERK
From: jo hooart~
John.~¢m CnunD
IOWA
\,
Charles D. Duffy, Chairperson
Joe Bolk¢om
Stephen P. La¢ina
Don SeN
Sally S~tsm~
BOARD OF SUPERVISORS
1. Call to order 9:00 a.m.
September 14, 1995
INFORMAL MEETING
Agenda
' 2.Review of the intbrmal minutes of September 5th recessed to September 7th
and the formal minutes of September 7th.
3. Business from the County Engineer.
a) Discussion re: projects for ISTEA applications.
b) Other
4. Business from the Board of Supervisors.
a) Reports
b) Other
5. Discussion from the public.
6. Recess.
FORMAL MEETING TO FOLLOW
FAX' (319'~ 356-6086
To: IO~ CITY CLERg
From:
9-2B-95 8:2?as p. 2 oF 4
Johnson Courtly
Charles D. Duffy, Chairperson
Joe Bolkcom
Stephen P. Lacina
Don Sehr
Sally Slutsman
BOARD OF SUPERVISORS
September 21, 1995
FORMAL MEETING
Agenda
1. Call to order 9:00 a.m.
2. Action re: claims
3. Action re: informal and formal minutes of September 14th and the
canvass of votes for School Election.
4. Action re: payroll authorizations
5. Business l~om the County Auditor.
a) Action re:
b) Action re:
c) Action re:
FY 1996.
d) Other
permits
reports
resolution appropriating amounts for the second quarter of
6. Business fi'om the Zoning Administrator.
a) Final consideration of application Z9530 of Dale Guy Gemt.
b) Final consideration of application Z9531 of John Duehr.
c) Final consideration of application Z9532 of Gerald Lipsuis.
d) Final consideration of application Z9533 of James Cooper.
e) Final consideration of application Z9534 of Steve Stolba.
913 soUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000
To: I0~ CI~ Cl£R~
From jo hogarty 9-20-95 8:2?aa p, 3 o¢ 4
Agenda 9-21-95
Page 2
f) Final consideration of the following Zoning Ordinance:
1. An amendment to Chapter 8:1.34.4 (b) of the Johnson County
Zoning Ordinance by deleting subparagraph (b), and inserting the
following subparagraph (b): There shall be no advertising on the
premises other than a small sign not to exceed four (4) square feet
in the R districts and a small sign not to exceed six (6) square feet
in the A districts.
g) Other
Business from the Assistant Zoning Administrator.c- ~,~
a) Discussion/action re: the following Platting applications:
1. Application S9552 of John Duehr, Swisher, signed by 15can
Betarick of MMS Consultants Inc., requesting preliminary and
final plat approval of Duehr's Subdivision, a subdivision located in
the NE 1/4 of Section 15; Township 81 North; Range 7 West of the
5th P.M. in Johnson County, Iowa (This is a 3 - lot with 1 - outlot,
23.98 acre, residential subdivision, located on the west side of
Curtis Bridge Road NE, approximately 1/8 of a mile south of its
intersection with Sandy Beach Road NE in Jefferson Twp.).
Application 89553 of Dale G. Gerot requesting preliminary and
final plat approval of Gerot's Addition, a subdivision located in the
NE 1/4 of the NE 1/4 of Section 29; Township 78 North; Range
6 West of the 5th P.M. in Johnson County, Iowa (This is a l-lot,
8.00 acre, residential subdivision, located on the west side of
Observatory Avenue SW, approximately 0.7 miles south of its
intersection with 540th Street SW in Liberty Twp).
Application S9558 of Janette M. Birney requesting preliminary and
final plat approval of Woodland Springs Subdivision, Part Two, a
subdivision located in the SE 1/4 of the SE 1/4 of Section 10;
Township 80 North; Range 6 West of the 5th P.M. in Johnson
County, Iowa (This is a l-lot, 3.00 acre, farmstead split, located
on the west side of Anchorage Road NE, 1/2 mile south of it
intersection with Sugar Bottom Road NE in Newport Twp.).
CLERK From: jo hoqart~ 9-28-95 S:2?aa p.
Agenda 9-21-95 Page 3 ':
Application S9561 of Vickie L. Stolba requesting preliminary and
final plat approval of Stolba Acres, a subdivision located in the SW
1/4 of the SW 1/4 of Section 11; Township 81 North; Range 7
West of the 5th P.M. in Johnson County, Iowa (This is a 2-1or,
4.39 acre, residential subdivision, located on the west side of Curtis
Bridge Road NW, at its intersection with Sandy Beach Road NW
in Jefferson Twp.).
Lr)
Business from the Coumy Afiomey. c . ,~
a) Report re: other items.
Business from the Board of Supervisors.
a) Action re: amended Day Care Regulations (The major change is the
removal of preschools and before and after school programs from the
rules. These types of operations do not include activities that are most
likely to transmit disease, i.e. no food preparation, etc.).
b) Motion to hold both informal and formal meetings for the week of
October I st on October 3rd.
c) Other
10. Adjourn to informal meeting.
a) Inquiries and reports from the public.
b) Reports and inquires from the members of the Board of Supervisors.
Report from the County Attomey.
d) Other
11. Adjournment.