HomeMy WebLinkAbout1999-09-14 CorrespondenceTCI
September 3, 1999
CITY MANA ER,S OFFICE
Honorable Mayor Ernie Lehman
City Of Iowa City
Civic Center
410 E Washington
Iowa City, IA 52240
Dear Mayor Lehman:
We wanted you to be aware that AT&T Cable Services is changing the price for certain of its
unregulated services. Specifically, the rate for our pay-per-view movies will change from $2.99 to $3.99.
In addition, rates for adult pay-per-view movies will increase from $5.99 to $7.99. Customers will be
provided notice of this change prior to the time of the rate change. Further, no customer can order a pay-
per-view movie without first being provided the price prior to completing the order.
Please call me if you should have any questions regarding this price change.
Ve~j truly yours,
Arlene Heck
General Manager
CC: Steve Atldns
Dale Helling
Drew Shafer
TCI of Iowa
6300 Council St., N.E.
Cedar Rapids, IA 52402
(319) 395-9699
Fax (319) 393-7017
An Equal Opportunity Employer
Public Library
123 South Linn · Iowa City, Iowa 52240-1820
Susan Craig, Director · Information (319) 356-5200 · Business (319) 356-5206 · Fax (319) 356-5494
TO:
FROM:
DATE:
RE:
City Council
Mark Martin, Library Board of Trustees President
9/7/99
Building Expansion Plans
The Library Board and the Council have approved a contract to prepare a design and cost
estimates for a new library building on lot 64-1A. However, the Board will direct the architect
to look at options to expand the existing building and we hope that we can return to a Council
meeting by the end of October with more information before proceeding.
Attached is a complete copy of responses I prepared for questions posed by the Iowa City Press
Citizen. If you have any questions please let me know.
Questions from the Iowa City Press Citizen September 1, 1999
Responses from Rev. Mark W. Martin, President, Board of Trustees, Iowa City Public Library
1. How did the Library Board come to the conclusion that a new building is the answer to space
needsT
The Library Board has been exploring expansion options since receiving a report in 1993 from library
consultant David Smith which concluded that an additional 28,000 square feet of space would be
needed by 2010. Several options have been carefully considered. They include a westward expansion
of the second floor that was rejected by the City Council in June 1996, and the southern expansion as
part of the Library/Community Events Center project that was eliminated by the defeat of the local
option sales tax in March 1999.
The Board's focus has turned to the new building option because it provides the best opportunity for
designing the most efficient library possible, thereby cuffing operational costs, as well as incorporating
features desired by library patrons such as improved parking and accessibility. A new building is also
very cost effective to construct when compared with options involving renovation of the present
building.
2. Why do you need more space, and how much do you need?
Additional space is needed to accommodate growing library services as well as new library material
formats such as CD's, videos and software, and new information sources - Internet, CD-ROM,
databases and automated catalogs. In addition, the library collection continues to grow to meet patron
needs. Heavy use of the library puts increased pressure on the current space. People space for sitting,
moving around and browsing has diminished as new shelving has been added and the phenomenon
known as stroller gridlock regularly occurs in the Children's Room. Staff workspace is also very
inadequate at present.
Library design experts believe a minimum per capita library space allocation of 0.8 square feet should
be used in planning, one square foot per capita is more commonly used. The current library has
47,350 square feet of space. Population projections indicate the need for at least 75,720 square feet by
201 0. The most recent design called for an 80,000 square foot building to accommodate growth
beyond 201 0.
3. At this point, is adding a third slory onlo the existing library the besl option? Why~
No, the third floor addition is not the best option. Costs for this renovation are almost equivalent to the
cost of new construction, due to major work on the foundation, replacement of both the plumbing and
heating/air conditioning systems, and major revision of the electrical system. It would require that the
library be moved to another building for a year to eighteen months, causing a potentially severe
interruption of library services, and adding significant costs. It would also fail to address the key issues
of parking and accessibility.
While this option would provide more space, it would not allow us to maximize the efficiency of the
library, which is essential to reducing operating expenses. This was the first option considered by the
Library Board in 1994 and subsequently rejected for all of the above reasons.
4. Why isn't the proposal to creale satellite libraries being considered~
It was considered, but has been rejected by the consultant, the Library Board and the City Council for
several reasons. As the 1993 study notes: "The presence of a strong existing library and the compact
nature of the city offer no cost effective potential for branch libraries at this time. In the distant future,
this may change as the city spreads .... Location of branch libraries in other high traffic areas of the
community would not remedy the space problem at the Iowa City Public Library. However, it would
dilute the concentration of resources and possibly the quality of library service. ' Expansion of the
population over 100,000, and population disbursement substantially beyond the present two-mile
radius of the library would be preconditions to considering branch libraries.
In addition, the operating costs of branch libraries are significantly higher per square foot than those of
the central library. A medium sized branch, built by the city, would have an annual operating cost of
$340,000 to $550,000. This far outweighs the $150,000 to $180,000 operating expense increase for
an expanded main library. The Library Board believes a new main library building, designed for the
maximum efficiency of staff and energy, would enable us to hold the line on operating costs for the
next three years and reduce future increases. When the space crisis at the main library has been
addressed, the Library Board would willingly look at the development of branch libraries in the future.
5. If you're spending $60,000 for a study, shouldn't all options be considered, such as a joint library
with Kirkwood Community College~
The $60,000 is not being spent for a "study," but for the detailed development of two expansion
options, one favored by the library board, and one requested by the City Council. The funds would
pay for professional architects and engineers to develop proposals. This will allow the City Council to
evaluate the pros and cons of each approach. The Library Board is quite willing to consider all options
that solve the primary goal of adding the necessary space to the current library. We would be willing
to assess the Kirkwood option after that expansion has been accomplished.
A joint facility with Kirkwood is interesting, but would not save substantial capital or operating dollars.
The collections and services needed by the general public in a branch library and by community
college students and faculty are very different.
6. What kind of message were voters sending when they overwhelmingly defeated the local option
sales tax, which would have paid for a library expansion~
The Library Board recently contracted with Selzer & Company for a survey of voters to answer this and
other questions about public support of the library. Interviews were conducted with 300 Iowa City
residents who voted in the Local Option Sales Tax referendum and 200 residents who voted in the last
General Election. The results show strong support for the Iowa City Public Library, even among those
who voted no on the sales tax. 75% of L.O.S.T. opponents rate the library as one of the best (31%) or
above average (44%°). 73%0 say the library is very (44%) or fairly (29%) important to them and their
family. Also, 51%0 of no-voters strongly (25%) or mostly (26%0) supported library expansion. 60% of
no-voters strongly (26%) or mostly (34%) favored providing support for library operating expenses. The
local option sales tax failed because the tax was perceived as unfair and there was very little support
for the Community Events Center component - not for lack of library support.
7. The city has said it can't afford to pay for operational expenses for an expanded library. Where
would the money come fromr
As stated earlier, the Library Board believes that a new building, designed for maximum efficiency,
would allow us to hold the line on operating costs for the next three years through which the City has
budgeted. The operating cost increases for other options are not as clear, nor is the degree to which
we might be able to control them. Ultimately the city will have to address increasing costs for the
library, just as it does for all other city agencies and programs. The Library Board and Library Director
will work to keep those costs as low as possible. A new funding stream in the form of modest state aid
is committed to raising funds for operating costs.
8. If we build a new library, what would happen to the old one?
The city would have the options of finding another use for the building or selling it. The City Council
and city staff are responsible for answering this question, but the Library Board would certainly want to
provide help in resolving this issue if we can play a constructive role. There are many suitable uses for
the facility including commercial, retail and office space.
9. How much longer before residents can expect a decision on what will be doneT
The Library Board has been working steadily since 1993 to obtain City Council and voter approval of a
workable expansion plan. We will continue to consult and cooperate with the city leadership until that
goal is reached. The voters can decide what will be done as soon as the City Council approves a bond
issue referendum for the ballot. Obviously the longer the wait, the more critical our space crunch
becomes and the more negative the impact on library users.
08/24/99 16:42
3g(5)
HONOHAN, EPLEY,
BRADDOCK & BRENNEMAN
Maurine A. Braddock
Michael J. Brenneman
ATTORNEYS AT LAW
Of Counsel:
Lloyd A. Epley
Jay H. Honohan
August 31, 1999
330 East Court Street
P.O. Box 3010
Iowa City, Iowa 52244
(319) 351-8100
FAX (319) 351-0977
The Honorable Mayor and City Council
City of Iowa City
Civic Center
410 E. Washington
Iowa City, Iowa 52240
re:
Kroeger Building
Linn & Court Streets
425 B Ave. Box 66
Kalona, Iowa 52247
(319) 656-2916
104 Jayne Street
Lone Tree, Iowa 52755
(319) 629-5400
CITY MANAGERS
Dear Mayor Lehman & Council members.
This letter is to place on record the opposition of the property
owners and businesses in the 300 block of south Gilbert to a
proposal to close the alley in the 300 block between Gilbert and
Linn to construct an apartment complex facing Linn street at the
corner of Linn and Court streets. The alley is proposed to be
closed for construction by Knutson Construction Services.
This opposition includes not only opposition to closing the whole
alley but also closing one half of the alley unless a
satisfactory agreement can be reached between Knutson and the
owners and businesses on Gilbert street regarding closing one
half of the alley. This opposition is rounded upon the fact that
the closing of the alley will cause unnecessary hardship on the
businesses for at least six months as projected by Knutson.
I have met with Nicholas Grunsweig of Knutson Construction and we
have tried to explore various alternatives but at this time have
not been able to find a solution that accommodates both the
businesses affected and Knutson's construction needs.
Ver ruly~ ,.
Property owners and businesses
300 block Gilbert street.
August 12, 1999
The Honorable Mayor and the City Council
Civil Service Entrance Examination - MAINTENANCE WORKER I - PARKING
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 - Parking.
Kathy Thor
Mark Lancial
IOWA CITY CIVIL
SERVICE
ATTEST:
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 · FAX (319) 356-5009
August 24, 1999
Li :F 13;~'~i(b~
TO:
The Honorable Mayor and the City Council
Civil Service Entrance Examination - MAINTENANCE WORKER I - WATER
We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify
the followipg named person(s) as eligible for the position of Maintenance Worker I - Water.
Eric Gringer
IOWA CITY CIVIL
CO: 4MISSION
Z~~ Chair
SERVICE
ATTEST:
M~.Karr, Ci~ Cle~k ~J,.-4j
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 , (319) 356-5000 * FAX (319) 356-5009
August 12, 1999
TO:
RE:
The Honorable Mayor and the City Council
Civil Service Entmce Examination - PARKING CASHIER
We, the undersigned members of the Civil Service Commission of Iowa City, Iowa, do hereby certify
the following named person(s) as eligible for the position of parking Cashier.
LuAnne Breckner
Emily Tabor
IOWA CITY CIVIL
CO SSION
· Kennedy, Chair
SERVICE
ATTEST:
Madan Karr, City Clerk
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356°5000 * FAX (319} 356-5009
Marian Karr
From:
Sent:
To:
Subject:
D. Norton [denorton@blue.weeg.uiowa.edu]
Saturday, September 11, 1999 1:16 PM
Marian, City Clerk Karr
camping on city streets (fwd)
Marian: Note last paragraph.
Thanks, Dee
.......... Forwarded message ..........
Date: Fri, 10 Sep 1999 11:23:19 -0500 (CDT)
From: "L. Stunz" <lstunz@blue.weeg.uiowa.edu>
To: denorton@blue.weeg.uiowa.edu
Subject: camping on city streets
Dear Councillor Norton,
I am writing to request that the city council consider establishing an
ordinance which prohibits people from living in their vehicles on city
streets.
I live in the Northside Neighborhood. For at least a year, a tan minivan
with Linn County plates (current tags) has been parked in my neighborhood,
sometimes outside my house on North Johnson, lately most often on Brown
St. between Van Buren and Gilbert. The back part of the van is always
enclosed in curtains. The car is moved nightly, at around 3:30 a.m. to the
other side of the street, and the occupant does not leave the van at that
time. The van is also parked where the street lighting is dim, which
further suggests that someone sleeps in the van, though the occupant is
rarely seen. My neighbors did see the occupant earlier this summer when
he was arrested in connection with the sexual assault in a Linn St. home.
My understanding is that there was insufficient physical evidence to
prosecute him, though he did fit the description of the assailant. More
recently, the occupant is suspected in a daytime car breakin which
occurred at one of the houses close to where he regularly parks.
Mann Elementary is nearby, and many neighborhood children walk to school
(including my 7 year old). I and others find it unnerving to have this
occupied van sitting close to the sidewalk where our children walk. I
consider the van menacing. It is also noisy--it was parked outside my
house last night until 3:30 a.m., when it was moved to Brown St.
I and others have called the police, but apparently the occupant of the
van is not breaking any current laws by camping on our streets. It seems
unlikely that this minivan has adequate sanitary facilities or heat, yet
after a year it seems that the occupant intends to live in it
indefinitely. Would you be comfortable with this situation? I
respectfully request that you discuss the feasibility of an ordinance
which prohibits people from living in their cars on city streets. Please
give copies of this letter to the other members of the council, as they
don't have posted e-mail addresses. Sincerely, Laura Stunz, 810 N.
Johnson St.
Marian Karr
From:
Sent:
To:
Subject:
JjsmtBarr@aol .com
Friday, September 10, 1999 9:33 AM
cou n cil@ iowa-city.org
safety concern
I live on the near Northside. For, maybe two years, we've had a man living in
his car on the streets of our neighborhood. The police say there is nothing
they can do, he is breaking no laws. BUT the situation is unacceptable.
You may remember this summer there was a sexual assault reported in the
vicinity of Ronalds and Gilbert Street- this man was arrested, but not
charged, lacking evidence. There have been several unsolved burglaries.
Again, attributed to this individual, but nothing to take him away. No one
feels very safe with this heavily curtained van sitting around in front of
their home(s) 24 houzs every day, knowing the guy is in there.
Please try to imagine what it feels like to send your children to walk to
school, not knowing which block he is parked on today.
The police are quite aware, but believe there is nothing they can do. Would
you let this man live in his car outside your home ? [If so, please invite
him over]
How can residences and rentals be so regulated, but living in a car fine? Is
there not a time limit on camping within the city limits ?
People in this neighborhood take this man as a serious threat, and can't
believe there is no protection. Shall we just wait until something awful
happens ?
Please consider appropriate action that the city might undertake.
Joyce Barrett
604 Ronalds St.
Iowa City, IA 52245
337-3514
HONOHAN, EPLEY,
BRADDOCK & BRENNEMAN
Maurine A. Braddock
Michael J. Brenneman
Of Counsel:
Lloyd A. Epley
Jay H. Honohan
September 13, 1999
ATTORNEYS AT LAW
330 East Court Street
P.O. Box 3010
Iowa City, Iowa 52244
(319) 351-8100
FAX (319) 351-0977
425 B Ave. Box 66
Kalona, Iowa 52247
(319) 656-2916
104 Jayne Street
Lone Tree, Iowa 52755
(319) 629-5400
110 E. Main Street
Hills, Iowa 52235
(319) 679-2267
The Honorable Mayor and City Council
City of Iowa City
Civic Center
410 E. Washington
Iowa City, Iowa 52240
re: Closure of Alley Court and Linn
Dear Mayor Lehman and Council.
I have been informed that the matter of the closure of the alley
between Gilbert and Linn streets in the 300 block of Gilbert
street is on your agenda for discussion on September 13, 1999.
This letter is to express the concerns of the businesses in the
east half of the 300 block of Gilbert street. It is my
understanding from city staff that Knutson is now proposing that
they close the west half of the alley.
If one half of the alley is closed, this will cause problems for
the existing businesses. Most of the access to our businesses is
from the alley. Any closing will most certainly affect the
businesses adversely. Further, delivery vehicles deliver and
unload beer, pop, restaurant supplies, and Racquet Master
products using the alley. Closing of the alley will make these
deliveries difficult and when delivery is being done will
effectively close the alley for that time. Delivery trucks may
have to deliver from Gilbert street if the closing of the alley
Garbage removal is also done through the alley. Closing of the
alley will also create problems for the businesses in the winter
as far as snow removal.
I understand the plan now is to replace the existing electrical
service in the alley with underground wiring and that is to be
done by boring. MidAmerica informs me that this will be done
with a beginning hole in the alley about one half of the distance
from Court street. This hole would be approximately 4 feet by 6
feet. This part of the work would take about three days which
would effectively close the alley during this time. Further the
entire electrical project will consume about two to three weeks.
MidAmerica recognizes that would create a problem for the
businesses and I have been told that they can put temporary
connections to the businesses at night but the developer will
have to pay for this.
I also understand that the developer is going to have to repave
the alley and that there will be new sewer laid in the alley. I
assume that this will mean the entire alley will be closed for
some time. How long this will take, I do not know.
I recognize that Knutson is asking that half the alley be closed
for this project. Completion date is July 31, 1999. My
experience with construction projects is that they often take
longer than planned and that during construction, contractors
often expand the area in which they use their machinery and
trucks and other equipment. If half the alley is to be closed, I
would hope that the city would agree to enforce the provision
that the portion of the alley not closed would be free of
construction trucks and equipment at all times.
The City Council has been pursing a policy of revitalizing the
downtown area and bringing in new businesses and retaining the
businesses already in the area. This development is for all
practical purposes an apartment complex to be rented by students.
Eighty percent of this development is devoted to apartments and
their accessory uses. Should the city act to harm businesses in
favor of allowing a five story apartment building?
There is an alternative to closing of the alley and that is
building the building with its east wall several feet west of the
right of way line of the alley instead of right on the edge.
Very truly yours,
HONOHAN, EPLEY,
BRAD CK & BRE~r
BTjC~han c
Thurs., Sept. 9, 1999
Iowa City library
6th ..in U.S. rating
Gazette' Johnson County Bureau
The Iowa City Public Library is ranked sixth
out of 508 U.S. libraries in similarly sized cities,
according to data released this month from
Hennen's American Public Library Ratings
(HAPLR).
For the second year, the HAPLR index rated
9,000 libraries on 15 criteria and compiled a point
total. 'The lowest is 1, the highest 1,000. Iowa
City's library earned a composite index of 852,
'making it not only sixth among its peers in cities
of 50,000 Jto 99,999 population, but ninth in the
nation when compared with the 982 libraries in
cities of 50,000 or larger.
"I think that it reflects the stron~ support and
heavy use that the community gives our li-
brary," said library Director Susan Craig.
The criteria used .by the index, named for
creator Thomas Hennen Jr., a Wisconsin librari-
an, include circulation, staffing, materials, refer=
ence service and funding levels.
The Cedar Rapids' Public Library received a
703 composite index. Other high-ranking Eastern
Iowa libraries were Harpers Ferry, which re-
ceived an 839, and Dyersville, which got an 833.
The Iowa City Public Library is tops in Iowa,
according to HAPLR, while the state !itself is 11th
a. mong the 50 states. and District of Columbia
with an index rating of 548. Ohio ranked first in
the nation with a 669 rating. Minnesota, Indiana,
Wisconsin and Washington state rounded out the
top five.
September 14, 1999
Jonathan Jordahl, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, IA 52240
City
Dear Jonathan and Members of the Board:
In accordance with the Johnson County Zoning Ordinance we have reviewed Allan and Jennifer
Berger's application to Johnson County requesting a conditional use permit for a home business, a
veterinary clinic. The subject property is located at 3005 Highway 1 NE in Fringe Area A. Earlier
this year the Berger's applied for a rezoning of the property from A1, Rural, to CoAG, Commercial
Agricultural; the rezoning request was denied by the Johnson County Board of Supervisors. The
Iowa City Planning and Zoning Commission and City Council had recommended against rezoning
this property to a commercial zone.
The County Land Use Plan does not specifically address home businesses. However, it does
encourage commercial uses to be located in cities and towns where there are services and
adequate population to support the commercial use. A business like a veterinary clinic would be
more appropriate in a city or town under the guidelines of the County Land Use Plan. A limited
home based veterinary clinic associated with a residence may be appropriate on this property with
conditions to limit the size and intensity of the business, and to help ensure the property remains
compatible with the rural and residential character of the area. A time limit tied to the conditional
use permit will allow County staff to reevaluate whether the use has grown to the point it should be
moved into a commercial zone. A time limit would also allow the business a specified amount of
time to incubate before growing into a full commercial clinic.
If the Board finds this conditional use, a home-based veterinary clinic, appropriate for the property
at 3005 Highway 1 NE, the City Council recommends that the conditional use permit be subject to:
1 ) No more than 30% of the dwelling unit and accessory buildings shall be devoted to the
home business use.
2) There shall be no more than one (1) non-resident on-site employee and one (1) part
time trainee associated with the home business use.
3) There shall be no boarding of animals, except as associated with necessary treatment
of the animals.
4) The Johnson County Health Department must approve all animal and medical waste
disposal methods.
5) A time limit of three years, which may be renewed if reviewed and approved by the
County Board of Supervisors according the Conditional Use criteria in the Johnson
County Zoning Ordinance.
Thank you for the opportunity to review this application.
Mayor
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
City of Iowa City
MEMORANDUM
Date: September8,1999
To: City Council
From: John Yapp, Associate Planner
Re:
Berger request for a home business conditional use permit at 3005 Highway 1 NE, in
Johnson County
The Planning and Zoning Commission's recommendation regarding the request by Allan and
Jennifer Berger for a conditional use permit for a home business, a veterinary clinic, at 3005
Highway 1 NE is slightly different from the staff recommendation. The changes the Planning
and Zoning Commission made to the recommendation are shown below in bold.
STAFF RECOMMENDATION
Staff recommends that if the County determines it is appropriate to approve a Conditional Use
Permit for a home business to allow a veterinary clinic at 3005 Highway 1 NE, that the permit be
subject to:
1 ) No more than 30% of the dwelling unit and accessory buildings shall be devoted to
the home business use.
2) There shall be no more than one (1) non-resident on-site employee associated with
the home business use.
3) There shall be no boarding of animals, except as associated with necessary
treatment of the animals.
4) The Johnson County Health Department must approve all animal and medical waste
disposal methods.
5) A time limit of three years, which may be renewed if reviewed and approved by
the County Board of Supervisors according the Conditional Use criteria in the
Johnson County Zoning Ordinance.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
September 14, 1999
Jonathan Jordahl, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, J~ 52240
i ~ L
Dear Jonathan and Members of the Board:
In accordance =~ith the Johnson County Zoning Ordinance we have re ewed Allan and Jennifer
Berger's applicati~ to Johnson County requesting a conditional use p mit for a home business, a
veterinary clinic. T~a subject property is located at 3005 Highway 1 E in Fringe Area A. Earlier
this year the Berger's~'applied for a rezoning of the property from 1, Rural, to C-AG, Commercial
this property to a commerciai"z,~ne.
\,, /
The County Land Use Plan doe~,.~not specifically address home businesses. However, it does
encourage commercial uses to b~\\,iocated in ~and towns where there are services and
adequate population to support the ~mercial A business like a veterinary clinic would be
more appropriate in a city or town unc
home based veterinary clinic associated
conditions to limit the size and intensity of
compatible with the rural and residential ch
use permit will allow County staff to
of the County Land Use Plan. A limited
may be appropriate on this property with
and to help ensure the property remains
,r of the area. A time limit tied to the conditional
use has grown to the point it should be
moved into a commercial zone. A time Hit wouh so allow the business a specified amount of
time to incubate before growing into a commercial ~ic.
If the Board finds this conditional u'. a home-based vete ary clinic, appropriate for the property
at 3005 Highway 1 NE, the City C ~ I recommends that the nditional use permit be subject to:
1 ) No more than 30% f the dwelling unit and accesso buildings shall be devoted to the
home business us .
2) There shall be n mo e than one (1) non-resident on-sit employee associated with the
3) ~emree bs~l?ei~farding of animals, except as associate with necessary treatment
of the anima .
4) The Johns n County Health Department must approve all ani I and medical waste
Thank you for t/e opportunity to review this application.
Sincerely,
Ernest W. Lehman
Mayor
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, 1999 (for September 2 meeting)
Planning and Zoning Commission
John Yapp, Associate Planner'~'y
Berger request for a home business conditional use permit at 3005 Highway 1
NE, in Johnson County
Allan and Jennifer Berger have submitted an application to Johnson County for a
conditional use permit to operate a veterinary clinic as a home business. Earlier this
year, the Bergers applied for a rezoning of their property at 3005 Highway 1 NE from A1,
Rural, to C-AG, Commercial Agricultural; the rezoning request was denied by the Board
of Supervisors. The Iowa City Planning and Zoning Commission and City Council had
recommended denial of the rezoning request.
The April 1999 staff memo regarding the rezoning request states that the use of the
home business provision to allow consideration of a home based veterinary clinic would
appear to be more appropriate than establishing a commercial zoning on the property.
The County zoning ordinance allows a home business as a conditional use as long as
the business is carried on by a member of the immediate family residing on the
premises, where no more than two (2) persons not a member of the family are regularly
employed. The County zoning ordinance also states that one condition of the home
business is that "the home business, its materials, supplies, and products shall occur in
and be confined to the dwelling or the permitted accessory building or buildings located
on the premises."
Traffic. One concern raised in the April 1999 staff memo is that Highway 1 carries large
volumes of traffic at high speeds and has a history of accidents, and any permit which
would result in an increase in vehicular turning movements would not be appropriate at
this location. Doug Ripley, JCCOG Traffic Engineering Planner has recently conducted
a more detailed analysis of this access point. The access point is at a low point between
two hills, and traffic travels at or above the 55 mile-per-hour speed limit. In staff's
opinion, this location is not appropriate for commercial-levels of traffic. While the traffic
conditions are not ideal in this area, there appears to be sufficient sight-distance to allow
a small-scale home business at this location.
It is extremely difficult to enforce limitations on traffic. If the home-based business is to
be permitted, staff feels there should be no more than one employee allowed. Because
the number of employees has a relationship to the number of clients in a clinic situation,
limiting the number of employees should limit the number of clients. The applicant has
stated he expects no more than ten clients a day visiting the site; he intends the primary
focus of the veterinary business to be house calls.
Compatibility. While there are no residences adjacent to this property (the nearest
residence is 800 feet away on the opposite side of Highway 1 ), there is the potential for
more residential development in this area in the future. Ensuring the primary use of the
residence stays residential is also an issue - converting too much of the home to a clinic
may make it difficult to re-use the structure in the future. If the clinic is to be permitted,
staff feels no more than 30%, or approximately 1/3, of the home and accessory buildings
be permitted to be devoted to the clinic. It is also recommended that no boarding of
animals take place, except as required for treatment of the animals. As with traffic, this
type of requirement is difficult to enforce. However, limiting the number of animals being
boarded will help keep the use compatible with surrounding properties.
Compatibility with Johnson County Land Use Plan. The County Land Use Plan does
not specifically address home businesses. However, it does encourage commercial
uses to be located in cities and towns where there are services, such as traffic control
and municipal utilities, and adequate population to support them. Most home
businesses seem to be associated with crafts, woodworking, or the assembly of
products that are sold elsewhere. Uses like a veterinary clinic can attract traffic
throughout the day, which would be more appropriate at a lower speed, controlled
environment found in a town. Unless the County imposes conditions and can be
assured that this proposed business will be small-scale enough to remain purely
accessory to the residential use, a veterinary clinic seems more appropriate in a town or
city under the guidelines of the County Land Use Plan.
Time-limit. One condition the County Board of Supervisors has mentioned as a
possible condition for this use is a time limit of three to five years to give the business an
incubation period before moving into a stand-alone clinic. At the end of the time limit,
County staff would re-evaluate whether the use has grown to the point it should be
moved into a clinic in an existing commercial zone. While a time-limit condition has the
potential to be extended, it could be a way to encourage the eventual move of the
veterinary clinic to a commercial area.
Conclusion. Based on the Johnson County Land Use Plan, the Fringe Area Agreement
and traffic conditions, the subject property does not appear to be an appropriate location
for a commercial use. A limited home base business associated with a residence on this
property may be appropriate if concerns regarding the size of the business and traffic
are resolved.
STAFF RECOMMENDATION
Staff recommends that if the County determines it is appropriate to approve a
Conditional Use Permit for a home business to allow a veterinary clinic at 3005 Highway
1 NE, that the permit be subject to:
1 ) No more than 30% of the dwelling unit and accessory buildings shall be
devoted to the home business use.
2) There shall be no more than one (1) non-resident employee associated with
the home business use.
3) There shall be no boarding of animals, except as associated with necessary
treatment of the animals.
4) The Johnson County Health Department must approve all animal and
medical waste disposal methods.
5) A time limit of three years.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
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Allan L. Berger, DVM, PhD
Bright Eyes & Bushy Tails
Housecall Veterinary Service
3005 Highway 1 NE
Iowa City, IA 52240
(319) 321-3699 (mobile)
(319) 229-7344 (pager)
June 30, 1999
Johnson County Board of Supervisors
913 S. Dubuque St
Iowa City, IA 52240
Re: Conditional use permit for 3005 Highway 1 NE (Veterinary Clinic)
Dear Supervisors,
We are submitting an application for a conditional use permit to operate a business at 3005
Highway 1 NE. We are both veterinarians, and propose to operate a veterinary clinic from the
basement of our home. We also plan to use the existing metal pole bam on our property for and
some animal treatment and recovery, and for incidental storage.
This application follows a rezoning request (C-AG Z9913) which we filed earlier this year, and
was denied by .the County Supervisors. Although some of the agencies which reviewed this
rezoning request determined it to be inappropriate, each agency which found the application
deficient encouraged us to apply for this conditional use permit as an alternative to the rezoning.
Attached to this application, please find a proposed site plan. On this plan, we have indicated the
locations of prospective parking spots. These parking arrangements would allow clients to park
behind the house, and provide a place for vehicles to turn around before exiting onto Highway 1.
Allan Berger has also spoken with Dan Kramer of the Johnson County Health Department about
our existing well and septic systems. Our operations will continue to result in the on-site disposal
of only household wastes, and so no changes are anticipated. In conjunction with the Health
Department, we will continue to monitor the systems to make certain that they remain adequate.
Please don't hesitate to contact us if you have any questions. Thank you for your time and
favorable consideration.
Gratefully yours,
Allan L. Berger, DVM, PhD
Jennifer L. Berger, DVM
cc: Tom Anthony, Landmark Surveying and Engineering
Bright Eyes & Bushy Tails Housecall Veterinary Service:
Personalized Medical Care in the Comfort of Your Pet's Home.
<http://www. BrEBT.comt>
ab@BrEBT.com