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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) This is a multi-part message in MIME format. --part0_900434934_boundary Content-ID: <0_900434934@inet_out.mail.aol.com.1> Content-type: text/plain; charset=US-ASCII --part0_900434934_boundary Content-ID: <0_900434934@ineLout.maiI.aol.com.2> Content-type: message/rfc822 Content-transfer-encoding: 7bit Content-disposition: inline Return-Path: <majordom@yosemite.leepfrog.com> Received: from rly-zc02.mx.aol.com (rly-zc02.mail.aol.com [172.31.33.2]) by air-zc02.mail.aol.com (v45.18) with SMTP; Tue, 14 Jul 1998 11:58:40 -0400 Received: from yosemite.leepfrog.com (yosemite.leepfrog.com [204.71.109.26]) by rly-zc02.mx.aol.com (8.8.8/8.8.5/AOL-4.0.O) with ESMTP id LAA04053; Tue, 14 Jul 1998 11:58:18 -0400 (EDT) Received: by yosemite.leepfrog.com (1.37.109.24/16.2) id AA149451836; Tue, 14 Jul 1998 11:57:16 -0400 Received: from soli.inav.net by yosemite.leepfrog.com with ESMTP (1.37.109.24/16.2) id AA149411831; Tue, 14 Jul 1998 10:57:12 -0500 Received: from inav.net (dip319.inav.net [205.160.208.189]) by soli.inav.net (8.8.7/8.6.12) with ESMTP id KAA25530 for <jcnews@yosemite.leepfrog.com>; Tue, 14 Jul 1998 10:57:16 -0500 Message-Id: <35AB8DA6.AFFA48DA@inav.net> Date: Tue, 14 Jul 1998 10:56:05 -0600 From: john robertson <jroberts@INAV.NET> X-Mailer: Mozilla 4.04 (Macintosh; I; PPC) To: jcnews@yosemite.leepfrog.com Subject: Re: JCNEWS: Penn State riots (long) References: <35A93DFD.5782D3A7@plutonium.net> <v03130304blcfe3f14dc7@[206.26.104.46] > -- 1 -- Thu, 16 Jul 1998 07:53:49 Sender: jcnews@yosemite.leepfrog.com Errors-To: majordom@yosemite.leepfrog.com Precedence: bulk Reply-To: jcnews@yosemite.leepfrog.com Mime-Version: 1.0 Content-type: text/plain; charset=US-ASCII Content-transfer-encoding: 7bit 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,