HomeMy WebLinkAbout1999-09-28 CorrespondenceMarian Karr
From:
Sent:
To:
Subject:
J. Bolgatz [bolgatz@blue.weeg.uiowa.edu]
Monday, September 20, 1999 9:13 AM
council@iowa-city.org
cemetary
Dear City Councilors:
I am writing to ask about the Oakland Cemetary expansion. I
attended meetings a few years ago when the Parks and Recreation department
and the City Council talked about the cemetary, and it was decided that
there would NOT be any expansion. Now there is a road being put up
through Hickory Hill Park. Would you please tell me how and when the
decision was made to expand the cemetary.
I am very saddened to listen to so many old trees being bulldozed
away.
I also attended some meetings in which the expansion of First
Avenue was discussed and then there was a public vote over the expansion
and it was voted down. Now I drive by a large road next to ACT. Is this
part of the First Avenue expansion that was voted down?
As you can probably tell, I am angry that this construction has
been and is taking place. But, more than angry, I am confused by the way
the decisions have been made. If the public voice is not heeded in the
above settings (meetings and the vote), how do we make ourselves heard?
Thank you for your attention.
Sincerely,
Jane Bolgatz
Resident, Iowa City
ELLEN SWEET
Weeding Out Bad Vegetation Control Ordinances
http://www. for-wi ld. org/wee,
Weeding Out Bad Vegetation Control
Ordinances
Bret Rappaport and Bevin Horn
(This article originally appeared in .Rc'~stonttion and.A~lanagementNotes, volume 16, number 1, 1998.)
The telephone calls don't come as often as before. That's good. Back in the late '80s and early '90s
maybe once a week, I (Bret) would field a homeowner's call, maybe from Sarasota, maybe Seattle,
asking for assistance because a municipality was threatening to mow down what a village official or
neighbor considered "weeds." But what is a "weed" is in the eye of the beholder, and to these
homeowners yards abounding with a rich tapestry of native grasses, forbs, shrubs and trees were not full
of weeds, these yards were a treasure.
Before I joined the battle and took on the task of fielding these calls, most were handled through natural
landscaping activists Lorrie Otto, in Milwaukee and Craig Tufts at the National Wildlife Federation, in
Washington. For almost twenty years, these two worked tirelessly to defend natural landscapers charged
with weed law violations. Like me, Lorrie and Craig would send out information about native plants, the
benefits of natural landscaping and why such yards are not a public-health risk. Sometimes they were
successful in convincing villages to reconsider ill-conceived, Nature-hostile ordinances, but most of the
time, in the early days, they were not. The mowers whizzed and roared as the ferns and forbs fell.
Although a lush green mask of Kentucky bluegrass remains the collective face of 32 000 square miles
(82,500 sq. km.) of suburban and urban America, there is change in the air. The nat~al-landscaping
"movement" has taken root and its adherents are a varied lot. They all share a common goal -- to
harmonize gardening and landscaping practices with Nature. Unfortunately, some municipal officials
still use weed laws to prosecute natural landscapers, reflecting outdated and misinformed ideas and
attitudes. I still receive calls. Last month, for example, Oberlin College Instructor Stephen Douglas
called me to ask for information to fight his village after a crew mowed down his yard of wildflowers
while he was out of town.
The good news is that committed pioneers and newer converts, willing to question the status quo and
who recognize the ecological and monetary consequences of landscape choices, are undermining the
arbitrary legal and social barriers to gardening with Nature. And since the early days, natural
landscaping has advanced on two fronts- legal and social. This article chronicles both, but first some
history.
Historical Perspective
Some movements are evolutionary; others revolutionary, but as John Stuart Mill observed, every great
movement must experience three stages: ridicule, discussion and adoption. Although landscaping with
Nature manifests the basic principle that we are part of Her, not apart from Her, the practice of natural
landscaping encountered social barriers almost from the start. These barriers eventually took the form of
land use regulations (usually weed laws) that inhibited natural landscaping and punished those who
dared to grow rather than mow.
As Virginia Scott Jenkins shows in her 1994 book The Lawn, for more than a century Americans have
been obsessed with lawn. In the late 19th Century the "arbiters of taste" decreed that Americans should
have lawns and over the next 60 years organizations and institutions from the United States Department
of Agriculture to the Garden Clubs of America and the United States Golf Association formally and
informally embarked on campaign to landscape American yards with a carpet of green. In his book
Gardeningfor Pleasure (1875), Peter Henderson summed up what was to become the prevailing social
attitude for most of the 20th Century:
We occasionally see some parsimonious individual, even now, who remembers that in his
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grandfather's days, grass was allowed to grow for the food of the "critters", and he leaves it for
food for his "critters" still .... We have two or three notable examples of this kind in my
immediate neighborhood, but it is gratifying to know that such neighbors are not numerous,
for the example of the majority will soon shame them into decency.
Although wildflowers always had a place in American gardening, they were essentially novelties and
were generally not considered a serious part of "civilized" landscape planning. Ironically, even as Aldo
Leopold was articulating the land ethic in the 1940s, the lawn ethic was becoming fully ensconced. By
the 1950s, decades of priming the pump by industry, the USDA, USGA, the Garden Clubs of America,
and others, coupled with the post-war boom in suburban development led to the nearly universal use of
lawns as the only acceptable home landscape. Production and sales ofherbicides, pesticides, irrigation
equipment and everything else needed to make the lawn "beautiful" grew exponentially. For example,
annual lawnmower sales grew from 362,000 in 1947 to 4 million by 1961 (Jenkins).
By the 1970s, the natural landscape movement emerged from infancy as it gained professional
recognition and a modest measure of formal organization. In 1972, landscape architect Darrell Morrison,
then a professor at the University of Wisconsin ~n Madison, designed Walden Park in Madison as a
predominately native landscape. That same year, the National Wildlife Federation began its Backyard
Wildlife Program. Meanwhile, The Nature Conservancy started the Noah Branch Prairie Project in the
forest preserves around Chicago, building on a theme espoused by Jens Jensen decades earlier. In 1979,
Wild Ones Natural Landscapers, Ltd. was started by nine ladies in Milwaukee to promote natural
landscaping.
In 1983, the National Wild flower Research Center was founded in Austin. Ridicule was still heard, but
less often. Recently, the The National Audubon Society has worked with the USGA to incorporate
natural landscaping and native plants in golf-course design. Awareness of the merits of natural
landscaping continued to grow through the 1980s as organized natural landscaping efforts grew in
popularity. For example, more and more states began to landscape highway rights-of-way with native
plants and the federal govemment began promoting this approach through a USDOT program headed by
Bonnie Harper-Lore. In 1984, the Center for Plant Conservation was started in Boston to conserve and
protect native plants of the United States. Meanwhile, at the courthouse...
From Persecution to Acceptance
While natural landscaping was beginning to catch on in pockets here and there, on Main Street it was
still business as usual, and one could hear people comment that naturally inspired yards simply "don't
look nice." Such shallow comments demonstrate, perhaps, the underlying motivation that some feel to
control the actions of those who dare to be different, or an inherent apprehension of the unknown.
Arguably, if "pretty is as pretty does," then it is the lawn that stands as grotesque, for it is this exotic
landscape that requires biocides, fertilizers and gallons of supplemental water to look healthy. As
someone once said, the lawn is a "drug-addicted" landscape - artificial and unhealthy.
Ultimately, the aesthetic argument against natural landscaping is illogical. One man's weed is another
man's rose. To some, pink plastic flamingoes, polka-dot bloomered cardboard ladies, twirling plastic
sunflowers, astro-turf-covered front stoops, and perfectly sculpted evergreens look simply ridiculous;
but to others, such landscaping is beautiful. People have a fight to astro-turf-covered stoops, closely
cropped evergreens, and spinning plastic sunflowers in their yards. But by the same token one might
argue that individuals also have the right to a natural stone walkway, free-flowing native shrubs and
forbs, and real sunflowers reaching to the sky in a blaze of gold.
"Weeds" Outlawed
Fortunately, some have raised these same questions and standards - both social and legal - have changed
considerably. The last two decades have witnessed a steady evolution of attitudes from outright
prosecution to acceptance to, in some areas, enthusiastic promotion of natural landscaping.
Not surprisingly, the first response to the modern natural landscape movement was defensive.
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Historically, there have been four "generations of weed laws." The first and most onerous of these were
enacted in the early to middle part of this century and merely outlawed "weeds," usually above some
arbitrary height. A 1945 Chicago ordinance typifies those early laws. It outlaws "any weeds in excess of
an average height of 10 inches." But what is a weed? This ambiguity provided hostile neighbors and
misinformed municipal officials a weapon to thwart well-meaning natural landscape efforts. As the
result of a 1990 lawsuit, the City of Chicago represented that it would not prosecute legitimate natural
landscapers and would instead apply its weed law to rank and unintended growth (Rappaport, 1993:
Rappaport, 1996). Mayor Richard M. Daley, a committed environmentalist, has recently called for a
prairie restoration as part of the conversion of a local airport, Meigs Field, to park land, and downtown
prairie plants grow in the median planters down the center of LaSalle Street just outside City Hall.
Milwaukee had a similar law which had been used to prosecute natural landscapers in the 1970s and
1980s. But today, that city, like Chicago, embraces natural landscaping. In 1996, Mayor John Norquist
extolled the virtues of natural landscaping at a gala dinner honoring Lorrie Otto's lifetime of
achievement. Weed laws properly drafted and applied have a place. Invasive and noxious plants are an
ecological and public health hazard (Rappaport, 1993). However, some uninformed government officials
and citizens believe that natural landscapes cause problems with pollen, fire hazards, rats, and
mosquitoes (Rappaport, 1993). These mistaken beliefs are soundly refuted by testimony and studies.
Natural landscapes are not a fire hazard; prairie grass bums quickly and at a low temperature
(Rappaport, 1993). Furthermore, most natural landscapes comprise mostly green, leafy material that
does not bum readily (Rappaport, 1993). Natural landscapes do not encourage rats and other vermin.
Such pests need food to survive, and natural vegetation does not provide the type of food in the
quantities required to sustain a population of rats (Rappaport, 1993). Weed-covered areas do not provide
breeding ground for mosquitoes, which require standing water for ten days to complete their life cycle.
Most natural landscapes tend to absorb water quickly, and are less likely than a watered lawn to provide
a breeding ground for mosquitoes (Rappaport, 1993). Natural landscapes do not produce pollen that adds
to the suffering of people with allergies. Most troublesome pollen is produced by plants that thrive on
disturbance, such as ragweed, and by permanent exotic turf and pasture grasses when allowed to flower
(Rappaport, 1993).
A growing recognition that these myths have little basis in fact led to a less harsh second generation of
weed laws. Based on a Madison, Wisconsin, weed ordinance fashioned in the early 1980s, these laws
requires homeowners to file an application for a natural landscape and get a majority of their neighbors
to approve. Although the ordinance represented a significant step in the process of reversing the blight of
environmentally harmful turf, the neighbor veto and the application and approval process represented
unnecessary limitations on the fight to naturally landscape one's yard. The Madison-type ordinance was
followed by some municipalities in the Twin Cities area, but in the end, the restrictions proved
unnecessary as most neighbors did not object, making the cumbersome administration process a waste of
time and money.
As the '80s passed into the '90s, a third generation of weed laws emerged to remedy the failings of the
Madison-type ordinance by allowing natural landscaping without neighbor approval or city permission.
These laws retain the conventional prohibition against growing weeds or rank vegetation, but include a
modifying clause that places natural landscapes out ofharm's way.
For example, a modified weed law might require a setback from either the front or the perimeter of the
lot, where the vegetation may not exceed a certain height, typically 10 or 12 inches, excluding trees and
bushes. The vegetation behind the setback and within the yard is unregulated except for a few expressly
listed noxious species. Setback laws have several important advantages and represent a workable
compromise between the diverse interests of the community, the natural landscaper and his or her
neighbors. Primarily, setback ordinances allow for the unregulated growing of vegetation on most of a
lot. The setback around the perimeter creates a tended look that provides a measure of conformity and
tidiness. A setback also solves the practical problems caused by large plants and grasses lopping over
into across the sidewalk or into neighboring yards. The setback ordinances are easy to understand and
enforce. Both the community and the natural landscaper benefit from a clear and simple law. The city of
White Bear Lake, Minnesota had an extensive permit procedure for native lawns, but in 1990 abandoned
that approach and adopted a simple setback ordinance. Becky Abbott, a city official, calls the ordinance
a success. It is simple and easy to understand. The community has received no complaints against
homeowners who have complied with the setback when creating the natural landscape.
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A second type of "modified weed law" limits the blanket weed ordinances with broadly worded
exceptions for environmentally beneficial landscapes. These exceptions include:
Native Plantings - the use of native plant species for aesthetic and/or wildlife reasons.
Wildlife Plantings - the use of native and/or introduced plant species to attract wildlife.
Erosion Control - plantings designed to reduce soil loss.
Soil Fertility Building - plantings that enrich or stabilize soil.
Governmental Programs - plantings carried out under federal, state or local programs that
require the unimpaired growth of plants during a majority or all of the growing season.
Educational Programs - plantings designated for educational purposes.
Cultivation - any plant species or group of plant species native or introduced and grown for
consumption, pleasure or business reasons.
Biological Control - the planting of a particular species or groups of species which to control
or replace a noxious or troublesome species.
Parks and Open Space - any and all public parks and open space lands maintained by federal,
state, or local agencies including private conservation organization.
Wooded Areas - all areas that are predominately woods.
These laws, which have been enacted in Boone County, Illinois and Harvard, Illinois, expressly protect
natural landscapes. They are simple to understand and adequately balance the interests of the
homeowner and his neighbors. According to Jerry Adam, Code Enforcement Officer for Harvard, the
Harvard ordinance was the product of hard work by environmentalists and city officials, and has
"worked well" since its enactment. According to Debbie Carlson, health officer for Boone County, the
county's weed law, with its broad exceptions for native plantings and other beneficial landscapes
represents "a reasonable, workable compromise between those who wanted a natural landscape and their
neighbors."
Promotion
On the cusp of the next century, a fourth generation of weed law has begun to appear in a few cities.
These laws reflect the desire not only to permit but to actively promote natural landscaping.
Communities that have chosen this route generally have no prohibitive weed law but instead use
proactive policies and zoning laws to encourage the use of native plants in natural landscapes. Long
Grove, Illinois, for example, has no law regulating vegetation height and requires developers to include
in their subdivisions 100-foot (30 meter) scenic easements planted with native plants, wildflowers, and
grasses between homes and major streets. Fort Collins, Colorado, employs a wildlife biologist and has a
10 acre (4 ha) nature preserve in the heart of downtown. Such proactive municipal legislation can serve
as an important component in a comprehensive effort to preserve, protect and restore biodiversity
(Tarlock, 1993).
The reason for the variation in weed law types is as much subjective as objective. In the end, it is
people' s perception that must change. History points that way. In 16th century England, wealthy
landowners had lawns that were natural meadows "starred with a thousand flowers." In those days,
grasses were "hated weeds," and garden boys would creep along the flower lawns picking out the grass
(Hatfield, 1971). In the 19th and 20th centuries, the perception of the ideal lawn has been turned on its
head. Dandelions and other flowers were despised. Turf grass became the vegetation of choice. Weed
laws protected and promoted that "ideal".
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Slowly, communities are moving from repressive first-generation weed laws toward more progressive
third- and fourth-generation weed laws. The progress, however, is painfully slow; and far too often
efforts to change repressive weed laws are met with opposition based on misunderstandings. The natural
landscaping movement, already having gained a foothold, will continue to advance as we enter the 21st
century. But unfortunately, weed laws still create a significant impediment to the growth of the natural
landscape movement.
In densely populated urban areas, it may be unrealistic to expect that pro-active fourth generation weed
laws will be adopted in the near future. Lao Tzu, the Oriental philosopher, taught that the joumey of a
thousand miles begins with the first step. It is with that axiom in mind that the following guidelines can
be used by communities in crafting new weed ordinances that represent a step toward a more benign
relationship between our yards and Nature.
1. The ordinance should protect the fundamental right of residents to choose their own
landscaping;
2. The ordinance should apply equally to all residents;
3. Any restrictions should have a rational basis related to the protection of public health,
safety or welfare;
4. The ordinance must not legislate conformity nor allow residents to exercise control over
their neighbors' landscapes;
,
The ordinance should not require the filing of an application, statement of intent or
management plan and there should be no review or approval fees assessed against
residents who intend to engage in legitimate natural landscaping;
In order to avoid harassment of natural landscapers, the city's "weed commissioners" who
will enforce the ordinance, and thereby differentiate between those people who are
growing permitted natural landscapes versus those with unpermitted growth, should be
trained to distinguish between the two;
7. Enforcement of the ordinance should be undertaken through due process of law which
guarantees individuals the right to fair adjudication of their rights; and
The ordinance should actively address the problems of environmental degradation
brought about by proliferation of high maintenance monocultural landscapes, and the
indiscriminate use of toxic chemicals in landscape management. It should encourage the
preservation and restoration of diverse, biologically stable natural plant communities, and
environmentally sound practices.
From an ecological, legal and social standpoint, good, fair and workable weed ordinances embodying
these guidelines are reprinted in the accompanying box. These examples are rationally based and provide
protections consistent with due process.
The Future
Perceptions change and with them so will the laws. As Justice Oliver Wendall Holmes wrote more than
a century ago "the first requirement of a sound body of law is that it should correspond to the actual
feelings and demands of the community" (Holmes, 1881 ). Up until a decade ago the natural landscape
movement was openly ridiculed. In a 1981 interview, for example, Robert Schery, the executive director
of the Lawn Institute, a trade association, said that the natural landscaping movement consisted of
"environmentalists who are talking mainly to themselves rather than the public". In 1995, the Institute's
then director, James R. Brooks, while still advocating the benefits of a lawn, acknowledged to me (Bret)
that there is a "legitimate place for natural landscaping in our national landscape scene." But more
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important than isolated statements, there are three significant institutional trends that spell a healthy
green future for natural landscaping. One result of these trends will be the demise of outdated and
unenlightened weed laws.
First, the natural landscape movement will move beyond discussion and debate and become an accepted
part of American culture because the federal government has joined the effort that for so long has been
shouldered by individuals, non-profit groups and some in academia. The most far reaching and
significant official act came in 1994 when President Clinton issued an Executive M2emorm~dum
requiring natural landscaping to be considered for use at federal facilities. Post office prairies!
Fran McPoland, Federal Environmental Executive, views President Clinton's Executive Memorandum as
the first national effort requiring federal agencies to look at landscaping practices from a holistic
perspective, and noted that, "there are many attributes i.e., geographic location, disease resistance,
nutrient and water requirements, run-offproblems, and pesticide applications that play a major role in
the overall success of any landscaping effort. These attributes impact the immediate environment and its
resources, and therefore must be taken into consideration." In keeping with this, McPoland's office
recently issued guidelines for federal agencies seeking to implement the memorandum.
The lead taken by the federal government is also evidenced by the Native Plant Conservation Initiative,
established in 1994 as a consortium of 15 government agencies and more than 90 non-federal
cooperators working collectively to preserve and protect our native plant heritage. Through grants,
education, and a comprehensive effort to share resources and information the NPCI is having significant
influence in the battle to protect and preserve native plants and plant communities. According to Peggy
Olwell, NPCI chair and endangered species coordinator for the National Park Service:
Native plants have been overlooked both in conservation and horticulture for sometime now.
To illustrate this point, more than 55 percent of the species protected under the Endangered
Species Act are plants and less than five percent of the recovery funds go towards plant
conservation. The NPCI works to organize and support current efforts, our grant program has
funded over $1.5 million worth of plant conservation projects.
The Environmental Protection Agency has put its considerable clout and resources behind the effort to
educate municipal officials and corporations about the benefits of natural landscaping, which the
USEPA calls "Green Landscaping." The HSEPA has initiated Beneficial Landscapes working groups in
many of its regions. Region V, in the Midwest, has the most comprehensive initiative to date. According
to Danielle Green, Region V Environmental Protection Specialist, the Internet homepage on natural
landscaping has hundreds of hits per week. In partnership with the Northeastem Illinois Planning
Commission, the USEPA has published a comprehensive tool kit Source Book on Natural Landscaping
for Local Officials designed to advance the growing acceptance of natural landscaping as a positive and
appropriate use of suburban residential, retail and commercial property.
Second, on a private industry level, real estate developers have become cognizant of the natural
landscape movement and its appeal to clients. Landscape architects and authors are promoting the
"landscape envelope," - an approach to design that places a premium on preservation of natural features
and vegetation (Wasowski, 1996). North of Chicago an entire subdivision, Prairie Crossing, is being
constructed in harmony with the land. A key element in this development is community-wide use of
native plants in a natural landscape that includes prairie, savannah and wetland (Rodkin, 1995; Martin,
1995; Rappaport, 1997).
Third, schools, big and small, have caught the natural landscaping bug. At the college level, according to
Assistant Professor Bob Grese of the University of Michigan, a former student of natural landscape
pioneer Darrell Morrison, there is an ever increasing demand from ecology, landscape architecture and
environmental science students for classes on native plant biology and natural landscaping. But while
demand is increasing, retirement has led to a loss of professors trained in field biology. This, coupled
with the fact that universities continue to focus attention and resources of molecular biology, has made it
difficult to meet the growing demand. Moreover, recent graduates who have been exposed to
native-plant biology and natural landscape concepts face an established professional community that is
frankly reticent about this new trend. As Professor Grese explains, an entire generation of landscape
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professionals was forced to put the plants in after-the-fact, when the rest of the design was done. Natural
landscaping demands the opposite, and requires designers to consider the plants as part of the overall
system.
There is some room for optimism. According to Peter Dyke, of the Northbrook, Illinois land planning
firm Thompson Dyke & Associates, his firm's goal is "to achieve the most desirable balance between
maximizing both the development potential of land and the positive environmental contribution of the
project including the preservation, enhancement or establishment of natural resources." Natural
landscaping is the key. As Dyke views it:
Planners, designers, developers and policy-makers have a responsibility to educate others
about the importance of natural ecosystems and habitats in an age of deforestation and global
warming. The physical manifestation of harmony between built development and natural
landscaping can provide the spark needed for greater social awareness and responsibility as
caretakers of our planet.
The virtues of natural landscaping take on particular import with respect to the reduction of non-point
source pollution and flooding in urban areas. The acres and acres of impervious land cover that has long
been a characteristic of urban areas, increases the velocity and volume of surface runoff resulting in a
decrease in filtration and greater volume and peak flows (Arnold and Gibbons). Land use planners are
employing native plants and natural landscapes to slow down the water and filter it before it enters lakes
and streams (Apfelbanm, Eppich Price, & Sands). According to Eagan, Minnesota, City Planner, Jim
Stntrm "From a planning perspective, I would encourage prairie whenever possible. It reduces the need
for irrigation, it's hardy, it's aesthetically pleasing, and it's good for the environment" (Davies).
Meanwhile, interest at the elementary school level has grown dramatically. [See Article by Molly
Murray! !] For more than a decade, P.f....o_j.c_c__t3.,ELL[~, administered through many states' Departments of
Natural Resources, has advocated outdoor classrooms, and there has always been an element within the
teaching establishment advocating outdoor education. Much of the outdoor education has been in the
form of field trips, but in the last several years, the trickle has turned to a torrent as schools have begun
to expand the classroom walls by bringing the "field" within the schoolhouse gate. Long ago, Jens
Jensen noted the importance of bringing Nature into our schools:
Modem school buildings of factory-like resemblance are cold and barren. They lack soul and
create a feeling of indifference in the mind of a child. There is nothing to attract the
imagination; nothing to arouse tender feelings. The school must be in accordance with the
home or its usefulness will be counteracted. Gardens create a love for the soil in the minds of
the children, that will develop into a desire for better, cleaner, and healthier home in the mind
of an adult. They appeal to the finer feelings of mankind and elevate the depressed soul and
depressed mind to a higher place in the human family and a greater appreciation for the
responsibilities of free-born men and women.
(Jens Jensen, Siftings, 1939).
Not Quite Yet
With the increased acceptance of natural landscaping by the federal government, developers, schools and
some landscape professionals, communities have slowly moved from repressive first-generation weed
laws toward more progressive third and fourth generation weed laws. Sometimes efforts to change
repressive weed laws are met with opposition based on old misunderstandings. For example, in 1995,
homeowner, Galen Pollock, was cited by the City of Omaha for growing 35 native plants in violation of
a local weed ordinance. Pollock met with city officials to explain the ecological purpose of his natural
landscape and to make it clear that they posed no public-health threat. The city dropped the citation.
Pollock, an authority on native prairies, was not entirely successful. Hurdles still exist. Although Pollock
encouraged a state senator to introduce a bill in the Nebraska legislature to better define worthless
vegetation and to protect natural landscaping, the bill failed.
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Meanwhile, as natural-landscaping proponents are working to change municipal ordinances and state
laws, some villages still don't understand the pressing need to change their laws, and insist on
prosecuting natural landscapers. With increasing frequency, however, where natural landscapers face off
against municipalities, it is the natural landscapers who emerge victorious.
For example, in Normal v. Becker, the City of Normal, Illinois charged Becker with violating a law that
prohibited "grass, weeds, brush or other noxious plants to height exceeding eight inches." Judge Donald
D. Bemardi, ruled for the defendant striking down the law as unconstitutionally vague. The judge held
that the term "weed" is subjective and a law cannot prohibit a plant without expressly and objectively
defining it.
Another recent case, this one in Canada, takes the cause one step further. In Ontario, an opinion by a
Canadian appeals court offers an enlightened and increasingly accepted view that natural landscaping is
more than just gardening: it is akin to speech and therefore entitled to protection against intrusive and
um'easonable government regulation. In Toronto v. Bell, the court struck down Toronto's weed
ordinance, which had been used to prosecute homeowner, Sandra Bell, for growing a natural garden on
her city lot. The Court held, the law was vague and an impermissible regulation of land-use based on
aesthetic considerations. The Toronto ordinance (called a "by-law") prohibited "excessive weeds." Bell
testified that when she moved to her home in 1990 the front lawn contained Virginia creeper vine,
sedum and Kentucky bluegrass. It was her aim to create an "environmentally sound wild garden." She
cited the numerous benefits of such a landscape and testified that her wild garden "creates a natural
setting for children and exemplifies peaceful, nurturing co-existence with nature for them. I have a
child," she told the court, "and I feel it is important to him that I show him that we can exist within
nature's way, not just our way." The Canadian court found that the practice of natural landscaping is a
matter of conscience that could not be prohibited without a compelling reasons. The only reason for the
weed law, as applied to natural landscapes, was to favor an aesthetic preference and, as such, it violated
Bell's fight to free expression. The United States Constitution protects the same rights and, although no
U.S. court has yet ruled on the free expression protection afforded natural landscaping, the Bell case
offers compelling authority for natural landscapers faced with an unreasonable weed ordinance
predicated solely on ensuring aesthetic conformity within a community (Rappaport, 1993).
Sandra Bell and thousands of other newly inspired natural landscapers are creating demand for
knowledge, resources, seeds, and demanding that local officials and neighbors be more accommodating
to natural landscaping. As a result, the quantity and quality of resources for these "Naturescapers," as
they are called in Canada, continues to increase. Professionals and others involved in restoration work
can best assist residential natural landscapers by recognizing that legal barriers still linger and working
to overturn them. With rare exception, the court cases that have been won and the legislative victories
that have been achieved, have depended on the support and assistance of scientific, legal and land-use
professionals willing to donate and share their time, effort, energy and knowledge to the cause. Their
support continues to be critical, and with that support... the telephone will ring less and less and less ..
BIBLIOGRAPHY
Apfelbaum, Eppich, Dice & Sands, The Prairie Crossing Project: Attaining V~ater Qua. lily and
Stormwater Management Goals in a Conservation Development, unpublished manuscript, 1995
Arnold and Gibbons, "Impervious Surface Coverage: The Emergence of a Key Environmental
Indicator", 62 J. of Amer. Planning Assoc., No. 2, Pg. 243, 1996
Bell v. Toronto, Ont. Ct. of Justice, Sept. 11, 1997
The Council for Environmental Education's Project WILD
Davis, "A Piece of prairie., Minn. St. Paul City Business, January 8, 1993
Gomes M. and Kanner, D., Ecopsychology : Restoring the Earth, Healing the Mind, 1995
8 of 11 9/22/99 11:46 AM
Weeding Out Bad Vegetation Control Ordinances http://www.for-wild.org/weedlaws/weeding.htm
Hatfield, A.W., How to Enjoy Your Weeds, 1971
Holmes, O.W., The Common Law, 1881
Jenkins, V., The Lawn, 1994
Jensen, Jens, Siftings, 1939
Lewis, C., Green Nature/Human Nature: The Meaning of Plants in Our Lives, 1996
Leopold, A., A Sand County Almanac, 1948
Martin, F., "Reinventing Suburbia, Riverside Revisited", Landscape Architecture, Aug. 1995
Mosser, M. and Teysscot G., The Architecture of Western Gardens, 1990
Murray, Molly,
Normal v. Becker (McLean Co. II1., Circuit Ct., 1997)
Northeastem Illinois Planning Commission, A Sourc'e Book on Natural Landscaping for Local Officials,
1996
Newton, N., Design on the Land: The Development of Landscape Architecture, 1971
Rappaport, B., "As the Natural Landscape Movement Takes Root, We Must Weed Out Bad Laws; How
Natural Landscaping and Aldo Leopold's Land Ethic Collide With Unenlightened Weed Laws and What
Must Be Done About It", 26.7. Marshal L. Rev. 865, 1993
Rappaport, B., "To Mow or To Grow", ..!![[.[dj]czk~'cc, Spring, 1996
Rappaport, B., "Prairie Crossing: Opening a Space for Naturalistic Solutions", Chicagoland Gardening,
Sept/Oct. 1997.
Rappaport, B., "The Lawn Ethic vs. The Land Ethic or Toronto v. Bell", Wildflower, Summer, 1997.
Reed, C., Backyard Bioneering, The Movement to Bring Biodiversity Back to the Domestic Suburban
Landscape, unpublished thesis, Tufts University, May, 1994.
Rodkin, D., "The Good Earth, Prairie Crossing", Chicago, Feb. 1995.
Scott, F.J., The Art of BeautiJS;ing Suburban Home Grounds, 1870
Schmidling v. Chicago, 1 F.3d 499 (7th Cir. 1994)
Tarlock, A., "Local Government Protection of Biodiversity: What is the Niche", 60 University of
Chicago L. Rev. 555, 1993
U.S. EPA, Great Lakes National Program Office, .G_~_'~g_~.Landscaping with Native Plants,
(http :/www. ep a. gov/greenacres)
Ulrich, C., "Prairies Reclaimed", House Beautiful, Oct. 1997
Wasowski, A., "The Building Envelope", Wildflower, Winter, 1996
Wilhelm, G., Speech to the Audubon Midwest Corporate Environmental Council, Spring 1995,
Rosemont, Illinois
9 of 11 9/22/99 11:46 AM
Weeding Out Bad Vegetation Control Ordinances http://www.for-wild.org/weedlaws/weeding.htm
Williams, T., "The Joe-Pye-Weed Is Always Taller in the Other Person's Yard", Audubon, Vol. 83, No.
4, July, 1981
SAMPLE LOCAL ORDINANCES
The text of many natural landscaping ordinances is too voluminous to reprint. Instead, several municipal
ordinances are identified here and full text of others can be found on the USEPA web page.
The Madison, Wisconsin natural lawn ordinance exemplifies the second generation type weed law:
Any owner or operator of land in the City of Madison may apply for approval of a land
management plan for a natural lawn, one where grasses exceed eight (8) inches in height, with
the inspection unit of the department of planning and development.
A model ordinance included in Bret Rappaport's comprehensive law review article takes the approach of
providing a setback:
Prohibition. Untended, rank and unmanaged growth of vegetation on any property within
the city which is visible from any public way, street or sidewalk, is declared to be a
public nuisance and may be abated in accordance with the procedures set forth in articles
2 and 3 of this ordinance. This prohibition shall not apply to vegetation native to [state or
region] provided there is a setback of not less than four (4) feet from the front line of
vegetation not in excess of 18 inches, exclusive of trees and shrubs.
Procedure. The city shall issue a written citation to a landowner whose property is in
violation of article 1 of this ordinance. The citation shall inform the landowner of the
basis of the citation and shall include the following information: 1) the date of any
inspection and the name of the inspector; 2) the names and addresses of any neighbors of
the landowner with whom the city had contract regarding the alleged violation of article 1
of this ordinance. The citation shall be adjudicated in accordance with the provisions of
art. __ [relating to adjudication of traffic offenses].
,
Abatement and penalty. Upon a finding of guilt in accordance with article 2 of this
ordinance, the landowner shall have 28 days in which to abate the nuisance. If he/she
does not so act, the city may take whatever action is necessary to abate the nuisance. The
cost of such abatement shall be accessed s against the landowner and shall constitute the
fine...
A 1996 proposal to amend the State of Nebraska State Code contained language pertaining to the weed
control powers of local govemment, with the specific provision that:
For purposes of this section, herbaceous vegetation that endangers public health, safety or
welfare does not include native grasses and plants indigenous to Nebraska that are (a) planted
and maintained as part of a garden or for landscaping purposes or (b) planted and maintained
for erosion control, weed control, or designated wildlife areas.
The proposed Nebraska statute offers a good alternative. It is simple and to the point. In its simplicity, it
easy to understand and enforce. In that way, it benefits both the city and the natural landscaper.
Text and graphics copyright (c)1999 Wild Ones -- Natural Landscapers, Ltd.
All fights reserved. Updated January 17, 1999.
Return to the Weed Laws Page
2!~_e..ttAm to the Wild Ones Home Page
10 of 11 9/22/99 11:46 AM
Weeding Out Bad Vegetation Control Ordinances http://www.for-wild.org/weedlaws/weeding.htm
11 of 11 9/22/99 11:46 AM
Wild Ones Handbook: Being Neighborly http://www. epa.gov/greenacres/wildones/wo 10.him
Being Neighborly
"I want us as a
culture to depart
from the old
tradition of
evaluating land
according to what
can be extracted as
a commodity or
abstracted from it as
a social asset and
turn instead to a
new tradition of
valuing land for the
life it harbors." -
Sara Stein
How to Naturally Landscape Without Aggravating Neighbors And Village
Officials
by Bret Rappaport, Attorney & Wild Ones President
There are five things the pioneering natural landscaper should do to minimize
potential conflicts with his neighbors. They fall broadly into the categories of
reasonableness and sensitivity to the feelings and concerns of others. The five
guidelines can be remembered by the acronym BRASH (that is: that Nature's
message and beauty are subtle, not BRASH).
BORDER
Humans prefer a sense of order and purpose. A wild yard can conflict with that
preference and, therefore, can cause discord amongst neighbors. A simple border
can alleviate this problem, making both the natural landscaper and his neighbor
happy.
Humans will accept something that looks like it is intended, while they will reject
the very same thing if it looks unintended. That concept translates to the first rule
on how to make your natural landscape acceptable to neighbors -- Put a border
around it.
The border can be lawn, or a hedge or a fence. It can be a series of low native
plants, or a stone or woodchip path. It really doesn't matter. The point is that by
placing a border between your yard and where it meets the sidewalk or a
neighbor's property, you have accomplished two things: First, it is clear that the
yard is the product of intent and effort, not neglect; second, you solve the practical
problems of large native plants flopping over into others' yards or obstructing
drivers' and pedestrians' sight lines.
RECOGNIZE THE RIGHTS OF OTHERS TO BE DIFFERENT
Remember that although you have a right to your coneflowers or prairie grasses,
your neighbor has the fight to clipped lawns, plastic geraniums, and cement lawn
deer. Nothing repulses more than arrogance.
Don't be an arrogant natural landscaper. Don't be a self-righteous natural
landscaper. ~Remember that you are a pioneer who is trying to win converts, not a
martyr willing to go down in a flood of litigation and neighborhood disgust.
Natural landscapers who consider themselves better than their neighbors serve
only to undermine their own cause.
ADVERTISE
You have good reasons to naturally landscape your yard -- let others know that
before you start. If you tell your neighbors why you're tearing up the lawn, or
planting native plants, or constructing a water garden, chances are that they will
accept it. There are two aspects of advertising: before and during.
Educating your neighbors and local officials before you begin your natural
landscape project is essential. Telling them what you're doing and why you're
doing it, increases understanding and reduces apprehension. If you have the
1 of 3 9/22/99 11:49 AM
Wik} Ones Handbook: Being Neighborly http://www.epa.gov/greenacres/wildones/wo 10.htm
conviction to do the right thing, then you should have the conviction to tell others
why you're doing it.
Once planted, I suggest a sign. Signs tell neighbors, village officials, and
passersby that your yard is intended to be the way it is, that your yard is a special
place, deserving of recognition and admiration, not contempt. Wild Ones has a
sign available to members. It can be purchased through your local chapter or
mail-ordered from the address on page 3. Write to us to learn the current price plus
mailing costs.
START SMALL
The journey of a thousand miles starts with the first step. So, too, does a
successful natural landscape.
You will reduce expense, increase the effect of your learning curve, enjoy your
efforts more, and engender less hostility from neighbors if you start in small steps.
No one wants an entirely naturally landscaped yard, edge-to-edge, to spring up
over night. That's not how Nature works, that's not how your yard should work.
HUMANIZE
Urban and suburban natural landscapers cannot recreate wilderness even if they
wanted. Moreover, most of us landscape with a view toward wildlife and Nature
because we recognize that we are a part of Nature not apart from Nature. We enjoy
the birds and butterflies that will call our land home. Your landscape should be
humanized.
This can be accomplished by running a woodchip or stone path through the yard,
placing a bench to create a sitting area. Other human elements, like birdfeeders or
birdbaths, are a good idea. I have even seen gazing globes used to create an
interesting effect in the natural landscape. Sundials are a nice touch. I have a small
windmill and old wagon wheel among my prairie plants.
Such artifacts serve three purposes. First, they show the outside world that this
property is part of a plan -- an intended, designed and purposeful land use. Like
the frame idea, people will accept that which they know is intentional as they will
reject the same thing if it appears rm~dom. Second, such artifacts lend a sense of
welcome to people. Natural landscapes are less threatening if they contain inviting
human touches. These touches do not, however, detract from the natural
landscape's purpose of providing habitat for native species, and working with,
rather than against, Nature. Third, these human touches offer the landowner
opportunities -- the opportunity to incorporate these artifacts in the overall
landscape plan, and the opportunity to enjoy them once in place. It is pleasant
indeed to sit on a bench from which one can watch the butterflies nectar on the
Coneflower or the Goldfinch drink from the Cupplant.
Wild Ones Handbook "Online" is a cooperative effort by:
Wild Ones - - Natural Landscapers, Ltd.
P.O. Box 23576
Milwaukee, WI 53223-0576
and
Pranas
Pranckevicius
Created: May 29, 1997
Revised: November 24, 1998
http ://www.epa.gov/glnpo/greenacres/wildones/wol 0.htm
2 of 3 9/22/99 11:49 AM
Wild. Ones Handbook: Being Neighborly
http://www.epa.gov/greenacres/wildones/wo 10.htm
3 of 3 9/22/99 11:49 AM
Wild Ones Chapters http://www.for-wild.org/chapters.htrn
Ones® Chapters
Wild Ones® has local chapters throughout the United States. Chapters are a
great place to meet others with an interest in native I~lants. Most chapters have
monthly programs on native plants and landscaping. Nlany sponsor tours of
members' yards and nearby native plant landscapes. C!~:q~tcrs may support
native landscape projects in nearby schools, provide "l~l~mt rescue" operations,
or have similar projects to expand knowledge and use o1' native plant
landscaping.
Joining a local chapter is a great way to meet friendly and knowledgeable folks. This will energize and
nourish your native plant landscaping.
Greater Dupage
Call (630) 41 5-IDIG for im~ !;>.
Lake-To-Prairie Ch., ~t'cr (N~r'~!~e:~sl' $11./Y~>~]~east Wis.)
Programs are usually pres,mted the second }, 'ol~,!:~x, ,~l"!~e mol~!h at 7:15 p.m. in the Byron Colby
Community Bam at Prairie Cross;hi.,. i; ;,':Lvx2 ::c. ~iS.: ~. -d5 .i'~,~! south oflll. 120). Visitors are welcome.
Call or fax Karin Wisiol. (s47) 5-iS-i(~. ) oi' :..i!~,~i l '. ,.'r i :.;.!.:.::.i,~.;! .... :li:.!.cya ~:;ess.con~).
North Park Village x, aturc (Yc~x~er (~q'm,~;,~' iC!aic:~9, o area)
Contact Bob Porter by ph,'.l~e (312) 744-5472 or
Rock River
Winnebago. Lee, Ot31e, an, t Boone cou!~! ies. :'. !,:cl i!'.,s :ire ttst~al lv on the third Thursday of the month.
For more informallure, contract 'Fr~;cv ~: :;h,li' i 2;!,...: ':': v I'1:~!: ;~' (815) 624-6076 or email
1 of 4 9/22/99 12:06 PM
Wild Ones Chapters http://www.for-wild.org/chapters.htm
(wwi n di go ~).ex ec
Wild Rose Chapt'er (iowa City area)
Contact Mary Palmberg by phone (319) 337-7917 or email (i~:~!!3.~_L~.crg(ggavalon.net).
Lawrence Chapter
Call Michael Almon by phone (785) 832-1300 or f:lx (785) 840-0313.
Frankfort Ch a pter
KeE! ckv
For meeting times and loc:~tions contact Katie Clark bv e-mail (!~erbs(4',.kih.net).
Louisville Chapter
For meeting information. contact Portia Broxvn by phone (502) 454-4007 or email (light~).entreky.neO.
Ann Arbor Chal~,ter
Meetings are held the second Wednesday of the momh. Contact David Mindell by phone (734)
665-7168 oremail ((.i:~!~tv~ ~i::?!.~!~,ii ).
Flint Chapter
Meetings are held the third Thursdav of' the month. Contact Deb Fasell by phone (810) 233-6655 or
emil ( dshi~fis:'i.:~.-': :.':.:tottz~::~.:~:~,; ~: ).
Oakland Couniy Chapier
Meetings are held the first Wednesday of the month :n Old Oakland Township Hall, Rochester, 7:00
p.m. Contact Marvam~ Wl~ilman I~y t~hone (245) (>52--~:)(>4 or cmail (n~'yan:nwhitn~m~hotmail.con0.
Otter Tail C h a l,~ te r
Meetings are held tl~e fourth Tuesday of the month. tts~mllv at the Prairie Wetlands Learning Center,
Fergus Falls. Contact Karcn Tcrr',,
St. Cloud Chapter
Meetings are held t!~c third Tuesl!ay of the ~nonth at ~:t~e Heritage Nature Center. For more information
please contact Grc~ :;hirle\' by pi:,~l~e (32~;) 25!.>-{ ~'2:5 ,!r ci!~:,i i (-!!i!:[ey~2!cloudnet.com).
2 of 4 9/22/99 12:06 PM
Wild O~es Chapters http://www.for-wild.org/chapters.htm
St. Louis Chapter
Meetings are held the first Wednesday of the month. Contact Scott Woodbury for info, (314) 451-0850
or email (.swood h~.~ !' ,;..:'rid ~ %'i ',.:,~. ,:?~-:~ :~L.cu'::'.).
Long Island Ch~i-~ter
Contact Janet Marinclli by phone (718) 622-4433 e×t.254 or email (janetmarinelli(~)bbg.org).
Columbus Ch:~ p~cr
Meets the second Salm'dav of lhc month at 10:00 a.m. at hmiswood Metropolitan Park, Innis House, 940
Hampstead Rd., Wcslcrviilc. Call Nlarty Preston, (c, I-!) 263-'N68.
Coyle Chapter (~: ~ i!!w:l l'er :~ re:0
Meetings are held on the last Satt,'day of the mo~:t!~ m 10 a.m. at the Stillwater Public Library, Room
138. Contact Michcllc Ragg~ by cmail at
Fox Valley Art~;~ ~ 2hag!~.ck'
Membership covers 12 counties in central Wisconsi,. !~e,.,~llar meetings are held the fourth Thursday of
the month at the Cot~,~,hlin Ccmcr. 625 E. Cou~:!:¢ ~ :. '~'. ~..~c!~l<osh, courtesy of the UW Extension Office.
Contact Donna \l":~'~eckci~ hy !.!lo,.~c. (921D 75~-3 :f, ,u' c, ~l~il (:~:c~?.resource(~)aol.com) or phone Carol
Niendorf, (920) 233-iS53.
Green Bay C~:,
Meetings are held at the Green Bay Botanical Card,ms. Call Bonnie Vastag (920) 494-5635 or email (
bhvastag(~ex~'.c.~?i:..,~ ~:).
Madison Ch:~
Meetings are held th,: last ~lhursd:/v oflhe monlh at .:\Ft~ol'elttlll McKay Center, 7 p.m. Contact Diane
Powelkabypl.~,te i~ ~) 87,7-{,3<. ;~,i-c::..:t~'.: ~ ).
Menomonee
Meetings are held :, '.:30 p.m. at The Ranch, W187 N~661 Nlaple Rd., in Menomonee Falls. Call Judy
Crane, (414) 251-21::5 or .i ~1. K~,:I. (414) 251-7175.
Milwaukee-Nora~:
3 of 4 9/22/99 12:06 PM
Wild Ones Chapters http://www.for-wild.org/chapters.hlm
Meetings are held at the S&!itz Audubon Center, 1111 E. Brown Deer Rd., Bayside, second Saturday of
the month, 9:30 a.m. For i l~l' >, c~l!l the voice mail mcss:~ge center at (414) 299-9888.
Milwaukee-'~Vehr Ch';! ~I~
Meetings are held at the WcI,,,' N:~t ure Center, second Saturday of the month, 1:30 p.m. For info, call the
voice mail message center :ti (41-!) 299-9888.
More chapters are being l~:'mcd, so check back, or contact the _~.ational office about starting a chapter in
your area.
Text and ?'at~hic.,' co!,yright (c)1998, 19~!9 \Vild Ones -- Natural Landscapers, Ltd.
·. !11':.,, !; :s reserved. Up, '.:il ,_'d S ,:l~lcmber 9, 1999.
4 of 4 9/22/99 12:06 PM
Marian Karr
From:
Sent:
To:
Subject:
Anne Zalenski [anne-zalenski@uiowa.edu]
Wednesday, September 15, 1999 12:16 PM
council@iowa-city.org
Northside neighborhood
To the Iowa City Council members:
I live on Brown Street. So does an unidentified man. The difference between
us is this. My husband and I bought our home nearly 9 years ago. During
that time we have repaired the house inside and out, we have gardened, and
we have worked with our neighbors and neighborhood association to improve
our neighborhood. We send our children to the neighborhood school and we
have contributed time and money to improve that school as well.
In contrast, the man I mention above lives in a rusty dented van, and more
often than not he is parked in front of our house. He matches the
description of the assailant in the still-unsolved sexual assault that
occurred one block from our home. He watches us from his van, and his
continual presence has undermined the feeling of safety and security in our
neighborhood. Two weeks ago, a sports bag (with items valued at $400.00)
was stolen from my car sometime between 10 and 12 pm. Curiously, when I
first parked the car, the van was parked in front of the house. By the time
I went out at 12 to move the car, the bag was gone and the van had moved a
few spots away. Perhaps a coincidence, perhaps not.
Let me illustrate the way this has changed our lives. My husband and I are
well-educated and middle-class. We looked carefully around Iowa City and
decided we were interested in moving into an older neighborhood that was
being revived. There was an interest (in part generated by the city) in
restoring the beauty and integrity of these historical districts, and there
was an overall intrest in having families move in to the central part of
town rather than having a lovely area turned over to the student/landlord
group. We have spent considerable resources doing our part to maintain a
part of Iowa City.
How unfortunate, discouraging and surprising then to learn that we have had
absolutely no support or assistance from Iowa City in dealing with a
problem that is degrading our neighborhood, and is perhaps a clear and
present danger to the people who live there. We no longer allow our
children to play outside alone, not are they allowed to walk their dog by
themselves. They cannot walk to school alone.
We are fortunate to have options. If the city would prefer to not maintain
its historic districts, and opts to support vagrancy in lieu of families,
we can help. We can rent our house at a handsome profit, and not worry a
bit about the noise, traffic, cars, and litter that accompany so many
rental properties in town. There are numerous communities nearby vying for
the resources and capital of stable employed families, and those towns have
excellent schools, lower taxes, reasonable water rates, and guess what? A
few calls reveals they have policies that prohibit people from living on
the street!
Can the council help explain this peculiar situation? People who can leave
will, and it seems foolish for Iowa City to lose out. We have followed the
rules here: we have talked to neighbors, lobbied grass-roots support,
called the police, called the city attorney, and have been careful to
present the case thoroughly. Other neighbors have done the same. If
anything happens in our neighborhood that might have been prevented by
action on the part of Iowa City, there is no question at all about the
consequences.
We look forward to your response.
Sincerely,
Anne Zalenski
John Zalenski
Marian Karr
From:
Sent:
To:
Subject:
Anne Zalenski [anne-zalenski@uiowa.edu]
Wednesday, September 15, 1999 12:41 PM
council@iowa-city.org
addendum
To The council Members:
My mistake: I sent my first draft of the letter rather than the second.
Please add the to the end of the letter.
...consequences. We will need to leave Iowa City. We don't want to. We want
to live here and continue to contribute to and benefit from this community.
But being afraid has taken a toll on us all, and we need to address that.
Can the council help us understand this situation?
Thanks.
From:
Date:
Re:
Iowa City Council
Jeff Gillitzer, 911 Highland Avenue
09/11/99
Kirkwood Avenue Stop Signs
SEP 14
CITY MANAGERS OFFICE
The final solution proposed for Highland Avenue traffic volume and speeding problems involve driver
education through strategic sign placement and increased law enforcement. While both solutions are well
intentioned and offer a measure of effectiveness for the short term, they do not address factors that
continue to negatively impact Highland and consequently are not long-term solutions. Given the police
departments finite resources and the fact that new signs today become old to the average driver in a short
space of time, it appears that Highland Avenue will remm to being a collector type street with less
impedance to traffic flow than the Kirkwood arteriole in parallel to it. The consequence of this is that
Highland will continue to be viewed as a more advantageous thoroughfare than Kirkwood Avenue. To
reduce motorists' incentive to exit Kirkwood in favor of less restrictive adjacent residential routes I am
now requesting that the city council consider replacement of the stop signs where Dodge and Keokuk
Streets intersect Kirkwood. Instead of using these stop signs I would propose the placement of timed
steplights at the Summit and Dodge intersections of Kirkwood to allow the smooth flow of
eastbound/westbound traffic that this arteriole was designed to accommodate. Taking into consideration
the funds that have been spent to build up this area both currently (Summit St Bridge $1,239,748.00) and
historically (Kirkwood construction 91-94--$1,217,973.00) the cost of installing stoplights and
completing the projects for that area would be nominal. Therefore, I am asking that the Iowa City
Council add to its agenda the topic of changing the Kirkwood stop signs to timed stoplights. Thank
you in advance for your time and consideration concerning this matter.
09 September 1999
Jim Fausett, Mayor
City HaU
Coralville, IA 52241
Errtie Lehman, Mayor
City Hall
Iowa City, IA 52240
Dear Mayors,
SEP 1_. 0 1999 .,_...,
eli'/tA NAGER'S OFE 2
I saw in the Sunday, 05 September issue of the Iowa City Press Citizen an article written
by Tom Simmons enti~ed; "Iowa City Drivers losing contact with their Humanity." After
kI
fifteen years being away from Iowa City and living in Los Angeles and New Yor, could
appreciate Tom's statements in this article completely. I do agree the drivers in Iowa City
and Coralville are very poor drivers. The drivers in iowa City and Coralville, do not yield
the right of way to pedestrians. They make unsafe and improper lane changes. Drivers do
not signal lane changes. They also make unsafe and improper turns. They will most likely
not signal a turn.
In addition to Tom's comments in the article, I would like to add, it appears to me that the
Iowa City and Coralville, Police Departments are very aggressive in enforcing the Vehicle
Code. It seems they are selective in what violations of the Vehicle Code they will cite.
This selectivity seems to be primarily the Speed Law. If there are going to be violations
issued for seatbelts, then all vehicles should be cited, not just passenger vehicles. I have
observed many passengers riding in the bed of pick-up tracks where no seatbelts exist. I
believe enforcement of the pedestrian laws, signaling, lane chang and proper distance
between vehicles, needs to be enforced as consisten~y as the speed laws. Maybe, the Iowa
City and Coralville Police Departments should develop a Traffic Division within their
Police Departments to adequately enforce all sections of the Vehicle Code.
Thank you for your time.
Coralvine, IA 52241
319.35 1.4378
Kelly Hayworth, City Manager
Steve Atkins, City Manager
Batty Bedford, Chief
R. J. Winkelhake, Chief
09-28-99
3f(5)
City of Iowa City
MEMORANDUM
Date:
September 13, 1999
To:
From:
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner
Re:
Extension of Passenger Loading Zone on South Johnson Street
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 September 24. 1999.
Action
Pursuant to Section 9-1-3A(18) of the City Code, signage will be installed indicating an extension
of the "Passenger Loading Zone" on the north side of the 200 block of South Johnson Street in
front of Willowwind School, 20 feet to the north of the existing zone.
Comment
This action is being taken to accommodate the loading and unloading of passengers since much
of the previous loading zone has been consumed by the installation of a fire lane in front of the
school.
ImVnem~rg-9-2,doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 13, 1999
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner
No Parking Corner to Here on Cross Park Avenue, East of Keokuk Street
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 September 24.1999.
Action
Pursuant to Section 9-1-3A(10) of the City Code, signage will be installed indicating "No Parking
Corner to Here" on the south side of Cross Park Avenue 40 feet east of the intersection with
Keokuk Street.
Comment
This action is being taken to better accommodate the turning movements of transit vehicles at the
intersection of Keokuk Street and Cross Park Avenue.
Im\mem\drg-g-3.doc
City of Iowa City
MEMORANDUM
Date: September 16, 1999
From:
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner
Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue
and Court Street
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 September 30, 1999.
Action
Pursuant to Section 9-1-3A(9) of the City Code, signage will be removed indicating "No Right Turn
on Red" for all approaches to the intersection of Muscatine Avenue and Court Street.
Comment
This action is being taken to remove unnecessary restrictions to the intersection and make traffic
operations more efficient. The No Right Turn on Ride signage was originally installed by Council
action to protect school children crossing the intersection. Due to high violation rates by motorists
this prohibition does not effectively ensure the safety of pedestrians. The existing traffic signal
operation includes an exclusive pedestrian phase which does more to ensure the protection of
pedestrians than the right turn on red prohibition. Observation of the intersection shows few
conflicts due to low to moderate pedestrian usage and low right turn volumes. Although the
intersection is skewed, sight distance is not a problem. Rules of the road and state law dictate a
driver must yield to a pedestrian in the crosswalk so this is a redundant restriction.
jwlmen~dr-musc2..doc
_.j ,.o
LL G_
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 16, 1999
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner
Installation of a Stop Sign on Wellington Drive at Scott Boulevard
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 September 30. 1999.
Action
Pursuant to Section 9-1-3A(5) of the City Code, signage will be installed indicating traffic on
Wellington Drive must stop and yield the right-of-way prior to entering Scott Boulevard.
Comment
This action is being taken consistent with City policy to stop side street traffic prior to entering an
arterial street in order to maintain the integrity of traffic flow on the arterial street.
Im~nem\drg-14-3.doc
City of Iowa City
MEMORANDUM
Date:
September 16, 1999
To:
From:
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner
Re:
Establish Metered Parking Spaces on the 400 and 600 Blocks of South Capitol
Street and the 10 Block of West Prentiss Street
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
shodly after September 29, 1999.
Action
Pursuant to Section 9-1-3A(17) of the City Code:
· 12 metered parking spaces will be installed on the 10 Block of West Prentiss Street on the
south side. These will be two hour meters.
· 14 metered parking spaces will be installed on the 400 Block of South Capitol Street on the
west side. These will be ten hour meters.
· 9 metered parking spaces will be installed on the 600 Block of South Capitol Street on the
west side. These will be two hour meters.
In addition, a commercial vehicle loading zone with a 30 minute time limit will be installed in the
center of the 10 Block of West Prentiss Street on the south side for a distance of approximately 46
feet.
Comment
Thisc~ction is being taken to establish on-street parking around the new University of Iowa
building. AIo the 600 Block of South Capitol Street and the 10 Block of West Prentiss Street, the
~esi~ntia~ _...~ currently exist on any of the streets fronted by the new metere.
-
Im~mem\drg-14.doc
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
September 16, 1999
City Clerk
Doug Ripley, JCCOG Traffic Engineering Planner ~t/
Removal of Right Turn on Red Prohibition at the Intersection of Muscatine Avenue
and First 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 September 30, 1999.
Action
Pursuant to Section 9-1-3A(9) of the City Code, signage will be removed indicating "No Right Turn
on Red" for all approaches to the intersection of Muscatine Avenue and First Avenue.
Comment
This action is being taken to remove unnecessary restrictions to the intersection and make traffic
operations more efficient. No Right Turn on Red signage was originally installed by Council action
in an effort to protect school children crossing the intersection. Due to high violation rates by
motorists this prohibition does not effectively ensure the safety of pedestrians. The existing traffic
signal operation includes push buttons for walk signals and adequate time for pedestrians to cross
on all approaches. The Right turn on Red prohibition provides very little additional safety to
pedestrians, with significant delay to motorists. High violation rates have also been observed as
this is an unexpected prohibition at the intersection of two arterial streets. Rules of the road and
state law dictate a driver must yield to a pedestrian in the crosswalk so this is a redundant
restriction.
Marian Karr
From:
Sent:
To:
Subject:
SWOUDE@aol.com
Friday, September 10, 1999 11:16 AM
council@blue.weeg .uiowa.edu
Northside Neighborhood needs your help
Honorable Mayor and City Council Members,
Did you know individuals are permitted to live in a van on the public
streets? Presumably forever? This is what I have been told by the police.
I am writing as a Mother, concerned citizen, and Northside Neighborhood
Association representative to ask for your help in addressing this problem in
our neighborhood.
TWO AND A HALF BLOCKS FROM OUR ELEMENTARY SCHOOL LIVES A MAN IN A VAN with
tightly drawn curtains. We rarely see him outside his van, although he
sometimes peeks through the curtains as children walk by. During the night,
he moves his van to the alternate side of the street. This summer we saw
him spread-eagle against his car, being questioned by the police as a suspect
in the sexual assaults which had occurred nearby, and taken away in a squad
car.
Last week, our neighbors on the 400 block of Brown Street had a robbery.
This family of five is now considering moving to a "safer" neighborhood after
learning from the police that there is nothing to be done about this man who
FOR MORE TF_AN A YEAR HAS LIVED IN A VAN IN FRONT OF THEIR HOME and is
suspected of committing this robbery. Neighbors no longer allow their
children to walk to school, walk the dog, or play unsupervised in their front
yards because they perceive this man to be a great threat, a possible
predator.
I know firsthand and have great respect for the City staff charged with the
responsibility of ensuring minimum standards in housing, particularly rental
housing. I found it surprising, then, that it is permissible to reside in a
van with no running water, toilet facilities, etc., and on the city streets.
Perhaps AN ORDINANCE COULD BE DRAFTED TO GIVE POLICE THE AUTHORITY TO
PROHIBIT INDIVIDUALS FROM "CAMPING OUT" IN PUBLIC PLACES for an extended
period. Perhaps it already exists.
Whatever the solution, I have confidence in your commitment to keep our
neighborhoods safe, and I appreciate and look forward to your efforts to
resolve this problem.
Please feel free to contact me if I may be of assistance.
Sincerely,
Barbara van der Woude
509 Brown Street
354-0953
Marian Karr
From:
Sent:
To:
Subject:
Rebecca Soglin [rsoglin@blue.weeg.uiowa.edu]
Tuesday, September 28, 1999 12:17 PM
council@iowa-city.org
Sierra Club event re sprawl, Oct. 5
Dear Council Members,
We thought you would like to know about this special Sierra Club
presentation about sprawl and smart growth. We hope you will be able to
attend the event on October 5.~
Thanks for your consideration,
Becky Soglin
Conservation Chair
Iowa City Area Group, Sierra Club
Concerned about sprawl -- and looking for smart-growth alternatives -- in
Iowa City, Coralville and surrounding towns?
The Iowa City Area Group of the Sierra Club invites you to attend a
lunchtime presentation of the Sierra Club Urban Sprawl Report on Tuesday,
October 5 at 12:30 p.m. near the new fountain on "City Plaza." Three
speakers will raise awareness about how sprawl impacts our environment,
economy and sense of community, and suggest ways we can promote
smart-growth.
County/city: Tom Carsner, Sierra Club member and Environmental Advocates
board member
State: State Senator Joe Bolkcom, District 23
National: Jennifer Hensley, Public Education Coordinator, Sierra
Club Midwest Region
Local and state media will also be invited to this event, which will be
held rain or shine.
We hope you will join us!
For more information, call Tom Carsner at 338-9335 or carsner@inav.net, or
contact Becky Soglin at 351-6410 or rsoglin@blue.weeg.uiowa.edu (personal
account).
Jennifer Hensley can be reached at jenhensley®juno.com.
Please share this notice with others who might like to attend the event!
Thanks.
Note: This is a personal e-mail account held
privately through the University of Iowa. It is
not a UI work account.
Marian Karr
From:
Sent:
To:
Subject:
Jeffrey Weiss [jeffisp@uswest.net]
Tuesday, September 28, 1999 10:06 AM
mflores@blue.weeg.uiowa.edu; aduarte@blue.weeg.uiowa.edu; cheryl-
hoogerwerf@uiowa.edu; dawn-jones@uiowa.edu; council@iowa-city.org
help put ICity on the map!
Hello leaders in Ia City!
Business Leaders for Sensible Priorities is performing its
"U Slice the Pie" bus tour Friday at noon in Hubbard Park
and CNN will be there to catch this performance.
We are trying to build a big crowd to increase the campaign
led by 500 business leaders to "Invest in Kids, not Pentagon
Waste."
Please come out and tell all your professional colleagues so
that Iowa City can look good for CNN.
Jeffrey J. Weiss