HomeMy WebLinkAbout1998-07-28 Correspondence Good News Bible Church
P.O. Box 5427, Coralvllle, IA 52241
(319) 354-3331
July 2, 1998
Iowa City Civic Center
410 E. Washington
Iowa City, IA 52240
atm: Mike O'Donnell
Dear Councilman O'Donnell:
I wanted to write and thank you for your leadership in the recent controversy surrounding Public
Access TV. Like yourself, I believe PATV can contribute positively to our community, but certain
criteria should be set-up to insure objectionable material such as that contained in the program in
question never be aired again.
I applaud you, Mr. O'Donnell, for speaking out publicly against the exploitation of children.
Personally, I cannot fathom how these extremely questionable scenes of children in tompromising
positions in any way helps to meet PATV's stated goal of "teaching people how to watch tv". If
adults wish to be involved in such casting, so be it. However, children do not have the moral
capacity to make that decision and should be protected from this type of sexual exploitation. It
amazes me, how in an age in which we are so fearrid ofpedophiles and other predators of
children, our public tv could have been so naive in what it allowed to be aired.
I would like to encourage the Iowa City Council to work with PATV, and members of the public,
to establish criteria insuring this type of lewd programming will not be shown again.
Again, I thank you for your leadership in this matter.
Sincerely,
Rev. Christopher C. Arch, MA
Pastor of the Good News Bible Church
Crane & Associates
Real Estate Counselors
City of Iowa City Council
410 E. Washi ngton Street
Iowa City. Iowa 52240
· C.R.B. Certified Residential Broker
· G.R.I. Graduate Realtors Institute
· A.R.A. Accredited Rural Appraiser
RE: PUBLIC ACCESS TELEVISION
Sal
Appraisal
Farm Management ·
Dear Council Members:
For sometime I have been following the controversy over the funding and actual
existence of the Public Access channel. Mike O'Donnell has lead the fight for
discretion on this. It is my position that he is absolutely correct in using good
judgment and clear sense when selecting programs to be broadcast, which we all pay
for through a portion of our T.C.I. bills.
Can we have some good sensible input in selecting the programs that will be
broadcast on this channel? And, certainly not anymore scenes of young nude boys,
etc. My only viewing of this channel was a few years ago of two lesbians in bed
with bottles of wine and a male homosexual in bed with them dressed in leather
carrying on and frolicking while criticizing one of the county boards that operates
in good faith. This kind of thing, as well as the viewing of nude young boys, is
nothing but horrible trash. We have no room for it, nor should we be expected to
put up with it in this city, or any place.
It would be appreciated you would review the Public Access issue and consider these
comments in support of Mike O'Donnell's petition to be selective in the material to
be broadcast, if we are to continue to have this channel in our community.
Si ncerely,
Robert C. Crane, ARA & CGA
President, Crane & Associates, Inc.
Past President, Iowa City Board of Realtors
Past President, Iowa City Noon Rotary Club
Past President, Iowa Farm & Land Institute
Past Iowa City Realtor of the Year
Iowa City Business Owner and Property Owner of 25 years
Recyclable Materials Collection
and Management Products
Municipalities
Business - Industry
WEB SITE [www. gen-nex.com]
GEN-NEX Engineering
Dave Sidwell - Systems Engineer
40 Sugar Creek Lane - PO Box 513
North Liberty, IA - 52317
Ph. or Fax 319-626-7677
Ernie Lehman
Council Member- City Iowa City
7/6/98
RE: Recycling container system availability for apartments and condominiums,
Dear Mr. Lehman;
GEN-NEX Engineering has designed a new recycling collection container system
for apartments and condominiums. A sample of our current container unit is shown in
the enclosed literature. The systems design was the result of input from John Ockenfels
from City Carton and Tim Wolfe at Iowa City Clean-up and Transfer. They are interested
in finding a recycling system which will serve Iowa City's multiple dwelling complexes,
which house about 40 - 45% of the cities population. Brad Neumann, the Johnson
County Solid Waste Management Planner, has also been kept up to date concerning the
system's development.
Iowa City has an opportunity to become a model for the state regarding
comprehensive recycling for all residence. GEN-NEX Engineering has spent 18 months
studying and designing a workable collection container system for multiple dwellings.
The system's collection volume flexibility allows it to fit complexes from 4 - 204 units.
The collection container placement issue is one problem addressed by the unique
design of the GEN-NEX system. Our containers may be placed along sidewalks for
added convenience to the complex residents. Part of our system includes the distribution
of educational materials to participating residence and answering calls regarding system
usage. Because of their design, GEN-NEX containers attract little or no garbage
contamination, which was one of the major problems experienced dudng the Coralville
pilot program of 1993.
It would be advantageous for all parties interested in multiple dwelling recycling
to begin a dialogue, to promote a better understanding of the pertinent issues. As an
Engineer, I have been studying recycling and related collection issues. Good recycling
systems are built around the three C's; Convenience, Cooperation and Cost. Education
and financial incentives are the foundation of the three C's.
There is a current, hidden cost, in not providing recycling for multiple dwellings.
That is the future cost to all taxpayers of new landfill sites. When property owners take
this into account, recycling becomes cost effective.
Please review the enclosed matedal and call if you have any questions. We
would appreciate your views concerning an approach to multiple dwelling recycling.
Sincerely,
Encl/das Dave Sidwell - President
CC/O'Donnell/Thomberry/Vanderhoef/Norton/Kubby/Champion/Lehman
Recycling capacity is custom fit to your facility,
keeping your costs to a minimum.
OUR CONTAINER RACKS DO NOT
REQUIRE SPACE IN YOUR PARKING LOTS.
GEN-NEX SYSTEMS ARE ATTRACTIVE
AND CONVENIENT FOR YOUR RESIDENCE.
GEN-NEX PROVIDES THE EDUCA'FIONAL LITERATURE
TEMPLATES FOR DISTRIBU'rlON MATERIALS TO
EDUCATE YOUR RESIDENCE IN RECYCLING PROCEDURES.
GEN-NEX: The complete recycling package.
LOWER LANDFILL TONNAGE FEES MEAN SAVINGS
LL
RECYCLE
j'
CALL US FOR A FREE COST ESTIMATE.
Pictured is a 10-Plex container system
GEN-NEX Engineering -North Liberty, IA - P.O. Box 513 - 52317
Ph...- FX 319-626-7677 - ,W..EB [www.gen-nex.com] - E-mall [gennex@inav. net]
Date sent:
From:
To:
Subject:
Wed, 15 Jul 1998 21:36:31 +0000
Kent Conklin <Spiff@avalon.net>
council@blue.weeg.uiowa.edu
Hickory Hill Park
My name is Jeff Conklin. I live on the edge of Hickory Hill Park,
and I often walk with my dog in the park. This evening my dog, which
was on a leash, was attacked for the third time in the park, this time
by 3 dogs that were were not leashed and were accompanied by their
owner. When I asked the owner to leash the dogs she laughed and walked
away. This behavior is by no means isolated. Last week my son was
chased by dogs in the park, the owners watched, and unwanted aggressive
behavior from dogs that are not under control happens nearly every time
I am in the park. I know that I am not the only person who has this
problem since a recent letter to the editor in the Press Citizen pointed
out the same problems.
There are other happenings in the park that concern me. I
frequently walk into my yard in the morning to discover someone sleeping
in the park near my house, and partying in the lower park is common in
the middle of the night.
To be honest with you, although I live next to the park and am often
in the park, neither I nor any member of my family have ever seen a
police officer or an officer from animal control walking the trails. I
have seen both driving into the parking lot: this appears to be the
extent of the patrol.
I would really like to walk in the park without being accosted, feel
safe in my own home and not be disturbed in the middle of the night. I
am open to suggestions. Tonight I called the Iowa City Police with a
complaint, I was told that someone would be there, but no one came.
Jeff Conklin
1532 Rochester Avenue
354-7187
jeffrey-conklin@uiowa.edu
Thu, 16 Jul 1998 07:53:37
MidAmerican
ENERGY
July 16, 1998
JUL 3 0 1998
CITY MANAGER'S OFFICE
MidAmerican Energy Company
401 Douglas Street
P 0 Box 778
Sioux City, Iowa 51102
712 277-7500 Telephone
Ernie Lehman, Mayor
City of Iowa City
410 East Washington
Iowa City, IA 52240
Dear Mr Lehman:
During the week of July 20, 1998, workers from the U.S. Environmental Protection
Agency (EPA) will be making test borings at the site of a replacement for the Burlington
Street Bridge across Ralston Creek. They are testing for the presence and extent of coal
tar at the site of this important project.
MidAmerican Energy Company intends to work cooperatively with the EPA and city and
state agencies toward the completion of the bridge project. To help keep you informed --
so you can keep others informed -- we are enclosing an Information Sheet containing
background about the project. We will provide up dates as more information becomes
available. The EPA also has mailed information on the project.
We hope you find this information helpful. If questions remain after you have read it,
please contact me at the telephone number or address listed at the end of the Information
Sheet.
Sincerely,
G.L. (Sam) Nelson
Manager, Remediation Services
MidAmerican Energy Company
MidAmerican
ENERGY
INFORMATION SHEET
Iowa City Coal Gasification Site
Burlington & Van Buren Streets
Iowa City, Iowa
MidAmerican Energy to Work with EPA, City, State to Replace Bridge
Introduction
MidAmerican Energy recently advised the U.S. Environmental Protection Agency that it
intends to work cooperatively with the federal agency, the city of Iowa City, and the Iowa
Department of Transportation to bring about the much-needed Burlington Street Bridge
replacement over Ralston Creek. Progress on the bridge hinges on decisions to be made
about residue of coal tar near the creek. The coal tar is a byproduct of a plant that
manufactured gas from coal from the 1850s to about 1937. Iowa-Illinois Gas and Electric
purchased the site in 1942. Iowa-Illinois merged into MidAmerican Energy in 1995.
MidAmerican and the EPA are discussing what role the utility will play in the effort. As a
first step, a MidAmerican environmental project manager, with experience cleaning old
manufactured gas sites, will be on hand for the testing to work with EPA officials the
week of July 20, 1998. The EPA has planned soil sampling that week in the area where
new bridge piers will eventually be poured to determine whether coal tar residue will
affect the future bridge construction.
The EPA is in charge of ensuring that human health and the environment are protected
during bridge construction. The EPA conducted preliminary tests on nearby soil in March
1998 and is further studying the site, the composition of the soil, and the best means of
protecting Ralston Creek.
A common issue
Before the electric age and the onset of natural gas use, street and building lighting was
produced by gas made from coal. More than 1,500 plants around the country produced
this fuel beginning in the mid-1800s. About 100 former sites are located in Iowa.
The former manufactured gas plant at Burlington and Van Buren streets began operating
in the late 1850s and produced gas until about 1937. The site later housed a utility vehicle
storage center until the property was sold in 1976. Later, it was used as a bus garage, and
even a discotheque. The Iowa-Illinois Manor apartment building was constructed there in
1983.
The EPA's preliminary study has found this site is typical of many old gas plant sites. The
soil contains residue of coal tar from the manufacturing process. Coal tar is part of many
common substances today, including asphalt, road tars, and roofing tars.
Testing indicates neighborhood is safe
The coal tar residues left in the soil generally do not dissolve well in water,, so most
material stays right where it is. The testing-by EPA and state agencies found that while
some material has moved to Ralston Creek, health professionals concluded that the area is
safe for normal, everyday activities. Even so, the city of Iowa City posted notices that no
one play in or around the creek or use its water. Drinking water for area residents comes
through the Iowa City water system, which is primarily purified river water removed from
the river upstream. As a backup source, Iowa City draws water from a well at least two-
thirds of a mile away - and upstream - of the site.
The material in the soil also should not present a concern for residents of the Iowa-Illinois
Manor apariments, because a ventilation system prevents vapors from entering the
building. Testing in 1997 of air inside eleven apartments and several other locations in and
around the complex by the Iowa Department of Public Health has shown that the indoor
air is safe.
Next steps are being developed
The testing to be conducted the week of July 20, 1998 will enable the EPA to determine
what the next steps will be. MidAmerican has been meeting with the city, the EPA, and
other parties, to determine how to ensure that the Burlington Street Bridge project can be
completed quickly and that no further coal tar residue gets into Ralston Creek.
MidAmerican has been involved in several similar sites in Iowa and will use its experience
to benefit this project.
For more information, please contact G.L. (Sam) Nelson, manager, Remediation Services
at MidAmerican Energy. You may dial toll-free 1-888-427-5632 and ask for him at
extension 7930. Correspondence may be sent to him at MidAmerican, P.O. Box 778, 401
Douglas Street, Sioux City, Iowa, 51102-0778.
Date sent:
To:
From:
Subject:
To the Council:
Tue, 14 Jul 1998 06:28:26 -0500
counciI@blue.weeg. uiowa.edu
David Salisbury <davedee@inav.net>
Train Interchange
I am writing to ask about the status of the relocation of the train
interchange from Iowa City to a new location near the Amanas. Last year I
spoke with Jeff Davidson, who told me the target date for the relocation to
be complete was November, 1998. Is that still a realistic estimate? Has
the Iowa City Council signed the agreement with the state of Iowa to make
the grant money available? Has the land been purchased and has
construction begun on the new interchange? Will the move from one location
to the other be gradual, or will they just stop switching trains in Iowa
City one day and start in the new location the next? I cannot express how
happy I am that this is going to happen. My family lives at 1432 Laurel
Street. We have endured for years the seemingly endless train whistles at
all hours of day and night, and the blocked intersections are problematic,
especially at rush hour. We will be elated when this activity ceases.
Please reassure me that the project is moving forward and is on schedule.
Thank you!
Sincerely,
David Salisbury
1432 Laurel Street
Iowa City, IA 52240
354-5411
e-mail: davedee@inav.net
-- 1 -- Tue, 14 Jul 1998 08:03:04
From:
Date sent:
Subject:
RodSulliva@aol.com
Tue, 14 Jul 1998 12:48:54 EDT
council@blue.weeg. uiowa.edu
Fwd: JCNEWS: Penn State riots (long)
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Date: Tue, 14 Jul 1998 10:56:05 -0600
From: john robertson <jroberts@INAV.NET>
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To: jcnews@yosemite.leepfrog.com
Subject: Re: JCNEWS: Penn State riots (long)
References: <35A93DFD.5782D3A7@plutonium.net>
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-- 1 -- Thu, 16 Jul 1998 07:53:49
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I don't know anything about the Penn State riots that are alleged to have
occurred recently, but the various themes that have arisen in this group
around that topic raise a number of interesting issues. Apparently, many of us
have reframed the underlying problem as one of drunkenness and bad behavior by
students.
I'm still interested in any good data showing the drinking behavior of young
people now as contrasted with what it has been over the last 30 or 40 years. I
question whether the behavior is truly worse now than then.
Please be aware that what we call drunkenness now, for purposes of driving
while intoxicated charges and public intoxication charges is quite different
than it was in the past. Nowadays, one is guilty of drunk driving after
imbibing rather minimal amounts of liquor, and one is guilty of public
intoxication if he or she is merely "acting" drunk but hasn't imbibed anything
at all. In the driving instance, the vast majority of persons now arrested for
the offense demonstrate no significant driving impairment whatsoever. Indeed,
after the Iowa Supreme Court ruled that law enforcement can detain a driver
for any infraction, even a pre textual one (e.g., license plate build burned
out, failure to clean the snow off 100% of the rear window, "routine" drivers
license checks) even though the real reason for the stop is to conduct an
alcohol check, police have utilized millions of dollars in grant money for DUI
interdiction meant to arrest those drivers whose driving itself is not a
problem. The net effect of this is that law enforcement now utilizes its
resources to attack not the drivers who are obviously and seriously drunk, but
those drivers who have consumed minimal and moderate amounts of alcohol, who
have not been in accidents, and whose driving is not demonstratively
problematic. That effort has also expanded to bar sweeps and arrests of non
drivers who elect to walk home because they know they shouldn't drive. Most
alarming, much of that police behavior is now targeted at persons in the
community that law enforcement doesn't approve of: young people whose dress
and behavior is not illegal but is non conforming, Black and other minorities,
and working class people who don't fit the communities' idea of what their
-- 2 -- Thu, 16 Jul 1998 07:53:50
town ought to be.
Readers should also be sensitive that the bar sweeps and checks law
enforcement now engages in focus on establishments that do not engage in
wholesale underage serving, but instead are merely less than 100% zealous in
carding any young person. (For instance, I recently observed a young couple
enter a local establishment that does routinely card people. Both looked
young. The woman clearly did not appear 21 when she ordered a 7-up. The man,
who did appear of age, and wore a wedding ring, ordered a beer. The bartender,
seeing the woman not seek alcohol, seeing a wedding ring, and seeing the
ostensibly 21 year old man order a beer, made the following assumptions: 1. it
was not busy and nobody was in the establishment "parrying". 2. carding
customers tends to be harmful to business. 3. the couple seemed to know what
they were doing and did not appear to be trying to get over on anyone. 4. the
bar isn't a typical party bar that caters to students and as a general rule
doesn't have a lot of underage people attempting to get alcohol. Turns out,
the whole affair was a sting operation by local law enforcement, which
determined that more sophisticated efforts were needed to secure violations
because local bars had indeed modified their behavior to catch the vast
majority of the underage drinkers)
Now all these activities are definitionally legal. Its ok for law enforcement
to pull people over for pre textual reasons. Its ok for law enforcement to
trick bar owners into committing violations. Its ok for police to arrest based
on the officer's subjective belief that the suspect is merely acting drunk.
The more important question is whether these activities comport with what you
and I believe is proper in a free and dynamic society. Although I am not
arguing for carte blanche wild partying by 19 year olds, I'm not naive enough
to think that a strong and aggressive police presence will successfully
function to eliminate that behavior. I also think that such an approach not
only harms the community in ways that are far more significant than the
ostensible benefits such activities engender, but such efforts also - quite
si~Ttply - do not work. Many 18, 19 and 20 year olds have a desire to drink.
Many are inexperienced in such activities and do not drink well. Many also
have a desire to get wild and crazy and drunk and see what that's like. All
the grant money in the world isn't going to change that. All the staff power
and squad cars and road blocks and criminal charges and reduced standards for
conviction aren't going to to change that either. Indeed, if Iowa City's focus
in these areas HAS to be on merely overpowering the problem through arrests,
increased penalties, increased policing, and other power struggle tactics,
-- 3 -- Thu, 16 Jul 1998 07:53:50
then the most it will accomplish is to move the behavior we say we disapprove
of from the bars into other locations that cannot be regulated like dorm rooms
and private homes (which may be exactly why the city council thinks we now
need a private home ordinance to control parties and social events)
Such activities by law enforcement do accomplish certain non-intentional
goals: First, they create a non helpful power struggle between the police and
the members of the community that are the focus of the police. This in turn
builds potentially dangerous tension and hostility both on the part of the
targeted community towards the police and on the part of the police towards
the targeted community. Second, these activities engender a cynical view of
law enforcement by the targets of such activities, who are in general not any
different than the rest of us. (Indeed, for us baby boomers who went to
college in the 60s and 70s, imagine how our lives would have been then were we
the subject of a zealous and well funded zero tolerance policy regarding our
deviant behavior?) Third, they also teach young people that the issue isn't
drinking and partying, the issue is how not to get caught. Fourth, they divide
the community artificially and not based upon behavior, but based upon status
(i.e., out of town college students versus local non college students).
Fourth, such activities chill the energy of the community such that what
started out as a legitimate concern about dangerous behavior rapidly turns
into an illegitimate concern about individuality, flee expression, and the
generally accepted qualities of a liberal society. Fifth, such activities
divert funds from programs and policy implementation that can work and will
address the true needs of a community and into programs and policy initiatives
that quite simply cannot succeed. Again, although there is a consensus that we
will not tolerate drunk drivers, once arrest policy shifted to attack social
and experimental drinkers (i.e., undergraduates) who may not even own cars,
and once those efforts were turned towards the businesses and activities that
are associated with such conduct, and once the focus of law enforcement turned
towards whole classes of people (students, working class, those who look
different) what started out as a legitimate and generally approved goal now
appears to be something much more insidious.
There are plenty of ways to deal with the real issues here. Towards students
and the young, prevention and alternative programming works wonders. Diverting
fraternity and sorority events, as well as general undergraduate activities,
from drinking towards other endeavors achieves great results. Running the
busses at bar closing time and allowing overnight parking downtown provides
alternatives to driving. Teaching police how to tell the difference between a
drinker who has had enough and needs a helping hand home and one who needs to
-- 4 -- Thu, 16 Jul 1998 07:53:50
spend the night in the drunk tank diffuses the power struggle while
accomplishing the proper goals. Utilizing the courts and the prosecutor's
office to divert minor offenders into prevention programs engenders respect
for the justice system, teaches people the values of their personal behavior,
and diminishes dysfunctional drinking. Providing more activities that truly
interest college students but do not involve excessive alcohol (like the Jazz
lest, River lest, etc.) meets the need for fun and excitement without the need
for harsh measures.
Finally, without such alternative efforts, and with continued and increasing
power approaches directed at punishment and control, what we face is not less
drinking and acting out but more. It becomes a game between the police and
their targets. Eventually, that game escalates to the point where riots and
other clearly dangerous and non peaceful conduct not only might occur but will
occur. Pretty soon, Iowa City may join Penn State in the newspapers too.
--partO_900434934_boundary--
-- 5 -- Thu, 16 Jul 1998 07:53:50
Tricia Yeggy
408 Bjaysville Lane #1
Iowa City, IA 52245
(319) 337-2054
City Council
410 E. Washington St.
Iowa City, IA 52240
July 7, 1998
Dear City Council Members:
I am writing this letter regarding a disagreement that I had recently with the
Iowa City Treasury and Water Department's regulations. Thankfully, one of the
people that I spoke with recommended I bring the matter to your attention. I
genuinely appreciate the opportunity to voice my opinion about City Policy and hope
that you understand and benefit from my perspective on this issue.
Because I will be moving in two weeks, I phoned the City Treasury to switch
my water bill from one address to the other. I assumed that the procedure would be
as simple as switching any one of my other utilities/necessities. But, I was advised by
the clerk that because I had not been living at the same address for a year and one
half that I would need to pay an additional $80 deposit for the water services at my
new home at 802 South Van Buren. To compound my inconvenience or simply by
way of outdated record keeping, I was then told that I was required to bring that
money into the Civic Center.
My obvious reaction was to ask, "Why not carry over the deposit that I paid in
June of last year?". I was then informed that it was against City Policy. Firstly,
because the bills are kept track of by the unit, not the individual and secondly, as a
protection measure to insure payment of the last month's bill. These reasons are
unsatisfactory. As a low-income (yet, bill paying) individual, I am being
unnecessarily punished for another's crime. Furthermore, because I am relocating to
another address in the Iowa City area, there will be no period of time where I am not
paying the City for a water bill. Which is to say, that beyond my moral obligation to
pay my debts, because I need water, the City will receive its money. I believe that
there must be another means available to the City, besides penalizing all of its
citizens, that will enable it to better collect upon its old debts.
Ultimately, it may be that the only people that are affected negatively and
without reason by this policy, are people like me: low income individuals that budget
their monies accordingly and have difficultly coping with an $80 unexpected
expense. But, I believe this sector of the population is large enough to justi(v a
reevaluation of the City's policies regarding this issue and to adjust the manor in
which the City guarantees receipt of its monies. As a lifelong resident of Iowa City,
tax payer and steady bill payer, I have found the inconvenience of my City's Treasury
collection means unnecessary and insulting. The irony of the situation is that, if I
were moving from the area and not planning to continue to be a productive citizen in
July 13, 1998
Tricia Yeggy
408 Bjaysville Ln #1
Iowa City, IA 52245
Subj: Utility Account Deposit Requirement
Dear Ms. Yeggy,
Thank you for taking your time to explain your concerns related to the utility deposit
requirements that are administered through the Treasury Division.
The issue of requiring payment of a deposit before establishing City utility services is
historical; the value changing since 1981 from $50 to $100 to $80. The deposit is meant
to protect the City from unpaid billings on closed and finaled utility accounts and
minimize the costs associated with additional collection measures. To further explain
rational for a deposit system, our collection of unpaid closed accounts involve an am~ual
process of placing a lien against the property and collecting that unpaid balance from the
owner of the property in the same manner as a real estate tax. The majority of utility
accounts included in this collection process are residential rental accounts that were in a
tenants' name. As you may have construed, our deposits also add protection to the owner
of a residential rental property to minimize the owners' responsibility of paying an unpaid
account balance that remains after the deposit application to the final bill.
In evaluating the current computer account change processes, any transfer of a deposit
balance from one account to another involves a manual adjustment process rather than an
automated computer process. On an annual basis, there are over 1500 accounts closed
and the majority of these have a credit refund to be processed. Because our current
computer software program does not include an automatic transfer process to move the
deposit from one account to another, such would be administratively unfeasible to
manage due to the staff time involved in processing and verifying the accuracy of such
transactions. Also, we must consider how a transfer would change the property owner' s
liability on an unpaid residential rental account.
The Finance Department is planning on reviewing utility software packages which would
enhance the customer service issues. This is one subject to be considered in their
software evaluations in a manner that would not adversely affect a property owner's
410 F-XST ~2~ASHING/ON STREET · IOWA CITY, IOWA 52240-1826 · (3t9) 356-5000 · FAX (319) 356-5009
responsibility for payment of an unpaid residential rental utility account that was in the
tenants' name.
The Treasury Division has compromised in your situation by processing a manual
transfer of your deposit credit balance that remains after application to your final bill
(anticipated at $50.00 or less), to your new utility account. You, in turn, will pay $30.00
towards the $80.00 deposit requirement. Should the deposit credit and the $30.00 not
equal $80.00, the difference would be charged on your first. utility billing for your ne~v
residence. Inversely, should the deposit credit and the $30.00 equal more than $80.00,
the difference would be a credit on your account and apply to your first billing. This is a
fair compromise at this time to the $80.00 deposit requirement.
Again, thank you for taking the time to advise us of your concerns.
Sincerely,
Dianna Furman
Customer Service Manager
CC:
City Council
Finance Director
Treasury Division
ddcorres\048800.doc
7J,,I'8 12:27PM / Gray 8. ddso. pl'P) 338,.1~,04 Pg 1 of 3
OSHA GRAY DAVIDSON
14 SOUTH GOVERNOR STREET
IOWA CITY IOWA 52240 USA
Tel: (319) 338-4778
Fax: (319) 338-8606
osha@pobox. com
TO: Iowa City Council
20 July 1998
Dear Councilors,
Last Tuesday, 14 July 1998, I had the privilege of addressing
the Police Citizen Review Board at their first public forum. The board members appeared engaged, attentive and sensitive to citizen input. They seem like a first-rate group. I'm sending you the following copy of my comments because at least one of my suggestions for making the Board more effective is out of their
hands and in yours. I ask that you replace the "sunset" clause in ordnance 97-3792 with
language making the Board a permanent part of city government. By allowing the Board to
dissolve in three years without specific renewal by Council I believe you're undercutting the
Board's credibility. It's future is too important to this community to be left in doubt.
In addition, I've asked the Board to examine whether it has power and funding adequate to the
task Council has asked of it. While they will consider that themselves, I think Council should be
pro-active in this regard and ask the Board specifically if it needs additional powers and/or
funding.
Thank you for your attention in this matter.
Sincerely,
7~,,T8 12:27ffi OdaGmyh~,;n (317)333.8~, I'g2;f3
Testimony given to the Police Citizen's Review Board by Osha Gray Davidson, 14 July 1998
Mr. Chairman and members of the Board,
First, I want to thank you for the opportunity to address you tonight. The importance of
public forums like this one shouldn't be underestimated. They foster open communications
between the Board and Iowa City residents. That in turn contributes to public support i~
Board and its mission-- a support that is crucial if the Board is to be effective. again I thank So
you and commend you for holding what I hope is the first of many such outreach efforts.
Civilian police boards exist in 38 of the nation's 50 largest cities-- and in many, smaller
towns as well. Iowa City's experience parallels that of most other communities. Typically, boards
were created in response to an incident-- or a series of incidents-- that shook the public's faith in
the ability of the police to police themselves.
Despite a common genesis, the effectiveness of civilian review boards varies
tremendously. Some boards are true watchdogs while others exist merely on paper.
Success or failure of civilian review boards appears to be govemed by three primary
factors.
First, the ordinance creating the board must be broad enough to cover all relevant areas,
yet specific enough to tackle the most serious matters. The mandate of Atlanta's Review Board is
so narrowly defmed that it renders that body ineffective. I believe Iowa City's ordinance addresses
these areas, and I'd just suggest that you periodically examine your mandate to see if it needs
revision.
Second, the board must given adequate power to carry out its mandate. In NYC, the police
department simply ignores the findings of their Civilian Complaint Review Board. A leading city
administrator, and the creator of New York's Review Board, was led to ask: "What's the point of
having a board if the final product, discipline of officers, doesn't happen.'?" To avoid a similar
problem here, you might ask yourselves: Do we have the power to do the job Council has
instructed us to do?
Third, some boards have strong mandates with ample powers, but they cannot fulfill their
task because they lack financial and political support. In 1995, Washington DC's Civilian
Complaint Review Board was abolished because it was deemed ineffective. Critics cited a huge
backlog of cases. But the backlog existed because city administrators failed to fund the Board
adequately. Do you have the resources necessary, in the words of your founding ordinance: "to
assure extemal accountability of the actions of the Police Department"?
A few final thoughts:
One of the most important functions of the Board is to serve as a window for citizens onto
the daily operations of the police department. As a recent study of Civilian Review boards pointed
out: "Perhaps the best way to judge citizen review mechanisms is by the amount and quality of
information they provide to the public." Your first annual report will therefore be an important
document.
To make the Board more effective the Board should be automatically notified when an
individual files a civil lawsuit alleging police abuse. The Board should then provide the plaintiff
with information about his or her right to file a complaint with the Board. It's my understanding
that this is not currently done.
Additionally, the names of officers charged with a complaint should be a matter of public
record. Again, I don't believe this is now the case. This change would help the public see if a
single officer is the source of a large number of complaints. Such information doesn't imply
guilt-- any more than does the daily listing in the paper of citizens arrested by police. Law
7/2;/?8 12:27PM Oea Gay DeS p17)3~.~ tg 3~3
enforcement officers, public employees who arc given the power to use deadly force, should be
held to the same standards of openness.
I also think the current sunset provision in your ordinance should be withdrawn. Without
action by the City Council, this Board will cease to exist in three years. Therc's no need for this
legal sword of Damoclcs to be dangling over your heads. If we as a community arc serious about
the need for civilian oversight, then the Board should be made a permanent part of city
government.
Finally, speaking as someone who was critical of the city in the terrible months following
Erich Shaw's death, I want to say that you have not just my support but also my respect and
appreciation for the difficult job you're doing. On August 30, 1996, our community suffered a
terrible injury. We all want that wound to heal completely. A vigorous, independent and
permanent review board-- one that has earned the support of the full community-- is essential to
that healing process.
WILL J. HAYEK (1896-198~')
JOHN W. HAYEK
C. PETER HAYEK
DAVID E, BROWN
JOSEPH T. MORELANO
HAYEK, HAYEK & BROWN,
ATTORNEYS AT LAW
BREMER BUILDING
120V~ EAST WASHINGTON STREET
IOWA CITY, IOWA 52240-3976
L.L.P.
AREA CODE 319
TELEPHONE 337°9606
FAX 338*7376
July 15, 1998
Mr. Ernest W. Lehman
902 Wylde Green Road
Iowa City, Iowa 52246
Re: Riverview Place Partners Zoning Application
Dear Mr. Lehman:
Riverview Place Partners has a rezoning request pending with the City of Iowa City to
facilitate construction of 72 units of affordable, senior unassisted housing in Iowa City. We plan to
ask the council to act on July 28 to schedule a public hearing on this rezoning request for the
council's August meeting even though the City's Planning & Zoning Commission may not have
completed consideration of the application. Our purpose in making this request is to expedite
council consideration of this matter before the developer's tax credit allocations expire.
I am also taking the liberty of enclosing a memorandum that Larry Mazzotta of Riverview
Place Partners recently addressed to the Planning & Zoning Commission. This memorandum will
provide you with what I believe is a comprehensive overview of the project and the reasons for it.
Mr. Mazzotta also addresses the staff concerns about Tart Speedway access in the event of Iowa
River flooding.
I realize that sending this correspondence to you at your home is not the usual procedure.
However, we did want you to have this information before your meeting on the 28th and to explain
the need to schedule public hearing even though final action by Planning & Zoning has not yet been
taken.
Very truly yours,
JWH:mec
Enclosure
cc: Marian Karr, City Clerk
(w/end.)
Larry Mazzotta,
Riverview Place Partners
John W. Hayek
RIVERVIEW PLACE APARTMENTS
Dubuque Street and Taft Speedway
Thank you for the opportunity to present our request for rezoning, on the Taft Speedway
property we currently have under option, and for your consideration in the matter.
As I will be unable to attend the July 16 Commission Meeting in person, instead being
represented by Mr. John Hayek, I want to take this opportunity to elaborate on our
development plans and the zoning related issues at hand. ,
There were a number of points made at the last Commission Meeting which I would like to
address in this letter. For the sake of both simplicity and clarity, I will present the following
in a point by point fashion.
PREVIOUS SITE PLANNING AND USES
On several occasions, during the last Commission Meeting, mention was made of previous
development proposals and, specifically, a proposal from the 1980's that would have
created, I believe, fraternity and/or sorority houses on this site.
With regard to this previous plan, I cannot speak with any authority as to the reason or
reasons this proposal was denied. I can offer that such a land use plan would have
suggested a significant increase in the traffic volume on Taft Speedway. I could also
imagine that such a development would have imposed both a substantial visibility factor for
the neighborhood as well as a meaningful noise factor. Also, such a use might have been
out of character for this neighborhood.
Riverview Place would be a development catering specifically to the "well elderly". That is,
tenants fifty-five years of age and older who do not require any form of medical assistance.
In addition, this is a population that can also be characterized as leading relatively quiet fives
with very modest requirements for repetitive automobile travel to and from their residences.
The two buildings housing individual apartments are not terribly imposing facilities,
blending well as structures, I believe, with the Church across the street and the Idlewild
Development a few hundred feet to the west. By scale, Riverview Place would indicate a
compatibility with its immediate neighbors.
Architecturally, Riverview Place would offer a design that is in conformance with the
general design characteristics of the community.
During the Commission Meeting, reference was made to the placement of fill matter on the
site by the current owners of record.
As to the issue of fill materials previously placed on the site, we can only indicate the
following. Rightly or wrongly, a substantial volume of fdl material has been placed on the
site. This material has been characterized in a variety of ways and as developers, our
interest in such would be two-fold. Does the fill material contain any harmful substance(s)
and is the fril material of a nature suitable to the use we intend?
With regard to the former, we engaged an engineering/environmental finn to conduct a
Phase I Environmental Assessment of this subject property. The final report, issued in June
1998, does not indicate the existence of any harmful material.
As to the latter, our assessment of the site suggests that some volume of "rubble" was
placed on the site and that some level of remediation would be required. In our
development program we have taken this prospect into account and built into our budget
the funds necessary to secure an acceptable building base.
In conjunction with the above and as illustrated by our site development plan, Riverview
Place has taken into full account the wetlands which exist on the site and will secure their
protection both during construction and for the longer term of operation. We have neither
an interest in nor an intent to disrupt the existing wetland. In fact, we consider the
existence of the wetland areas to be a part of the natural beauty of the site.
COMMUNITY DEVELOPMENT OPTIONS
During the course of the past several months, our firm spent considerable time investigating
site acquisition options. Our site selection criteria were not terribly rigid, with our foci
being on the following attributes:
I. Compatibility with the needs and conveniences of our client population
2. Affordability, and
3. Site specific and area-related attractiveness.
The population we serve has a demonstrable interest in having residential proximity to
cultural, social, entertainment, healthcare and religious activities. They tend to use public
transportation and while not medically dependent, prefer the peace-of-mind of knowing they
are near a medical facility.
A prospective site must be available at a cost which 'will preserve the "affordable" nature of
the development. Our client population cannot have annual income greater than sixty
percent of the Area (County) Median Income. Over one-third of our tenants will have
annual incomes at or below fifty percent of the Area Median Income.
With the above, prescribed tenant rent requirements, which restrict rent to a maximum of
30% of Annual Income (including utilities), are codified in a Land Use Restriction
Agreement. This agreement is fried at both the state and local levels and is monitored
annually by the Internal Revenue Service.
2
As a consequence, Gross Operating Income is severely restricted by the dbove covenants
and thus, great emphasis ig placed, in the furst instance, on the cost of land.
Lastly, the specific site must be one that is, to some greater degree, itself attractive and
conductive to the lifestyle of the tenant. Similarly, the site must be located within a
proximal environment that is also conducive and supportive.
Over an intense, several month long, site review and analysis period, our firrn located a total
of nine sites. Of the nine sites, only two were in Iowa City proper. Seven sites were in
neighboring Coralville.
Of the two Iowa City sites, one is the subject property herein discussed. Though priced at
$340,000, very high as these types of projects go, it did meet directly two of the criteria
outlined above. The other Iowa City site met only the attractiveness criterion indicated
above and was priced at $1,328,000 (for approximately 7.5 acres), a figure that simply
could not be considered.
We have not pursued the Coralville sites though the alternative remains available. Our
focus is Iowa City. Our tax credit allocation is for Iowa City. Our Federal Home Loan is
for Iowa City, and the greatest need for senior affordable housing - as specifically detailed
in the recent Housing Market Study, conducted for the City of Iowa City - is in Iowa City.
At the recent Commission meeting, a suggestion was made that we wait and take advantage
of City-owned property that may become available in a year.
Under ordinary circumstances this suggestion would be explored. However, our
development plans are entirely limited by the following:
1. The tax credit allocation provided by the Iowa Finance Authority is valid for
the development if it is started by October of calendar year 1998.
This allocation of Federal Housing Tax Credits, only the second su_~2.5'~
allocation of credits ever awarded to Iowa City, forms the foundation of the
equity that we and our corporate investors have committed. ~
2. The Federal Home Loan funds committed by Iowa City and to be committed
by the Iowa Department of Economic Deve!opment are, similar to the above
commitment, time limited. These Commitments, which are difficult to obtain,
exist now. This development would have no guarantee of a similar
commitment one year from now.
PLANNING AND DEVELOPMENT DEPARTMENT REQUIREMENTS
As prescribed by the Planning and Development zoning application process, we were
required to provide a development site plan that conformed to all requirements established
by the City. Our initial site plan was submitted with the belief that each requirement, as
conveyed through the Department's staff, had been met.
Subsequent to the staff review of our application materials, we were informed that a number
of deficiencies and discrepancies (thirteen) remained to be addressed.
While given the option of deferring any revisions to our original plan, revisions that would
remediate the deficiencies and discrepancies, we chose instead to move forward. A revised
site plan, and accompanying narrativ6 was submitted to the Department on July 2: I have
attached, for your convenience, a copy of the above mentioned revisions.
My point in raising the above is to convey both how strong our commitment is to this
development and the extent of our willingness to make certain that every issue is fully and
completely addressed.
To the best of our knowledge every requirement raised by Department staff has been
appropriately addressed - except for that pertaining to Taft Speedway.
We accept the obligation of preserving and protecting the wetland areas that exist on the
site today. Our site plan does precisely that. If, here-to-fore, any wetland area had been
disturbed we could not know of this fact and, more importantly, we could not change
history. What we can say categorically, is that our company would take no part
eliminating a wetland.
TAFT SPEEDWAY
It is an unchallenged fact that Taft Speedway is, for a certain length of its run, below the
100 year flood level. Similarly, the point of connection between Taft Speedway and
Dubuque is also at an elevation below the 100 year flood level.
The position we wish to assert is that two obligations - one by us as developers and one by
the City - do exist.
As developers we must, ultimately, ascertain the efficacy of a development by its investment
risk. In this case the question is, does the fi'equency and duration of an impassable flood
event on Taft Speedway dictate an unacceptable investment risk?
Implicit in the above analysis is the security and well being of our clientele..Without an
extensive consideration of these tenant related factors we could not, ultimately and
realistically, calculate risk.
We have made this calculus, based on very serious and extensive analysis (our investment
risk would be nearly six million dollars) and our conclusions are as presented below:
1. The frequency of an impassable flood event is statistically nominal.
The duration o fan impassable flood event is normally measured in hours,
occasionally in days and extremely rarely in weeks.
Our tenants would be safe and secure during an impassable flood event
because the elevations of our buildings would well exceed the 100 year flood
level.
In the event of a tenant emergency, that occurred during an impassable flood
event and that required either on-site treatment or removal to a medical
facility, we, the owners, would:
a. arrange and bear the cost of transporting such care to the site, or
arrange and bear the cost of transporting the tenant to a medical
facility.
In the event of a very rare long-term impassable flood event the following
would occur:
Where advanced notice, which is most typically the case, is provided
- evacuation and alternate accommodations would be arranged by the
owners.
Where no advance notice is provided - evacuation and alternative
accommodations would be arranged by the owners.
The reciprocating obligation that we believe belongs to the City is that it not hold a
developer (in this case) to a standard of responsibility that the City itself has chose not to
adhere to and abide by.
I refer in this instance to the City's decision not to elevate either Dubuque Street or Taft
Speedway above the 100 year flood level. This fact becomes more poignant when the City
could have done so with a substantial infusion of Federal funds and still chose not to
proceed.
SUMMARY
What I hope to have conveyed to you through the above is, of course, our perspective on
the issues pertaining to the zoning of the subject property.
It has never been our company's policy to use ramrod methods to accomplish its goals.
Instead, we take the approach that reasonable means and cooperative interaction usually
produce reasonable, logical results.
5
Each community we work with has certain unique goals or policy characteristics which they
choose to pursue. We respect that prerogative and expect that it is our rdsponsibility to live
and work within the framework of that prerogative.
In the case of Iowa City, we have assiduously worked to incorporate all of the policy
guidelines that have been conveyed to us by the Planning and Development Department.
We have done so even when the effect of a given guideline, an aesthetic preference for
example, has been to increase the cost of the development.
Our goal is to build quality affordable housing, to meet the requirements of the Federal
government with regard to affordable housing,'and to meet the State and City's
requirements for this housing.
We are also trying to fill what is a significant and demonstrable housing need in the
community. To be certain, we do this to make a return on our investment, a fair return I
will state, and that is as it sh6uld be. What we would not do is create our return at the
expense or endangerment of the people we serve.
The site on which we wish to build, whatever it once may have been, is now an appropriate
and buildable site. It is one that, in and of itself, properly meets the requirements of the City
as fostered through its Planning and Development Department.
What this site does not have is direct access to a street that can be guaranteed never to be
flooded.
We believe, in this regard, that both the inffequency of flooding on Taft Speedway and, as
importantly, the duration of flooding that does occur do not present a clear and
demonstrable impediment either to development on the subject site or the residents who will
ultimately live there.
We further offer that this proposed development is consistent with the existing land uses
evidenced in the neighborhood. I believe the staff report, by the absence of any statements
to the contrary, supports the above statement.
We offer also that the proposed development addresses a significant community need, the
creation of very affordable senior housing, and does so with minimal public financial
support.
I appreciate your time in reading the above and for the opportunity to present what we hope
will be viewed as a reasoned and fair statement of our position.
We would like very much to develop our project in your community and believe strongly
that what we have planned will represent a significant asset to Iowa City. We hope the
collective decision of the Planning and Zoning Commission will permit us the opportunity
to do so.
ms\word~.four~jacity 1\7.8 98 ~'l~ -'
Date: Fri, 24 Jul 1998 06:50:34 -0500
From: David Salisbury <davedee@inav.net>
To: council@blue.weeg.uiowa.edu
Subject: Train Interchange
Is this e-mail address being used? I originally sent this note on July 14
and have not yet received a reply, or even an acknowledgment of receipt.
Please let me know if I should use an alternative method to contact City
Council.
NOTE SENT 7/14/98:
To the Council:
I am writing to ask about the status of the relocation of the train
interchange from Iowa City to a new location near the Amanas. Last year I
spoke with Jeff Davidson, who told me the target date for the relocation to
be complete was November, 1998. Is that still a realistic estimate? Has
the Iowa City Council signed the agreement with the state of Iowa to make
the grant money available? Has the land been purchased and has
construction begun on the new interchange? Will the move from one location
to the other be gradual, or will they just stop switching trains in Iowa
City one day and start in the new location the next? I cannot express how
happy I am that this is going to happen. My family lives at 1432 Laurel
Street. We have endured for years the seemingly endless train whistles at
all hours of day and night, and the blocked intersections are problematic,
especially at rush hour. We will be elated when this activity ceases.
Please reassure me that the project is moving forward and is on schedule.
Thank you!
Sincerely,
David Salisbury
1432 Laurel Street
Iowa City, IA 52240
354-5411
e-mail: davedee@inav.net
July 14, 1998
CITY OF I0 WA CITY
TO ,'
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - MAINTENANCE WORKER I
- TRANSIT
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s) as
eligible for the position of Maintenance Worker I - Transit.
Kirt Hoover
IOWA CITY CIVIL
COMMISSION
SERVICE
Chair
ATTEST:
Marian K. Karr, City Clerk
410 EAST WASHINGTON STREET · IOWA CITY, IOWA ~2240-1826 · (319) 3S6-~000 · FAX (319) 3~6-~009
July 7, 1998
CITY OF I0WA CITY
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - MAINTENANCE WORKER I
- REFUSE
We, the undersigned members of the Civil Service Commission of Iowa
City, Iowa, do hereby certify the following named person(s). as
eligible for the position of Maintenance Worker I - Refuse.
Josh Stratton
IOWA CITY CIVIL SERVICE COMMISSION
Michael Kennedy, Chair
ATTEST:
Marian K. Karr, City Clerk
410 EAST WASHINGTON STREET · IOWA CITY. IOWA :52240-1826 · (319) 3:56-5000 · FAX (319)
July 28, 1998
Joe Bolkcom, Chairperson
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, IA 52240
CITY OF I0WA CITY
Dear Joe and Members of the Board:
An application has been submitted to Johnson County requesting a rezoning of 20.4 acres
from, A1, Rural to RS-10, Suburban Residential, for property located approximately one-half
mile east of Taft Avenue on American Legion Road. The site is located in the Iowa
City/Johnson County Fringe Area B, but outside the City's growth limits.
At its July 16, 1998, meeting, the Iowa City Planning and Zoning Commission recommended,
by a vote of 5-0, that the City Council forward a letter to the Board of Supervisors stating that
the requested rezoning from A1 to RS-10 is inconsistent with the Fringe Area B policy, which
specifies that agricultural uses are preferred on land that is located outside the City's projected
growth area in Fringe Area B. The Corn Suitability Rating (CSR) for the properly is 81, and
propedies with a CSR above 65 are considered worth preserving for agricultural uses. The high
CSR and the location of the property beyond the area likely to be annexed into Iowa City in the
foreseeable future are factors in favor of a continued A1 zoning of the property.
The Fringe Area Agreement does permit RS-10 zoning to be considered in Fringe Area B.
However, cluster development is not specified as an option in Fringe Area B, as is the case in
Fringe Areas A and C. According to County staff, the clustering of two one-acre residential lots
near American Legion Road with the remaining 18 acres designated for agricultural use would
be inconsistent with the Fringe Area Agreement and the County zoning ordinance. If the RS-10
zoning is approved and cluster development is not permitted, the land would have to be
subdivided into two ten-acre lots. Further, the County RS zones do not list farming or agriculture
as a permitted use. Such uses are considered continuing, nonconforming uses in the RS zones.
Dividing the property into two ten-acre residential lots in a zone that does not allow agricultural
uses by right would likely work against the property continuing to be used primarily for
agricultural purposes.
Based on the reasons cited above, Council agrees with the recommendation of the Planning
and Zoning Commission, and therefore respectfully forwards a comment to the Board that the
requested rezoning of the 20.4 acre tract from A1 to RS-10 is inconsistent with the mutually
agreed upon Fringe Area B policy, and the City Council therefore recommends that the RS-10
rezoning be denied.
Ernest W. Lehman
Mayor
ppdadmin%ltr%rnilddtr. doc
410 EAST WASHINGTON STREET '* IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
City of Iowa City
MEMORANDUM
Date: July 16, 1998
To: Planning and Zoning Commission
From: Melody Rockwell, Associate Planner
Re: CZ9831. Milder Rezoning Request
In the memorandum dated July 8, 1998 (for July 16 Commission meeting), staff
recommended that the Milder request to rezone 20.4 acres from A1, Rural, to RS-IO,
Suburban Residential, be approved, subject to the rezoning being implemented consistent
with the rezoning exhibit date-stamped July 9, 1998. As shown on the exhibit, the RS-10
rezoning would cluster two one-acre lots near American Legion Road with the remaining
18.4 acres designated for agricultural use only.
The County zoning staff has indicated that they are recommending denial of the rezoning,
because they consider the rezoning to be inconsistent with the Fringe Area Agreement.
The Milder property is located in Fringe Area B, and the Fringe Area Agreement does not
specify cluster development as an option in Fringe Area B, as is the case in Fringe Areas A
and C. The County staff interpretation of the Fringe Area Agreement is that since cluster
development is not specified as an option in Fringe Area B, it is not permitted. If the RS-10
zoning is approved, the County staff feels the land would have to be subdivided into two
ten-acre lots. Further, the County does not permit deadend streets and would require that
a cul-de-sac be placed at the end of the private road shown on the rezoning exhibit.
Additionally, the County RS zones do not list farming or agriculture as a permitted use.
Such uses are considered continuing, nonconforming uses in the RS zone. Dividing the
property into two ten-acre residential lots, adding a cul-de-sac turnaround and designating
the majority of the property for a use that is not permitted by right in the RS zones
mitigates against the property continuing to be used primarily for agricultural purposes.
Given the high Corn Suitability Rating for this property, the location of the property outside
an area likely to be annexed into Iowa City, and the County staff's indication that the
rezoning exhibit cannot be implemented as shown and be consistent with the Fringe Area
Agreement, staff recommends that the property continue in A1 zoning.
STAFF RECOMMENDATION:
Staff recommends that the City Council forward a letter to the Johnson County Board of
Supervisors recommending that CZ9831, a request to rezone 20.4 acres from A1, Rural, to
RS-10, Suburban Residential, for property located approximately one-half mile east of Taft
Avenue on American Legion Road, be denied, because it is inconsistent with the mutually-
agreed upon Fringe Area Agreement.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
City of Iowa City
MEMORANDUM
Date: July 8, 1998 (for July 16 Commission meeting)
To: Iowa City Planning and Zoning Commission
From: Melody Rockwell, Associate Planner
Re: CZ9831. 4820 American Legion Road
Johnson County has received an application from Gerald Milder to rezone 20.4 acres from A1,
Rural, to RS, Suburban Residential. The property is located approximately one-half mile east of
Taft Avenue and immediately north of American Legion Road. The 20.4 acre properly is part of
a 40+ acre properly. The north 20 acres of the A1-zoned property are not included in the Milder
rezoning request, but are intended to remain as agricultural lands.
The Milder property is located in the extraterritorial two-mile area surrounding Iowa City.
Specifically, the property is located in Fringe Area B, east and just outside of the Iowa City
growth area. The Fringe Area Agreement between Iowa City and Johnson County specifies that
agricultural uses are preferred on land that is located outside the City's projected growth area in
Fringe Area B. The Corn Suitability Rating (CSR) for the property is 81, and properties with a
CSR above 65 are considered worth preserving for agricultural uses. The high CSR and the
location of the property beyond the area likely to be annexed into Iowa City in the foreseeable
future are factors in favor of a continued A1 zoning of the property.
However, two residences have already been constructed on the property. (Up to two residences
are permitted in the County without a rezoning, lot split or subdivision on properties that are 40
acres or more.) The applicant has applied for a residential rezoning to permit the two
residential properties to be subdivided and sold. A residential subdivision is not permitted in
Johnson County under A1 zoning. Essentially, the applicant is requesting that an existing
residential situation be allowed to continue under RS-10 zoning. The Fringe Area policy does
state that consideration will be given to applications for single-family residential development at
a density of RS-10 (1 dwelling unit/10 acres). The proposed rezoning meets the one dwelling
unit per 10 acres requirement. Although the two one-acre residential lots were not developed as
part of a cluster subdivision design, their location close to American Legion Road leaves 18.4
acres of the 20.4 acre tract usable for farming purposes. The access to American Legion Road
is fairly direct, and fortunately is limited to one access point onto the major street for both the
residences and agricultural uses.
The 40-foot wide farm lane easement that is shown on the rezoning exhibit should be sufficient
to serve as a private drive for this primarily agricultural land use. Additionally, a cul-de-sac
shown at the end of the private road on the original rezoning exhibit submittal has been
removed to make it clear that this land with a high CSR that is located outside the urban growth
boundary, is to be used for agricultural purposes. To be consistent with the policy for Fringe
Area B, Outlot A has been designated on the rezoning exhibit to "remain agricultural and be
used for agricultural purposes only."
STAFF RECOMMENDATION:
Staff recommends that the City Council forward a letter to the Johnson County Board of
Supervisors recommending that CZ9831, a request to rezone 20.4 acres from A1, Rural, to RS-
10, Suburban Residential, for property located approximately one-half mile east of Taft Avenue
on American Legion Road, be approved, subject to the rezoning being implemented consistent
with the rezoning exhibit date-stamped July 9, 1998.
ATTACHMENTS:
1. Location Map
2. Application/Attachments
3. Rezoning Exhibit
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
ppdadmin\mem\milderco.doc
CITY OF IOWA CITY
SITE LOCATION: 4820 American Legion Road
CZ9831
JOHNSON COUNTY, IOWA
APPLICATION TO REZONE
DA1
NUMBER:
TO BE FILED WITH THE OFFICE OF THE JOHNSON COUNTY ZONING ADMINISTRATOR.
TO:
JOHNSON COUNTY BOARD OF SUPERVISORS
JOHNSON COUNTY ZONING COMMISSION
IHE UNDERSIGNED IS THE (OWNER, CONTRACT PURCHASER, CONTRACT OWNER, OPTION PURCHASER)
OF THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE UNINCORPORATED AREA OF
scott TOWNSHIP, JOHNSON COUNTY, IOWA AND REQUESTS THAT YOUR COMMISSION
CONSIDER TIlE RECLASSIFICATION OF SAID PROPERTY FROM //i DISTRICT TO E.3/~TM DISTRICT
LOCATED AT (LAYMAN'S DESCRIPTION): Approx. I 3/4 mile east of Iowa,City on
AREA TO BE REZONED IS COMPOSED OF do. V ACRES . ACRE TRACT AND LEGALLY
DESCRIBED AS: (PLEASE AI'rACH LEGAL DESCRIPTION AND SITE PLAN OF AREA TO BE REZONED).
PROPOSED USE: Residential
NAMES AND ADDRESSES OF OWNERS OF RECORD:
Gerald Milder
4820 American Leqion
Iowa City, IA 52240
Road
TIlE APPLICATION SttALL CONTAIN:
A MAP OF LARGE ENOUGH SIZE TO SHOW THE PROPERTY FOR REZONING OUT-LINED IN RED, THE
PROPERTY WITHIN 500 FEET OF THE PROPERTY FOR RE-ZONING OUTLINED IN BLUE
A DIAGRAM DRAWN TO SCALE (NO SMALLER THAN ONE INCH EQUALS ONE HUNDRED FEET)
SHOWING THE LOCATION OF THE PROPOSED OR EXISTING ACCESS TO THE PROPERTY.
A LIST OF NAME AND ADDRESSES OF THOSE PERSONS OWNING PROPERTY WITHIN 500 FEET OF
THE PROPERTY OF THE OWNER OF RECORD.
TWO Ci4ECKS MADE PAYABLE TO THE JOHNSON COUNTY TREASURER: ONE IN THE AMOUNT OF
TEN DOLLARS ($10.00) FOR A REZONING SIGN, THE OTHER IN AN AMOUNT WHICH VARIES
DEPENDING ON THE NATURE OF THE APPLICATION.
A SIGNED RESOLUTION AFFIRMING THE STABILITY OF THE CURRENT ROAD SYSTEM.
A COVER LETTER EXPLAINING THE PURPOSE OF THE APPLICATION.
THE APPLICANT IS TO OBTAIN AND POST THE REZONING SIGN ON THE ABOVE DESCRIBED PROPERTY
WITHIN SEVEN (7 DAYS) FROM FLUNG OF THIS APPLICATION,
OWNER Gerald Milder
CONIRACT OWNER/PURCHASER, OPTION PURCHASER
4820 American Legion
Iowa City, IA 52240
319-351-6261
Road
ADDRESS:
CITY I STATE:
TELEPHONE:
LEGAL DESCRIPTION
A portion or the Southwest one quarter of Section 17, Township 79 North, Range 5 West of the
Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as
follows:
Commencing at the South one--quarter corner of Section 17, Township 79 North, Range 5 West
of the Fifth Principal Meridian, Johnson County, Iowa; Thence NOO'33'lS""E, along the East line
of the West one-half of said Section 17, o distance of 2.39.15 feet to the centerline of American
Legion Road NE; Thence N67"56'OO""W, along said centerline, 606.33 feet to the Point of
Beginning; Thence N00"30'02"1~, 54-8.88 feeL; Thence N89"29'58""W, 130.00 feet; Thence
NOO"30"O2""E, 1287.00 feet; Thence S89"44"57"W, 601.93 feet; Thence S00"52"05'"W, 1287.02
feet; Thence N89'44"57"E, 510.51 feet; Thence 500"05"42"'W, 240.16 feet; Thence Southeasterly,
62.00 feet along an arc of a 120.00 fool radius curve, concave Northeasterly, whose 61.31 foot
chord bears S14"42"25"E; Thence S29"30"27"E, 22.17 feet; Thence Southeasterly, 40.96 feet
along an arc of on 80.00 fool radius curve concave Southwesterly, whose 40.'51 foot chord bears
514'50'29"'E; Thence SO0'IO'31""E, 42.06 feet; Thence S67"56"00""E, 2.96 feet; Thence
S00"05"42"W, 73.53 feet to a point on said centerline; Thence S67'56'00""E, along said
centerline, 200.,33 feet to said Point of Beginning, containing 20.40 acres and subject to
easements and restrictions of record.
[,:o FiLED
JUN 11 1998
-- T, .....,,: .TTZ"'
1"; IOOO'
L_
Gerald & Pauline Milder
r
NOTE:
TO BE PLATTED ON THE FINAL PLAT
AS DUll. aT B.
CURRENT ZONING A-1
PROPOSED ZONING A-1
T
tR US
Ci
c, 12o.o~' ;;:,; ~,,,1'
c~C
61.31 '
40,51 '
40. aT
60, i6'
L5 Se_';_'~,,'00'E 2=1~' _
NOTE:
OUll. OTA W~I I REMAIN AGRICULTURE
AND BE USED FOR AGRICULTURAL
PURPOSES ONLY
SH, iO'2e"I~
29'10'56'
AREA SUMMARY
REZONING
OUTLeT A
AREA -
18.40 ACRES
CURRENT ZONING: A1
PROPOSED ZONING: RS-IO
REQUESTED BY: GERALD MILDER
LOT 2E~
REZONING EXHIBIT
TO JOHNSON COUNTY, I0WA
LEGAL DESCRIPTION
A portion of the Southwest one quarter of Section 17 Township 79 North, Range 5 West of the
Fifth Principal Meridian, Johnson County, Iowa, the boundaries of which are described as
follows:
Commencing at the South one-quarter corner of Section 17, Township 79 North, Range 5 West
of the Fifth Principal Meridian, Johnson County, Iowa; Thence NOO*33'lS"E, along the East line
of the West one--half of said Section 17, e distance of 239.15 feet to the centerline of American
Legion Rood NE; Thence N67'56'OO"W, along said centerline, 606.33 feet to the Paint of
Beginning; Thence NOO'30'O2"E. 548.B8 feet; Thence NBS'29'58"W, 150.00 feet; Thence
NOO'30'O2"E. 1287.00 feet; Thence S89'44'57"W. 601.93 feet; Thence S00'52'05"W, 1287,02
feet; Thence NBS'44'5?"E, 510.51 feet; Thence S00'05'42"W, 240.16 feet; Thence Southeasterly,
62.00 feet along on arc of o 120.00 foot radius curve. concave Northeasterly, whose 61.31 foot
chord bears S14'42'2Y'E; Thence S29'30'2T'E. 22.17 feet; Thence Southeasterly, 40.96 feet
along on arc of an 80.00 toot radius curve concave Southwesterly. whose 40.51 foot chord bears
S14'50'29"E; Thence S00'10'31'E, 42.06 feet; Thence S67'56'00"E, 2.96 feet; Thence
S00'05'42"W, 73.33 feet to o point on sold centerllne; Thence S67'56'00"E. along said
centerline, 200.33 feet to said Point of Beginning. contoining 20.40 acres and subject to
easements and restrictions of record.
WOOD
SHOP
25.0'
AGRICULT1JRAL
AREA =
1.00 ACRES
LEGEND AND NOTES
· - PeoPet~ (~e~et(s~ FOUND
(s/e' km Ph =/LS
- - --: ~
............. -- RffiHT-0F-WAY
........................... DISllN~iTLINEX
EItROROFO.09,JREISLESSlI'IAN1F00Tt420,000FEET
JUL 0 9 i998
P.C.D. DEPA~TMEN.._T_
NOllE:
ACCESS ~11 MEET JOHNSON COUNTY
RURAL DESIGN STANDARDS.
7/07 PER CITY/COUNTY REV,