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HomeMy WebLinkAbout1998-10-06 Correspondence.... 501 Kimball Road Iowa City, IA 52245 September 20, 1998 City Council City of Iowa City 410 East Washington St. Iowa City, IA 52240 Dear City Council: We are writing to thank you for constructing a sidewalk on the east side of Dubuque Street between Kimball Road and Park Road. We often have to cross Dubuque, sometimes at night, and in the past had to dodge vehicles speeding along Dubuque. The new sidewalk ensures that we may walk over to the new pedestrian crossing at Park Road and cross more safely there. We do wonder, however, why the sidewalk did not continue to extend up Dubuque and connect with the rest of the northbound sidewalk on the east side of Dubuque. Similarly, it would have made sense to have it go at least to the other side of Park Road so that pedestrians could cross there as well as on the North side of Park. We would support further extensions on behalf of pedestrians. Sincerely, Nathan Eugene Savin usan nz e A COMMUNITY AND CAMPUS COALITION TO REDUCE BINGE DRINKING Executive Members Carolyn Cavitt, Chair jim Clayton Maxy Sue Coleman Dale Helling Phillip E. Jones Julie Keamey, Evaluator Pat Ketcham Mary Khowassah Ernie Lehman Dick Myers Julie Phye, Project Coordinator Joan VandenBerg September 25, 1998 Dear Councilor, We are encouraged by your consideration of and interest in solutions to reducing the large, out-of-control parties that occur in our community. In implementing policy that will help keep such parties manageable and civil there are also unseen benefits in prevented physical assault, sexual assault and property damage. In past discussions we have heard council concerned that the proposed nuisance ordinance is unfairly targeting students and will not be popular with them. While that is a reasonable assumption we have enclosed evidence to the contrary. Please note the large number of student who support such measures. These responses are exclusively from University of Iowa students solicited by the Harvard School of Public Health through a random sample in March of 1997. As you can see from the chart, students do want party hosts to be responsible and they are in favor of strict enforcement. Support however, varies by the amount a student drinks. Your decision will provide not only a needed tool for the police to assist community residents, it also speaks for the many students who are placed in the awkward position of standing up to a minority of destructive peers. We offer this data for your consideration. Sincerely, Carolyn Cavitt Chair Coordinator Brian White J. Patrick White Support of School Control Policies 100% 90% 80% 70% 60% 50% 40% -- 30% 20% 10% 0% Enforce Rules Strictly Crackdown on Greeks Make Hosts Responsible Crackdown on Underage Drinking [] Non-Drinkers · Non-Bingers · Bingers Frequent Bingers To: Mayor Lehman and the Iowa City Council 410 East Washington Street Iowa City, Iowa 52240 Attention: City Clerk From: FAP Enterprises, Inc. D b a Gasby's Date: September 25, 1998 Re: South Gilbert Street Project Dear Mayor and members of the Iowa City Council: First of all, thank you for your effort to improve the traffic safety on South Gilbert Street and in soliciting public input regarding the issues and concerns generated by this effort. You are all aware, I'm sure, that the success of a convenience store such as Gasby's depends on high traffic, high visibility and high accessibility. Because of these requirements, hnprovement Alternative # 1 would have the least negative impact on our business. Alternative #4 would be a major problem if there is no direct access to Gasby's for the northbound traffic. Alternative #3 is not acceptable to us for the obvious reasons it would close this locally owned business and put 9-10 people out of work. Once again, thank your for your consideration of our concerns. An acknowledgement that you received this letter will be greatly appreciated. ~a~/~. Fink FAP Enterprises, Inc. ADVANCED ELECTRICAL SERVICES, INC. Electrical Contracting & Service Company September 30, 1998 Iowa City City Council Civic Center Iowa City, IA 52240 RE: Gilbert Street reconstruction alternatives We would like to voice our objection to Alternative 4. We bought the building at 1233 Gilbert Court because we have outgrown our building at 1222 Gilbert Court. We especially need the space and it is centrally located for our business. As we discussed with Mr. Stout; whacking off a depth of 50' x the width of the back of the building would cause us to have to relocate our business. We need a minimum of 10,000 square feet of warehouse. If Alternative 4 is used you would have to buy the whole building or relocate us to a building with 10,000 square feet warehouse plus 3,000 square feet office area because it would take too much area from our building, outside storage area and parking to make it feasible for our business to operate at this location. We also have another objection. As taxpayers we object to the projected costs. Alternative 1 and 3 are each only 39% of the projected $3,743,000 for Altemative 4. That is a low side estimate. We were told in the September 8th public meeting that those costs are only for the mad costs. No acquisition of property is figured into that estimate. Hopefully you will take that into consideration. We know that you are not taking this project lightly. Another suggestion would be to take Dodge Street though to Keokuk and Hwy 6 or Boyrum intersections. Please take a hard look at the costs along with the safety factors. Pat & Cathie Moore (319) 351-6452 · 1222 Gilbert Court · Iowa City, IA 52240 To: City Council Members From: Robert Wheeler and Julie Lansing (Home owners at 804 Hudson Ave, Iowa City) Re: Benton Street Improvement Project Hello, My name is Robert Wheeter, Julie Lansing, my fiance, and myself reside mn the house at 804 Hudson Ave. (On the corner of Hudson and Benton Street) We would like to express our concerns to you, the City Council, regarding the proposed Benton Street Improvement Project. The issues involved with this project, needless to say, are numerous and complex. I am certain, as informed Council memebers, that you are aware of the many legitimate ideas and concerns that abound on both sides of this issue. Julie and myself, however, would like to make you aware of one particular issue that is very prevalent in our minds. This issue is our physical safety, both in the confines of our house and outside in the yard and driveway. The speed of cars traveling eastbound on Benton routinely exceed the posted limit. Combining these high speeds with inclement weather and the force of gravity exerted by the steep grade of Benton street makes for an extremely unstable driving surface. Many is the morning, after either a heavy night time rain shower or icy and slippery winter weather, that we have found wheel tracks uncomfortabley close to our house and bedroom. You can, I'm certain, imagine our tredidation and fear at the thought of having less than under control vehicles traveling another 10, 12, 15 feet closer to our property. In addition, our driveway and garage are positioned such that any widening of the adjacent street would render them unusable. we are also concerned about losing our privacy shrubs and trees located along the sidewalk on Benton street. As, resonsible and conscientious citizens of the community we love, we harbor no illusions that our concerns outweigh those of all residents of Iowa City. This is just our attempt to provide you with another perspective as you struggle with this difficult decision. Please provide us with information as to best continue to provide input into this decision making process. You can contact us also at our home phone nun~er, 354-0648. Sincerely, Robert Wheeler and Julie Lansing B3/30/1BB4 85:11 3193546018 J SILLIWAN PAGE 81 PR__I~; R~.~.ASE: September 26, 1999. To the Iowa City Council, When the City Council recently ~_iled to reappoint Dan Coleman to the Housing and Community Development Comn~sion, you made a serious error-one that hurts all area residents. The right to adequate and affordable housing is one of the most ftmdamental human rights we possess. Coleman has time and again proven himself to be a forceful voice for housing rights. Council explanations for removing Coleman have been inadequate at best and offensive at wont. We ask you to reverse your ill-considered action and reappoint Coleman. Serving on a at), commission is a largely thankless Job. Council should be doing everything in its power to encourage drizens like Dan Colenman--brlght, committed, thoughtful-to serve, not pushing them aside for poliUcal and petty personal naa_sons. Sincerely, '3~~ tc ~-~c~ Dorothy Patti and Jael Silltrnan for Human Rights Iowa City. (Human Rights Iowa City (HRIC) is a local community organization founc~ed n3 celebrate the upcoming 50th anniversary of the United Nations, Universal Declaration of Human Rights). For more information, call Dorothy Paul at 337-7290. City of Iowa City MEMORANDUM Date: To: From: Re: October 1, 1998 City Clerk Doug Ripley, JCCOG Traffic Engineering Planner y Removal of Parking Prohibition on the South Side of Highland Avenue As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council of the following action. Unless directed otherwise by the City Council, this action will occur on or shortly after October 15, 1998. Action Pursuant to Section 9-1-3A(10) of the City Code, signage will be removed indicating "No Parking Any Time" on the south side of Highland Avenue from Boyrum to Yewell. Comment This action is being taken as part of the traffic calming proposal for Highland Avenue. If the Highland Avenue traffic calming measures are approved October 5, isolated "No Parking" zones will be required. If not approved, then this action will not be implemented. Im\mem\dffi-29.doc September 23, 1998 CITY OF I0 I/VA CITY RE: The Honorable Mayor and the City Council Civil Service Entrance Examination - PROGRAM SUPERVISOR 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 Program Supervisor. Christopher Beemer ATTEST: Marlan Karr, City Clerk IOWA CITY CIVIL e d · SERVICE Chair 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-|826 · (319) 356-3000 · FAX (319) 356-5009 September 23, 1998 CITY OF I0 WA CITY RE: The Honorable Mayor and the City Council Civil Service Entrance Examination - Z,~INTENANCE WORKER I - SOLID WASTE 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 - Solid Waste. Michael Edwards IOWA CITY CIVIL COMMISSION Mic~aQ~~y, SERVICE Chair ATTEST: ~Karr, 'City Clerk 410 EAST WASHINGTON STREET · IOWA CITY, IOWA ~2240ol826 · (319) 3~6-:5000 · FAX (319) 356-5009 Steve's Typewriter & Office Furniture Company 816 South Gf0ert 5treat · Iowa City. IA 52240 · {319i 351-7929 · Fax G19) 1998 gity oF Iowa City City Cmuncil ATT: Council Members Fax 358-5009 Goncerning The Gilbert Street widening or one way. Your plan choices arc one three $ four. Number four would put ms out oF bualneas with you all of the parking out behind my building plus there would not be say loading oP unloadlag for equipment. Also the to the apartmonte would have to be moved in aome way other WiSe the exit would come out on the Personal}y: ell three plans are not very good in my There should be some mlnoP things done until s good plan drawn, up, Like putting in atop lights at Beaten B Gilbert street along with no left hand turns st that intersection. Also no left had turns st Highland ave. at Gilbert I am much mops swaps whets going on from kirkwood north than South of that point. Like I f~rat ateted the one way would take me eompletly out of Thanks for listing to me. Dave Stave 81~ SoUth Gilbert 5treat Iowa City, Iowa JOAN JEHLE 1167 EAST JEFFERSON STREET IOWA CITY, IOWA 52245 338-5331 Tuesday, October 6, 1998 Steve Atkins, City Manager and City Council members Dear Steve and City Council members: You no doubt will all be dismayed to learn that I have adopted a new cause! Since my daughter, Susan Jehle and son-in-law, Chris Dautremont purchased their first home and moved into the north Kimball Road neighborhood (536 Kimball Rd.), I have stayed in the background and watched them fight their own battles. However, they were out of town Friday October 2nd through Sunday October 4th and I was entrusted with the care of the cat, mail pickup and checking of the property. I was in their house at the above address until at least 11PM Friday evening. At approximately 3 AM Saturday morning, I received a call from my daughter-in-law (the police department dispatcher on duty at the time) telling me that the police were trying to locate Susan and Chris and that the neighbors thought they were out of town. I did not go to the accident scene at that hour of the morning. When I arrived on the scene at 7:30 AM Saturday morning, I became horrified and angry at the same time and very thankful that I had left the house at 11PM the night before. I had been sitting in the very corner of the living room which was struck and damaged. I will recreate the scene for you and ask that you also look for yourselves at the path of destruction. If you drive from the south end of Kimball Road past the intersection with Governor Street, to the 500 block of Kimball Road, you can visually see the path of destruction. Shortly after 2 AM Saturday morning, a car failed to negotiate the curve at 536 Kimball Road and became airborn through my family's front lawn smashing beautiful, full grown trees and plantings, tossing large sections of limestone wall and car parts which tore off the front porch railings, made large gouges in the aluminum siding and shattered living room windows. The car then landed again on the far north side of their front lawn, bounced and landed on top of the neighbor's car on the driveway just to the north of my family's property. Was the driver speeding? Yes, perhaps 70+ miles per hour. Was the driver drunk? Preliminary indications are that he was. Was he pinned in his car? Yes. Was he hurt? He was removed to the hospital and is either still in the hospital or in the jail. Was he from out of town? We have no facts yet (the police report has not been filed yet awaiting results of blood tests) but the rumor is that he lives in a neighborhood just north of Kimball Road. Was he familiar with the neighborhood? Yes, if the rumor is true. This is not the first such incident. Since 1991, this is the 4th incident and certainly the worst. My family has built a "fort" in order to protect themselves as much as possible. They have huge boulders positioned at each front corner of of their lawn. They had a limestone wall with re-rod imbedded in it, they had fences on several sides of their front lawn. They have asked for help from the city following previous incidents and have been denied assistance of any sort. I am hopeful that all of you can assist my daughter and son-in-law in getting some city help with this problem. Page 2 As you drive north on Kimball Road, please notice that there are no signs indicating a curve, no arrows, no reflectivesignage or markings of any sort. I don't believe there is even a speed sign if you turn north onto Kimball Road from Governor Street. The posted speed limit on lower Kimball Road is 25 miles per hour which is too high for even that area. In the neighborhood north of Governor Street, 25 miles per hour is much too high in the area of the curve especially if you happen to meet a city bus at that point. My family has been told there isn't room on or near their propoerty to help protect £~.om accidents of this sort. Don't tell us it requires a study and don't tell us there is no room for some solution. Yes, we know the street is too narrow and the sidewalk is too close to the street. Yes, the neighbors knew the hazards when they moved into the neighborhood. People chose to move to the Kimball Road neighborhood because of the age, charm and history of the area. Property owners in any area deserve to be protected from dangerous traffic and damage to their own personal property. I believe the city has been remiss in not providing any visable element of speed and traffic control on north Kimball Road. Here is the chronology of the accidents causing property damage to my family's front yard: 1992 - a hit and run accident. No-one tohold accountable. 1994 - Paul Roman, reckless driving. Homeowner asked to testify. 1996 - Scott Johnson - drove car from the scene but license number was recorded by neighbor. DWI but he claimed that a tie-rod broke. Police had no proof/no charges filed. Johnson wrote personal check so that claim would not go through on his insurance. 1998 - Name not known yet. Drunk, speeding, may not be insured! How many times will Allied Insurance Company pay my family's property claims? Will their insurance rates be significantly increased because of accidents over which they exercised as much control as possible with the use of boulders, walls and fences. I am convinced that had the large boulder on the south side of their yard not been there to deflect the car Saturday morning, it would have only stopped after it plowed its way into their living room. Would speed and traffic control have prevented Saturday morning's accident? Perhaps not but anything reflective might have reminded the driver of the curve in time for him to respond in a defensive manner. He was conscious when neighbors reached him in his car and his first comment was, "I need help with my drinking". Let's work on something together to lower the chances of this happening again. There is a major curve in this narrow street yet there is no sign to alert you, no reflective sign to warn you, no reflective paint on the edge of the road or the curb, no arrows, no reflective steel posts, no reduced speed sign (no speed sign at all), no stop sign for any traffic at the intersection of Governor and Kimball Road. Yes, there is a yield sign which is ignored by every driver but me! I see quite a few signs warning of school children in the are but frankly, I wouldn't want my children or grandchildren walking in this area. In the north neighborhood, 536 Kimball Road is known as the gingerbread house and neighbors have marveled at the changes to the house and yard during the past 7 years. As word spread on Saturday morning, neighbors from far and wide stopped to express their horror and concern. You no doubt will hear from some of ~em. It would be a wonderful and vocal group to organize and parade beforeyou ~ a Council meeting but I sincerely hope that won't be necessary. ~--~c~ c-~ ~ Thank you for your assistance in this matter. Sincerely, PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully request the council .qive priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME ADDRESS TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer manaclement program is deemed necessary, we resl~ectfullv request the council .qive orioritv to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME ADDRESS ~-2 L,' ,/,,,,, /- :._,47s ~ '?>,t; _ f" ace C-, G~;~'n,~'t ~'t - TELEPHONE -35 ~; -ts'to 55'i-&26C" '~7 PETITION TO STOP SHARPSHOOTING IN IOWA CITY ~..~., We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management pro.qram is deemed necessary, we respectfully re.quest the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. 15. 16. 17. ;18. 19. 20. NAME _3. 11. 13, t, :' (.) ..... ADDRESS TELEPHONE .X -5'8- ?q-r-v ,,3,3'1-8q,38 PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management pro.qram is deemed necessary, we respectfully reqquest the council .qive priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAlVFE ADDRESS TELEPHONE % c57 - ~ ~, ,,,? k7 y5'3-3 55 ,J?) 7-c. 7 ~ r ' PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer mana.qement program is deemed necessary, we respectfulIV request the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME ADDRESS {~"~ '~b[c3-v~ .-,--'- W ( 61,.., 't '-t 7./- ;,-~,., -H 4C~' TELEPHONE 3 s"g. ¢r '7 ~ 9 D5?--5 7',.sc 353- %~.ci · PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community, If a deer mana.qement program is deemed necessary, we respectfully request the council .qive priodtV to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educa{ional seminars and materials, deer crossing signs, and street reflectors, NAME 1. 2. 3. 4. 6. 7. 8. 9. 10. ,/ 15. ADDRESS c~ / TELEPHONE ,.:- 16. 17. 18. 19. 20. PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer mana.ciement program is deemed necessan/, we respectfully request the council .qive pdoritV to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. 11. 12. ADDRESS TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer mana.qement DroClram is deemed necessary, we respectfully request the council .qive pdoritV to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NA~"YI'E x. 14. ADDRESS TELEPHONE 2tt> ;~- L.~<:.,.- s s-(-- RZ-- / PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully recluest the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. if a deer management pro.clram is deemed necessary, we respectfully request the council .qive pdoritv to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. 12. 13. 14. I--;. 16. 17. ADDRESS lcro 1( .,Cb ~,'rler Hptl lot9 ( u v ~,','ck t-i ,-,1t ff->n Ci:_r f, rdf 14 o i! d ~.,-:., % TELEPHONE ~',%'~. ::~% :~- O~L/2____' .353 - o % ~ 385' 18. 19. 20. PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer manaclement pro.clram is deemed necessary, we respectfully request the council .qive pdoritv to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully request the council .qive priodty to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. ADDRESS TELEPHONE 2, '12z3 ~ ,~ , C, _95' I'-/35,Y C, 10, 12. 13. 14. 15. 16. 17. 18. 19. 20. :~ ~xro PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our .community. If a deer management program is deemed necessary, we respectfully request that the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME ADDRESS TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer manaqement program is deemed necessary, we resDectfullV recluest the council fiive priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAi~'E ADDRESS 8. .~4,44~444q 9.-, 1 I. ~~~ 14. ~/ 17. ~~ ~~ 18. ~~ ~ 19. ~ '~ TELEPHONE 55Z-- PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessarV, we respectfully request the council mive pdoritV to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME 1./~ O'X/v/ C;f;e e,~-~ !d~ 2. 3. 4. ADDRESS TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer manaqement program is deemed necessary, we respectfully request the council give pdodty to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. ADDRESS TELEPHONE PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City CounsiI our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully request that the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME 7. 8. 9. 10. 11. 12. 13. ADDRESS TELEPHONE .o:o ""' ] i 7/~ rn,.~ ;d,' LT./' TM C./' PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully request the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. 5. 6. 7. -~8. NA~,IE 3. F"-~ · { "~7' / ADDRESS / o O ,~ /,." 'c re >'t~ ~' 4: r , '~ / ,'~)-' (_:: .,:/" .% ,-~, -:- TELEPHON'E :: (qc? ! 2- / PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Counsil our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary. we respectfully request that the council give priority to nonlethal methods of abatement. including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. , TELEPHONE ' ;,2 /-d Y( - '::. Q/.,,{. - s51~ - 136 3 y(e' - 3 ql- ZZ,, ¢,2 - s-r~ 8z_]/ 07 1,~ PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Counsil our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management program is deemed necessary, we respectfully request that the council give priority to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAME /~ 18. ~ ~ ADDRESS /9/o TELEPHONE Ib\,, PETITION TO STOP SHARPSHOOTING IN IOWA CITY We the undersigned residents of Iowa City wish to express to the Iowa City City Council our opposition to the use of any lethal means, including sharpshooting, in an attempt to control deer in our community. If a deer management proqram is deemed necessarV, we reslaectfullV request the council .clive Drioritv to nonlethal methods of abatement, including development of wildlife corridors, repellents, netting, allowance of higher fencing, fertility control, educational seminars and materials, deer crossing signs, and street reflectors. NAi~E ADDRESS TELEPHONE October 6, 1998 Joe Bolkcom, Chairperson Johnson County Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 Dear Joe and Members of the Board: CITY OF I0 WA CITY Last summer, an application was 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. At the applicant's request, the Planning and Zoning Commission reconsidered the rezoning request on September 17, 1998, and on a vote of 4-2, again recommended that the City Council forward a letter to the Board of Supervisors recommending denial of the requested rezoning. The reasons for this recommendation are the same as those set forth in the July 28, 1998, letter from the Iowa City City Council to the Johnson County Board of Supervisors concerning the Milder rezoning request. The Council continues to agree 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-IO rezoning be denied. On September 17, in an auxiliary motion, the Iowa City Planning and Zoning Commission expressed an interest in investigating whether situations like the Milder case could be resolved in a way that is not contrary to the intent of the Fringe Area Agreement. The Commission asked that the City and County jointly consider alternative resolutions to this type of situation. The Council is supportive of the Commission's suggestion, and therefore requests that County and City staff review this aspect of the Fringe Area Agreement and/or the way the Agreement is implemented to determine if there can be practical solutions in place should this type of case arise in the future. Sincerely, Ernest W. Lehman Mayor jw4tdel-bolk.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: To: From: Re: August 27, 1998 (for September 3 Commission Meeting) Iowa City Planning and Zoning Commission Melody Rockwell, Associate Planner CZ9831. 4820 American Legion Road Gerald Milder is requesting that the Iowa City Planning and Zoning Commission reconsider its July 16 recommendation to deny his application to rezone 20.4 acres from A1, Rural, to RS-10, Suburban Residential for property located one-half mile east of Taft Avenue on American Legion Road. Mr. Milder feels that he was denied due process; that he and his representatives did not have a fair opportunity to make their case to the Iowa City Planning and Zoning Commission and the City Council. The Johnson County Planning and Zoning Commission has deferred its consideration of the case to allow Mr. Milder the opportunity to plead his case to the City, and the County staff referred the case back to the City for its review and comment. A letter from the applicant's representative is attached. Because of the way the two existing residences on the property are clustered close to the road and the indication that most of the 40-acre property would be preserved for agricultural use, staff had originally recommended approval of the rezoning. However, following the Commission's July 13 informal meeting on this item, City staff were contacted by Johnson County zoning staff with concerns that had been raised by Johnson County Planning and Zoning Commission members, who felt the Milder rezoning would constitute a violation of the Johnson County-Iowa City Fringe Area Agreement. A copy of the July 13, 1998, minutes of the Johnson County Planning and Zoning Commission are attached for your review. Given the way the County staff intended to implement the rezoning if it were approved, City staff drafted a memorandum to the Iowa City Planning and Zoning Commission, which was distributed to the Commission at its Thursday night formal meeting on July 16. A copy of the memorandum is attached. This memorandum sets forth the reasons staff changed its recommendation from approval to denial. Staff assumed that the applicant or his representatives would be present at the Iowa City Commission meeting to receive a copy of the memorandum containing the revised recommendation and observe the action of the Commission on this case. The applicant's representatives assumed that the recommendation for approval that they received in the mail and was discussed at the Commission's informal meeting on July 13 made it unnecessary from them to attend the formal meeting. Apparently, Mr. Milder and his representatives were unaware of the Iowa City Commission's recommendation to deny the Milder rezoning until the August 10 Johnson County Planning and Zoning Commission meeting, where they received a copy of the July 28 letter from the City Council to the Board of Supervisors that recommended denial of the rezoning. A copy of the letter is attached. Because they relied on the original City staff recommendation for approval and the discussion by the Iowa City Commission at its informal meeting as an indication that the rezoning would be recommended for approval, Mr. Milder and his representatives felt there was no need to make a case. Now, they ask that in fairness, they be given an opportunity to present their arguments in favor of the rezoning to the Iowa City Commission and Council. STAFF RECOMMENDATION: For the reasons cited in the July 16 staff memorandum recommending denial, staff continues to recommend 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 ATTACHMENTS: 1. Location Map 2. Applicant's Letter Requesting Reconsideration 3. Application/Attachments 4. July 13 Johnson County Planning and Zoning Commission Minutes 5. July 16 Staff Memorandum Recommending Denial 6. July 28 Letter from Mayor Lehman to Johnson County Board Recommending Denial of Supervisors Ji 0 rr 0 0 MMS CONSULTANTS, INC. s. GILBERT STREET · IOWA CITY , IOWA 52240-4363 OFFICE 319-351-8282 F.A:X: 319-351-8476 August 27, 1998 Robert D. Mickelmn L.S. (Retired) Larry R. Sclmittjef L.A. Christopher M. Stephen P.E. Glen D. Meisner L.S & PE. Paul V. Andsnon P.E. Edwm'd H. BRaton P.E D~vid J. Biehl L A. James E. Lichty L.S. Ronald L Amelon P,E. Z r~ Z Melody Rockwell Associate Planner Planning and Community Development Department 410 E. Washington Street Iowa City, Iowa 52240 Re: CZ983 I, 4872 American Legion Road Gerald & Pauline Milder Dear Melody: Thank you for allowing me to write this letter on behalf of Gerald and Pauline Milder. We respectfully ask that our rezoning application be reviewed again by your staff as well as the City of Iowa City Council Members. 1 will quickly summarize some of the events that has lead up to our request as follows: Received the written staff report from your office concerning this case dated July 8, 1998, indicating a recommendation for approval. , Larry Schnittjer from our office attended the informal Planning and Zoning Commission meeting on July 13, 1998. The Planning and Zoning Commission informally indicated that there was no problem with our proposed rezoning. Johnson County Planning and Zoning Commission tabled action on said application on July 13, 1998 to receive Iowa City's recommendation. I reported that the staff report from lowa City recommended approval. On August 10, 1998 at about 10:00 am, I was informed by Johnson County Planning office that they had received a letter from the City of Iowa City recommending denial by Johnson County Board of Supervisors. On August 10, 1998, Gerald Milder and I attended the Johnson County Planning and Zoning Commission meeting. We pleaded to again table this project until we could be heard by the City of Iowa City. The commission granted our request to table. It was at this point that I called you requesting to be heard by Iowa City since there was a change of mind by staff and Iowa City Planning and Zoning Commission. The City Council followed your recommendations, naturally. We were unaware of the change of mind by staff and Planning & Zoning Commission, therefore we did not attend the formal Planning and Zoning Commission meeting or the Council meeting. We acknowledge that you have no obligation to notify us of the change of minds, we do, however, ask that we have the opportunity to be heard again. Please notify the Milders and me about the next meeting that we should attend. I would like to thank you in advance for all of your efforts in making sure we have the opportunity to present our case. Respectfully submitted; Glen D. Meisner, P.E. & L.S. cc: Gerald & Pauline Milder 4872 American Legion Road Iowa City, Iowa Douglas Ruppert 2958005m.01 JOHNSON COUNTY, IOWA APPLICATION TO REZONE NUMBER: ,.- TO BE FILED W1TH THE OFFICE OF THE JOHNSON COUNTY ZONING ADMINISTRATOR. TO: JOHNSON COUNTY BOARD OF SUPERVISORS JOHNSON COUNTY ZONING COMMISSION TI-IE UNDERSIGNED IS THE (OWNER, CONTRACT PURCHASER, CONTRACT OWNER, OPTION PURCHASER) OF TFE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE UNINCORPORATED AREA OF Scott TOWNSHIP, JOHNSON COUNTY, IOWA AND REQUESTS THAT YOUR COMMISSION CONSIDER THE RECLASSIFICATION OF SAID PROPERTY FROM /1/ DISTRICT TO L,',3/c' DISTRICT LOCATED AT (LAYMAN'S DESCRIPTION): Approx. I 3/4 mil~ east of Iowa CiFy nn AREA TO BE REZONED IS COMPOSED OF ,,?o. ,-/ ACRES · ACE TR AND LEGALLY DESCRIBED AS: (PLEASE ATTACH LEGAL DESCRIPTIOH AND SITE PLAN OF AREA TO BE REZONED). PROPOSED USE: Residential NAMES AND ADDRESSES OF OWNERS OF RECORD: Gerald Mi]dPr 4820 American Leqion Iowa City, IA 52240 Road THE APPLICATION SHALL 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 CHECKS 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 LEFI'ER EXPLAINING THE PURPOSE OF THE APPLICATION. THE APPUCANT IS TO OBTAIN AND POST THE REZONING SIGN ON THE ABOVE DESCRIBED PROPERTY WITHIN SEVEN (7 DAYS) FROM FLUNG OF THIS APPUCATION. OWNER Gerald Milder CONTRACT OWNER/PURCHASER, OPTION PURCHASER ADDRESS: 4820 American Legion Road CITY/STATE: Zowa City, IA 52240 TELEPHONE: AGENT ~ I1 1998_ , 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 Merldlon, Johnson County, Iowa; Thence NOO'3.t'15"E, along the East line of the West one-half of said Section 17, o distance of 239.15 feet to the centerline of Amerlc0n Legion Road NE; Thence N67'56'OO"W, along said centerline, 606.33 feet to the Point of Beginning; Thence NOO'30'O2"E~, 54-8.88 feet; Thence N89'29'58"W, 130.OO feet; Thence NOO'30'02"E, 1287.00 feet; Thence S89'44'57"W, 601.93 feet; Thence SOO'52'05"W, 1287.O2 feet; Thence N89'44'57"E, 510.51 feet; Thence S00'05'¢2"W, 240.16 feet; Thence Southeasterly, 62.00 feet along on arc of a 120.00 foot radius curve, concave Northeasterly, whose 61.31 foot chord bears S14'42'23"E; Thence S29'.10'27"E, 22.17 feet; Thence Southeasterly, 40.96 feet along on arc of an 80.00 foot radius curve concave Southwesterly, whose 40.51 foot chord bears S14-'50'29"E; Thence 5;00'10'31"E, 4-2.06 feet; Thence S67'56'OO"E, 2.96 feet; Thence S00'05'42"W, 73.33 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' 'Q ^','. ',/,z |/I ,V- "' ~,//~) ! ARE~ 11:)I1;: "' '.'1,'/ .u~:D' "" t: I" f ./OOO' 0 0 ~o~ ? ~ b~ MAS ~S/4/98 482 ~2958-0o5~ -2- A. Land Use Plan The Land Use Plan, attached to this Agreement as Attachment 1, illustrates the land use patterns for the fringe area. B. Development Standards The following standards apply to unincorporated development in the fringe area· Discourage development in areas which conflict with the Johnson County Comprehensive Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain, non-erodible soil, and road suitability. Protect the public health by requiring developers to meet or exceed minimum standards for water and wastewater systems in all developments within the Iowa City Fringe Area pursuant to Johnson County Public Health Department Regulations. Encourage cluster development which preserves large tracts of open space including environmentally sensitive areas and farm land, results in compac~ development which requires less infrastructure, and is more efficient for provision of services. C. Fringe .Area Development Policies The parties agree to apply the following fringe area development policies. FRINGE AREA A Permit residential development by c~nsidering, on a case-by-case basis, proposals to rezone land in this area to RS-3 (one dwelling unit per three acres of lot area). RS zoning will be considered if the application to fezone includes a plat showing a minimum of 50% of the property as an outlot designated as open space or agriculture. Development must comply with City Rural Design standards contained in Appendix A. If land is annexed within Fringe Area A, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA B As set forth in Iowa City's adopted growth policy, the City will likely annex land within. one mile of Iowa City to the east and within two miles of Iowa City to the south in the short-range. It is therefore consistent with the purpose of this agreement that rural subdivisions within these areas of high annexation potential be required to meet City Urban Design Standards contained in Appendix A. Land within Iowa Citv's Growth Area. As applications are received to develop land contiguous to and within the growth limits of the city, the City will give favorable -3° consideration to ~he voluntary annexation of this land and its development at an urban density in conformance with the City's adopted land use plan for Fringe Area B IAttachment 2). Prior to annexation, any zoning changes in Iowa City's projected growth area shall also be consistent with the City's adopted land use plan for Fringe Area B. Subdivisions within Iowa City's projected growth area shall conform to City Urban Design Standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection and distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Land outside Iowa Citv's Growth A-rea. On the balance of land in Area B that lies outside Iowa City's projected growth area, agricultural uses are preferred. However, consideration will be given to applications for single-family residential development at a density of RS-10 (1 dwelling unit/10 acres). This development must conform to Rural Design Standards. Upon annexation of land within Fringe Area B, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. FRINGE AREA C Land within Iowa City's Growth Area. Land in Area C which is presently zoned for residential development, and within Iowa City's growth area, may develop in conformance with existing zoning, provided subdivisions shall conform to City Urban Design standards contained in Title 14, Chapter 7 of the City Code of Iowa City, including but not limited to City specifications for streets and roads, sanitary sewer lines, stormwater management facilities and water lines. Developments which are approved prior to annexation shall be required to be served by a package sanitary sewage treatment plant and common wells with sanitary sewer and water collection arid distribution systems which are constructed to City standards and can be connected to municipal systems upon annexation. Subdivisions which are approved prior to annexation shall be required to be cluster · developments with a minimum of 50% of the development designated as an outlot for open space, agriculture, or future development upon annexation. Upon annexation to Iowa City, commercial and/or industrial development is encouraged in the portion of Section 20 of West Lucas Township that is located in the east and south quadrants of the Highway 1 and Highway 218 interchange. It is consistent with the purpose of this agreement not to approve commercial -4- and/or industriai developments within this area prior to annexation. As stated in the Johnson County Rural Development Plan, commercial and/or industrial development will be encouraged to locate in the interchanges of paved roads. Commercial and/or industrial development will be discouraged in all other areas of Fringe Area C. As applications are received to develop land contiguous to Iowa City and within this portion of the City's growth area, the City will give favorable consideration to the voluntary annexation of this land and its development for commercial and/or industrial uses consistent with urban development patterns. Land outside Iowa Citv's Growth Area. In the portions of Area C which are not within Iowa City's growth area and which are zoned for non-farm development, development may occur in conformance with Johnson County's Zoning Ordinance and City Rural Design Standards. The land in Area C currently zoned A-l, Rural, and outside the City's growth area will be considered, upon receipt of an application, for rezoning to RS-IO (1 dwelling unit/lO acres). RS-5 (1 dwelling unit/5 acres) will be considered if the application to rezone includes a plat designating a minimum of 80% of the property as an outlot for open space or agriculture, Rural Design Standards will apply to all development outside the City's growth area. Upon annexation of land within Fringe. Area C, the City agrees that it will not automatically extend its fringe area authority to review and approve all subdivisions, which it exercises pursuant to Iowa Code §354.9 and Title 14, Chapter 7 of the City Code of the City of Iowa City, Iowa. The City will review the extension of its fringe area as a result of annexation on a case-by-case basis in consultation with Johnson County. SECTION II. PROTECTING AGRICULTURAL OPERATIONS Any regulations in the Fringe Area Agreement will not interfere with the Right to Farm, as contained in the Code of Iowa Chapter 335.2, Farms Exempt; and as noted in the Johnson County Zoning Ordinance, Chapter 8.2, Protecting Agricultural Operations. SECTION III. ADMINISTRATIVE POLICIES As a rule, zoning regulation is the county's prerogative if a county has adopted a zoning ordinance. The City, however, exercises authority over subdivision regulation in a city's fringe area. Annexation is ~lso primarily under exclusive rule of cities. Each of these activities, however, affects both jurisdictions and produces a clear need for coordination and joint administration. To that end, the City of Iowa City and Johnson County agree to the following procedures for administration of land use regulations. "' A. Zoninq Requlation: Zoning regulation for all unincorporated territory will remain under the authority of the Johnson County Zoning Ordinance and the provisions of Chapter 335, Code of Iowa (1995), the enabling legislation for the County's zoning powers. APPLICA I'!ONS FOR PUBLIC HEARING: Discussion/action o, ': ' ' ' , ' . ' ' RS-IO approximately 1/2 n~le east of its intersection w~th Taft Avenue SE in Scott Twp.. Dvorak read !~om his staff repofL and staled tha~ the Commission has a revised si{c plan. [Attachment A: 3, 4.5. & 6] County Engineer M~ke Gardner's repo,: Applican~ proposes using an existing access onto American Legion Road SE. l lcalfl~ Department Repo~: The Johnson County Dept. oC Public Health has reviewed {his application and has no objection to its approval ~fa new onsite wastewater system is permitted and installed prior to consideration of ~e application by the Board of Supe~isors. Gerald Milder and Glen Meisner of MMS ConsuRants, Inc., the applicanCs engineer, were present to answer questions. He ~id that ~ere ~e two existing houses on ~e prope~y, ~d he would like to co.ect Rick, because the applicant is only planning on selling one of the houses. Meisner stated that the "Consedation Fa~ Design" is being used to m~e the prope~y ~ viable as possible...He will be rezoning two lots, and leaving the rest agricultural. Lackender stated that f~ ground will not ~ taken out of production. Meisner stated that the Ci~ of Iowa City sent him their staffrepoas, and will recommend approval of this applicalion. He ~id that {he perc {~t is unde~ay now. Philip Pribble, 48~0 Ut~ Ave SE, said that he ~s curious as {o what is going to happen with this prope~y. He ~ked staff a~ut ~e RS-10 zoning. Dvorak said that ~ RS-10 zoning allows for one residence per I0 acres. He stated that, since ~e stmct~es were already presen~ staff is trying to do some house cle~ing and clean the ~ea up. Pribblc said that as a neighbor; he is generally in favor of this application. It was moved by Te~, seconded by Hebl, to APPROVE Application Z9831 subjectcontingent to approval or waiver by the City &Iowa City, and a wastewater system being in place before this application goes before the Board of Supervisors. Moore stated flint he would like to interject, because ~his area is in Area "B" oC the Fringe Area Agreement between 1ohnson County and Iowa City. He stated that Fringe Area "B" requires a I 0 acre minimum with no option for cl~tering. He said ~at the applic~t is proposing clustering with these one acre lots. He said that staff ~ed to set up ~ ap~al pr~ess for inst~ces like this, and it w~ t~cd do~ by bofi~ the Board of Supe~isors and the City of Iowa City. Moore stated that he is in favor of Dvor~'s defe~al request. He ~id ~at if the City of Iowa City approves one acre lots, then they are violating the Fringe Area Agreement with Johnson County. He said that care should be taken with this application, because a precedent could be set. Lackender stated that the houses were built prior to the Fringe Area Agreement being in place. Moore stated that this area is a 10 acre minimum with no option for clustering. '.: Terry stated that this ho~e was built in 1994, before the Fringe Area was in place. He ~ked siaff what the options are; should {he applicant take one Of the houses down.'? Moore stated the applic~t could take one of the houses down, or move it. He sai~ the he understands the predicament, but Area "B" does not allow for clustering. He said that Area "C' and Area "A" both have written options for clustering on one acre loB. Hebl stated {hat he thought the County is in favor of clustering. Moore slated flint ~he County is h~ favor ofchmlering, but {his area is where the City of Iowa City is plmming Io do their expansion. ,n County Planning & Zoning Commission minutes july 13, 1998 meeting Page 3 !.ackendcr stated that the City is planning new development fi>r Area "B." Moore stated that he has not seen a staff report from the City of Iowa City stating that City staff recommends approval of this application. I-le said that the County has people placing two homes on 40 acres all of the time, and then asking to fezone. I!e said that a t~w of the Commissioners worked hard on the Fringe Area for several years. Dvorak stated that, as it said in the staff report, in 1994, Mr. Milder did ask for rezoning of the existing house and another lot. That application was denied by the Planning & Zoning Commission, and withdrawn by the applicant. He said the following year; the applicant built the additional house on his 40 acres anyway. Fie stated that is why he would like to see this application deferred, so the County can see what the City of Iowa City does. Fie said that he thought he saw two for sale signs on the property, and that is what lead him to think both houses were to be sold. Terry asked the applicant why he built another house on his property, after his zoning request was denied. Milder stated that he understood that he was allowed two residences on his 40 acres. Dvorak asked the applicant if he built the second residence on his property for himself, or a blood relation, because that is part of the criteria for building a second residence on 40 acres. He said the Planning & Zoning Office has received complaints about a camper on the applicant's property, and both houses were being rented out to college students. Mr. Milder stated that he was not renting the houses out to college kids. Moore stated that if anyone is going to violate the Fringe Area Agreement; he would like it to be the City of Iowa City and not Johnson County. Terry asked Ann Lahey, Assistant County Attorney, what the options are in this case, because it was done illegally. Lahey stated that he could keep the property the way it is. Dvorak stated that the property has been this way since 1994. Saunders asked the applicant why the plat could not be redrawn to show two I0 acre parcels. He stated then the parcel would conform to the Fringe Area Agreement. He said that someone could still farm the 18 acres. He said that he has a problem, after all the work that went into creating it, being the first ones to break the Fringe Area Agreement. Terry said that he would withdraw his motion for approval of this application. He said that he would like some clearing up, with regard to why the house was built in 1994, after it was denied by the Planning & Zoning Commission. Milder stated that he built what the A-l(agricultural) regulations allow for. Lackender stated that as a farmer; he likes the way the plat the way it is, but understands about sticking with the Fringe Area Agreement. He said that a 30 day deferral would seem appropriate. Terry stated that a lot of hard work was done on Fringe Area Agreement, and Moore makes a good point about n6t being the first ones to break that agreement. Saunders asked the applicant if he got a sewage permit when he built the second residence. Milder stated that he did not get a sewage permit. Saunders stated that sewage permit is needed. and building without one is illegal. Lackender asked tile applicant if he would like a 30 day deferrai. The applicant asked for a 30 day deferral. Application Z9831 was deferred for 30 days. City of Iowa City MEMORANDUM Date: July 16, 1998 To: Planning and Zoning Commission From: Melody Rockwell, Associate Planner Re: C;79831. 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-10, 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 C79831, 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 July 28, 1998 Joe Bolkcom, Chairperson Johnson County Board of Supervisors 913 S. Dubuque Street Iowa City, IA 52240 CITY OF I0 WA 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 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. 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 Fdnge 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. Sin ly, Ernest W. Lehman Mayor plxladminMt~milddtr.doc 410 EAST WASHINGTON STREET · IOWA CITY. IOWA 32240-1126 · (319) 356-5000 · FAX (JIg) 356-5009 WILLIAI',4 L. HEARDON (Iglg-lggT) WILLIAH F. SUEPPEL ROBERT N. DOWNER dAMES P. HAYES JAivlES D. 1'4::CARRAGHER HARK T. HAHER THOivlAS D. HOBART MARGARET T. LAINSON DOUGLAS D. RUPPERT PAUL J. ivlcANDREW, dR. TIHOTHY J. KRUM M WILLIAM J. SUEPPEL CHARLES A. HEARDON DAWN BARKER ANDERSON KAREN A. LORENZEN MEARDON, SUEPPEL, DOWNER & HaYes P.L.C. LAWYERS 122 SOUTH LINN STREET TELEPHONE: (319) FAX: (3 I 9) 338-7~.50 IOWA CITY, IOWA 5;:>;P40 - 1830 RECEIVED OCT O G 1998 __P._C D_,, October 5, 1998 Ms. Karen Franklin City of Iowa City Civic Center 410 East Washington Street Iowa City, IA 52240 Re: Jerry and Pauline Milder Dear Karen: The purpose of this letter is to confirm our telephone conversation of today regarding the deferral of the Milder application until the October 20 City of Iowa City Council Meeting. Thanks, and with kindest personal regards, I am ,"" SlnCere ourS, i: cc: Jerry and Pauline ilder Glen Meisner