HomeMy WebLinkAbout2000-10-17 Correspondence 4f(1)/
Steve Atkins
From: Corbin Sexton [corbinsexton@home.com]
Sent: Tuesday, October 10, 2000 6:41 AM
To: ernie_lehman@iowa-city.org; irvin_pfab@iowa-city.org; stephen_atkins@iowa-city.org;
dee_vanderhoef@iowa-city.org; connie_champion@iowa-city.org; mike_odonnell@iowa-city.org;
ross_wilburn@iowa-city, org; eleanor_dilkes@iowa-city.org; editor@myicon.net; daily-
iowan@uiowa.edu; cbaldwin@press-citizen.com; gazedit@fyiowa.com
Subject: Letter to Mayor Lehman
What follows is a copy of a letter sent to Iowa City Mayor Ernie
Lehman in regard to a request for information from the city. Citizens
for Common Sense Growth requested public documents regarding the
proposed First Avenue extension. Unfortunately, much of our request
was unfulfilled by City staff. Thus, we are asking the Mayor to
intervene and ensure that we get answers to our questions. For more
information, contact David Redlawsk (354-4532) or Richard Pretorius
(337-3262).
Dear Mayor Lehman:
The Johnson County Council of Governments did a traffic analysis in
1998 that estimated traffic volume on two proposed new roads in
nodheast Iowa City: the First Avenue extension and the Scott
Boulevard extension. As a part of their analysis, the JCCOG Office of
Traffic and Planning used a QRS-II computer to calculate traffic
volumes on First Avenue if both proposed extensions are built. Two
numbers that came out of that traffic study have been the subject of
much controversy. The QRS-II model predicted that 9,897 vehicles would
travel on First Avenue north of Rochester Avenue per day (where the
road passes Regina Education Center) if both proposed extensions are
completed and 20,897 vehicles would travel on First Avenue south of
Rochester Avenue per day (where the road passes both Hoover Elementary
School and City High School) if both proposed extensions are
completed. While there is no disagreement about the need for the Scott
Boulevard extension, the need for the First Avenue extension is
being hotly debated and has been placed on the ballot next month after
4600 citizens signed a petition in the spring of 2000 asking for the
First Avenue extension to be removed from the city’s Capital
Improvement Plan.
Two weeks ago a member of city council was challenged by another
member of city council for having quoted the 20,897 figure. When the
member of city council who had been challenged produced a copy of the
computer printout from the JCCOG Traffic and Planning Division that
showed the computer-generated figure of 20,897 for the road segment
under question, the city acknowledged that their computer model had
generated the 20,897 figure but quickly dismissed the figure as "raw
computer data" that "reflected several erroneous assumptions." When a
private citizen then requested a copy of "all computer printouts, raw
data, drafts, final reports and memos" that the city used in
developing and reporting the JCCOG traffic report, the city refused to
release this information saying that they have no documents about the
traffic study other than two old memos (one dated December 14, 1998
and one dated November 14, 1996). When the city was asked to provide
clarification of the more than 200 computer-generated numbers on the
computer printout, many of which the city has quoted liberally in the
press, the city claimed that it did "not have a copy of the computer
generated figures."
1 O/10/00
Page 2 of 4
Many citizens are concerned that the road that is supposed to carry a
volume of 20,897 vehicles per day is rated by the city at a capacity
of 6,000 vehicles per day. The 20,897 figure was not marked with an
asterisk or indicated as '"raw data" when it was recorded on the
computer printout. Although the city has claimed that "the 20,897
figure generated by the computer model does not take into
consideration street capacity,"' the computer printout lists the
vehicle capacity to every road segment, as they have been assigned by
the traffic planners, including the 6,000 assigned to First
Avenue south of Rochester Avenue. Although the city has claimed that
"motorists would make alternative route decisions long before First
Avenue ever reached a traffic volume of 20,897," the computer is
already programmed to assign alternative routes when the volume to
capacity ratio equals 0.8, and it reached a figure of 20,897 even
after assigning as many motorists as possible to alternative routes.
Furthermore, the city has refused to release the final figures
produced by the computer for the segment of First Avenue south of
Rochester Avenue (as well as all additional road segments of First
Avenue down to Highway 6), even though it is impossible to run the
computer model without generating these figures. When the city was
asked to provide a copy of all of the calculations that were used by
the city staff to amend the computer generated figure of 20,897, the
city claimed that "there are no existing notes on the calculations
which were made nearly two years ago."
Questions also remain about the projected count of 9,986 vehicles on
First Avenue north of Rochester Avenue (which includes the proposed
extension as well as the current existing portion of First Avenue
where it passes Regina Education Center and the East Entrance to
Hickory Hill Park). On the same computer printout that shows the
20,897 figure printed by the computer printer for First Avenue south
of Rochester Avenue, the 9,986 figure is penciled in for First Avenue
north of Rochester Avenue. Why? Did the computer model produce a
higher figure that the city did not like, say 20,000, and so it
penciled in a smaller figure that it liked better? Since the computer
model indicates a capacity of 10,000 on First Avenue north of
Rochester Avenue, did the city deliberately select a number 14
vehicles less than the designated capacity in order to make it
appear as if the predicted number of cars was less than the
extension's capacity? Since the city is well aware that the computer
model has not been updated to include the traffic attracted to Coral
Ridge Mall, which is the largest attractor of vehicles in Johnson
County, why has the city not advedised that the true volume of
traffic on the extension will be considerably greater than 9,986? Has
the city deliberately used a computer model that is using outdated
traffic numbers in order to artificially minimize the projected
traffic figures that it calculated?
A number of additional questions remain. Is the proposed 1600 foot
extension of First Avenue going to be inadequate to hold the daily
traffic volume that will occur on the very first day that it is opened
for vehicular travel, as the city's own figures show? Is the hill on
First Avenue north of Rochester Avenue going to become the single most
dangerous stretch of road in Iowa City with its 10% grade, its
double-S curve, its curb cuts into private driveways on the east side,
and its proposed curb cut on the west side for a new entrance to
Regina Education Center? Is the section of First Avenue south of
Rochester Avenue, which is two lanes and has a capacity of 6,000,
going to become the single most congested stretch of road in Iowa
City, notwithstanding the fact that it passes two schools, Hoover
1 O/10/00
Page 3 of 4
Elementary and City High School? Is the intersection of First Avenue
and Court Street, which is already ranked in the top 25 of the most
dangerous intersections in Iowa City, going to become the second most
dangerous intersection in Iowa City if traffic doubles, or the most
dangerous intersection in Iowa City by far if traffic triples (as the
city's computer model predicts)? Is the stretch of First Avenue that
passes South East Junior High School, which is already the most
heavily traveled street adjacent to a school in Iowa City and
Coralville with 12,000 vehicles per day, going to have to contend with
twice the volume of vehicular traffic as well as frequent train
traffic? Are the 18,000 vehicles that currently travel the southern
end of First Avenue where it now joins to an east-west state highway
going to migrate to the northern end of First Avenue where it would
connect with the only east-west interstate in the state of Iowa? Will
First Avenue need to be reconstructed as a four lane highway to handle
the projected volume of traffic, just as Dodge Street is being
reconstructed at a cost of $6.6 million and Mormon Trek Boulevard is
being reconstructed at a cost of over $3 million. How long will it
take to travel the length of First Avenue, a distance of 2.65 miles,
during the opening and closing of school, a length of time which can
be easily be determined from the computer model—if the city is
willing to release the figure? Will it take 20 minutes, 30 minutes, or
even longer?
So where are the documents? Where is the data that supports the city's
claims about the traffic numbers? Why is the city refusing to release
these documents in direct violation of the open access laws of the
state of Iowa? Is the city deliberately trying to manipulate public
opinion and therefore influence the outcome of the public referendum?
Do the citizens of Iowa City not have the right to have the most
accurate traffic projections in order to help guide their decisions on
Election Day next month?
The refusal of the city to release public records, in violation of
Iowa Code, is particularly puzzling considering the publication last
week of the recent investigation by thirteen of Iowa's newspapers that
showed that local government officials in Iowa routinely deny citizens
access to public information, a report that immediately prompted state
attorney general Tom Miller to initiate a campaign to educate local
government officials about their duties and obligations.
A number of actions are indicated on the part of the city. The city
needs to make the 1998 traffic study available to the public
immediately. The city needs to provide the public with an explanation
as to why it has used unreliable figures to support the proposed road.
The city needs to have an outside consulting firm run another traffic
study within the next two weeks using objective, unbiased data and
using a computer model updated to include the Coral Ridge Mall.
Thank you for your prompt response to these requests.
Respectfully,
Randy Brown
Richard Pretorius
David Redlawsk
1 O/10/00
Page 4 of 4
Corbin Sexton
James Waiters
Citizens for Common Sense Growth
CC: members of Iowa City city council
Steve Atkins, Iowa City manager
Eleanor Dilkes, Iowa City attorney
Pat White, Johnson County attorney
Tom Miller, Attorney General, state of Iowa
press
1 O/10/00
October 11 2000
Randy Brown
Richard Pretorius
David Redlawsk
Corbin Sexton
James Waiters
Re: Citizens for Common Sense Growth Letter to Mayor Regarding First Avenue Extension
Dear Citizens for Common Sense Growth:
I have received your correspondence of October 10, 2000. On September 25, 2000 the City Manager
received an email from Richard Pretorius asking for two things: 1 ) "all computer printouts, raw data,
drafts, final reports, and memos that the City used in developing and reporting the JCCOG traffic report
that estimated traffic volumes on the proposed First Avenue extension and the proposed Scott Boulevard
extension," and 2) answers to 11 questions. Mr. Pretorius' first request was made pursuant to the Iowa
Open Records law.
Your letter inaccurately asserts that the City has "refused" to provide the information requested by Mr.
Pretorius. The Iowa Open Records law allows persons to examine public records. It does not require the
City to generate documents or data that do not exist at the time the request is made. Jeff Davidson
responded to Mr, Pretorius by memo on September 27, 2000, providing him with all available records.
Your apparent dissatisfaction with the fact that no other "computer printouts," "raw data," "drafts," or other
records existed does not mean the City "refused" to provide the requested information.
In addition to the demand for release of all public records, which is addressed above, the final paragraph
of your letter requests that the City provide the public with an "explanation as to why it has used
unreliable figures to support the proposed road" and hire "an outside consulting firm to run another traffic
study." On more than one occasion now City staff has attempted to explain that it did not use "unreliable"
information. Your requests for City action are curious given your apparent unwillingness to accept any
explanation offered by the City, and concurrence with the City Manager's recent recommendation that
City staff not be involved in any further public discourse concerning First Avenue, as expressed in David
Redlawsk's recent communication to the City Manager.
Ernest W. Lehman
Mayor
cc: City Council
jw/Itr/el-lstave.doc
410 EAST WASHINGTON STREET * IOWA CITY, IOWA 52240-1826 * (319) 356-5000 * FAX (319) 356-5009
10-17-00
Joh.,o. co..ty 4f(2)
% BOARD OF SUPERVISORS
Sally Stutsman, Chairperson
Charles D. Duffy
Jonathan Jordahl t' 00T 0 9 2000
Michael E. Lehman
Carol Thompson
October 6, 2000 '
Mayor Ernie Lehman and Iowa City Council
410 E. Washington St.
Iowa City, IA 52240
Re: Johnson County/Iowa City Fringe Area Agreement
Dear Mayor and Council Members,
Following a work-session on Tuesday the 3rd Of October, on Thursday the 5th of October 2000 at
its formal Public Hearings, the Board of Supervisors formally took action on the proposed
revised Fringe Area Agreement for Johnson County/Iowa City. The Board decided to send the
agreement back to the City for further review and discussion. There are a couple of issues with
the map that accompanies the written document that the Board feels should be addressed.
First, is the intersection at Herbert Hoover Hwy. and 1-80. The Map shows this as an area where
some commercial uses may be appropriate. The Board does not disagree with that; it does
however disagree with the area as identified. We'd like to review changing the lines to better
reflect land that is developable. It is our position, that in order to achieve the goals adopted in
the County's 1998 Land Use Plan, we must identify some areas in the county where commercial
uses are appropriate. This area has a long history of being used as commercial, and it geems
reasonable to stay with what has already been designated as commercial, rather than go out and
identify other areas in the county for commercial uses where it hasn't existed in the past.
Second, is the identification on the map in the southwest, southeast, and east, of areas designated
as agricultural uses preferred. When in fact it is currently zoned (1960) or used residentially. It
is our belief that the map should reflect the current zoning. As you are aware, if the land is
already zoned, the landowner has a right to use that land as zoned. We are aware that this may
be a mapping error, but it does need to be clarified.
913 SOUTH DUBUQUE STREET, SUITE 201 , IOWA CITY, IOWA 52240-4207 · PHONE: (319) 356-6000 , FAX: (319) 354-4213
At the Board of Supervisors formal meeting on the 5th, the Supervisors directed the Planning and
Zoning Administrator, and Assistant Planning and Administrator to represent Johnson County
during discussions with the Council and/or City Planning Commission.
I would like to make it clear on behalf of the Board, that we do not have a problem with the
majority of the proposed agreement. We think on the whole that it is an excellent agreement,
and will be a benefit to Iowa City and Johnson County.
If you have any questions or comments, please contact me.
Sincerely,
//
Chairperson
Cc: Karin Franklin
Director Planning and Community Development
Rick Dvorak
Planning and Zoning Administrator
t 0-t 7-00
4f(3)
October 9, 2000
Iowa City City Council
steering Committee 410 E. Washington Street
Members Iowa City, IA 52240
Sylvia Alva
Dear City Council Members:
Steve Auen
Holli Beeching The Broadway Improvement Group (BIG) has been meeting regularly
Mace Braverman since May 2000 to address issues and concerns in the Wetherby and
Jay Chelf Pepperwood neighborhoods, specifically the Broadway area.
Jerry Hartsen The group has been discussing a variety of physical, cultural and
Anthony Jennings perception improvements to the Broadway area. One in particular, the
Valerie Kemp physical improvements to Highway 6 has repeatedly arisen as an
important link to the vitality of the entire area.
Marcia Klingaman
Steve Long Highway 6 provides not only access to the commercial and residential
Brian Loring neighborhood, but it is also a visual gateway which determines the initial
perceptions of the area. It is our understanding that the proposed
sea. Mclntyre Highway 6 Improvement project is in jeopardy of being postponed
Pat Meyer beyond the City's fiscal year 2002 budget. It is vital to the health of the
Wendi Rooks Broadway area that the improvements remain a priority in the FY02
Capital Improvements Plan. We would appreciate your consideration of
Blaine Shaffer the affect on the commercial and residential neighborhoods in the
Terry Trueblood Broadway/Crosspark area when determining priorities in this and all
future Capital Improvement Plans.
RJ Winkelhake
Harry Wolf Thank you in advance for your consideration of this request.
Sincerely,
P.o. B o × 2491 Members of the Broadway Improvement Group
Iowa City IA 52244
319.358.0438
email: ncjc@inav.net
fax: 319.358.0484
RE: Pedestrian Safety 10-17-00
4f{4)
Marian Karr
From: Jean Schnake [jschnake@ci.coralville.ia.us]
Sent: Friday, October 06, 2000 7:40 AM
To: 'Scott Wright'; council@iowa-city.org; Jean Schnake; Kelly Hayworth
Subject: RE: Pedestrian Safety
Mr. Wright -
Safety has been a primary concern for that stretch for some time...and a primary impetus to the changes that
are proposed .... including widening the road itself to four lanes, straightening it for improved visibility, and
providing wider sidewalks/trails for pedestrian/bike use.
Unfortunately safety is also a reason for some of the potential delays on the project...it did not seem prudent to
widen the road up to the bridge on one side and then be forced to narrow to two lanes with difficult visibility
continue through the bridge and on to the other side. Hopefully funding can be secured so that the project can
proceed as originally planned in the fairly near future.
Successful cooperative ventures are often the key to projects of this magnitude...particularly when there are
multiple governing bodies involved...in this case we have the University, the City of Iowa City, Coralville, and
the Railroad to mention a few. We have been fortunate that for the most part we have all been able to keep
the shared concern for safety as a common goal.
Coralville only governs that portion of the road up to the bridge on the north side. Am assuming from your
comments that you may be trying to cross on the south side of the bridge? I've traveled that portion of Mormon
Trek fairly regularly and appreciate your concerns for the traffic. Your suggestions for improving the ability to
cross am sure are appreciated. Unfortunately tunnels and bridges can be more than prohibitive and could
potentially further delay the implementation of the core project...but that is not to say that perhaps those looking
at the soothsaid might not consider same. The appropriate placing of a crossing might be more viable - at
least financially...but again, on the south side, that would not be for Coralville to consider.
One of the reasons that that area is so dangerous is the heavy traffic volume. I would hope that you and
others in the area would support another joint government project - that of extending Highway 965 to the south
so that Mormon Trek is no longer essentially the only way to get from north to south on the western side of the
river ....
Thank you for your concerns .... please appreciate that the thoughts expressed are mine and do not necessarily
represent those of the other members of the Coralville Council or Administration.
Good luck.
..... Original Message .....
From: Scott Wright [__m..._a_.!!._t_oj.__W__right@blue.weeg.uiowa.edu]
Sent: Wednesday, September 27, 2000 4:54 PM
To: council@iowa-city.org; jschnake@ci.coralville.ia.us;
khayworth@ci .coralville. ia .us
Subject: Pedestrian Safety
I do not know who to address this to specifically. If I am not sending this
to the right place, then please notify me and forward it where it needs to go.
I am concerned about pedestrian safety where Mormon Trek goes under the rail
road bridge near the Hawkeye Apartments. Looking at a map, it appears that
10/6/00
RE: Pedestrian Safety Page 2 of 2
the rail road is the boundry between Coralville and Iowa City.
Understandably, one city can easily pass the buck and avoid responsibility for
this problem.
Like many people, I live in the University's Hawkeye Court apartments and
communte to school, often by bicycle, via the pedestrian trail that runs from
this location to the University campus. My wife, my two small children, and
many of my neighbors also cross the street here regularly. I dare any of you,
at any hour of the day, to cross the street at this location.
I understand that there is some planning or consideration for widening this
section of Mormon Trek. Is this correct?
What consideration is being made for correcting this problem?
I suggest one of the following solutions:
a pedestrian bridge
a pedestrian tunnel
button activated traffic light and crosswalk
What direction/advice do you have for a pedestrian who must regularly risk
crossing this street?
I recognize that this may be confidential-but I often wonder if anyone has
died crossing the street there.
Thanks!
scott wright
10/6/00
t0-t?-~1"~
4f(5)
October 1, 2000 --
Ernie Lehman, Mayor, Iowa City
Members of City Council
Doug Boothroy, Director, Housing and Inspection Services
410 E. Washington St.
Iowa City, IA 52240
Dear City Officials:
We the members of the Northside Neighborhood Association want you to be aware of a
possible change affecting those living on the Northside of Iowa City and ask you to
recommend a reservation on approval until alternate plans are submitted. The proposed
change would be on the properties located at 510 and 512 E. Bloomington and would affect
the whole block. Gene Lariviere and Associates of Surgical Services, P.C., 1040 William
St, Iowa City, have submitted a site plan to the city. Residents in the immediate area
signed a petition asking the doctors submitting the plan to consider altemative plans for
parking. No direct response has been received from the petition delivered on August 31,
2000.
The Commercial Office zone on Bloomington Street was intended to provide a transition
from Mercy Hospital to the residential section of the Northside Neighborhood. It is an area
that is a mixture of residential and office uses. The office uses in the area have done a good
job of putting parking lots in the side and back yards. This has created a pleasant
environment for both the offices and homes in the area.
Both the residents and commercial office owners in the area are opposed to the site plan for
the new office building, which the City denied. That plan would pave the front yard of the
two lots in the middle of the block and would require a curb cut on Bloomington Street and
the removal of a beautiful mature tree in the City street right-of-way. This would also result
in the removal of on-street public parking to allow the curb cut. This is an area where
public on-street parking is in very high demand. Moving automobile traffic from the alley
to the curb cut off the street would result in pedestrian/car conflicts and conflicts with cars
on Bloomington Street. The result would be very negative for the residents and offices in
the area and the appearance of the Northside Neighborhocxi. A very nice block would be
harmed by the large amount of paving in the front yard, the loss of pubic parking and a
beautiful city-owned tree.
Although this may seem like a small decision, keeping this area pleasant is very important
for the health, safety and welfare of the city. Whenever residents are forced to leave the
older neighborhoods near downtown, the heart of the city is weakened.
The site plan and zoning ordinance are intended to prevent this son of development. The
ordinance specifically speaks to saving trees, and minimizing curb cuts and traffic conflicts
and creating compatible developments. For these reasons the City should stand by its
decision and insist that the developer produce a better design.
We believe that there can be a win-win result for all involved. We are not opposed to the
new office building but feel that it should be required to fit into the neighborhood like the
other offices have. It should not result in the removal of public parking spaces, loss of a
beautiful city tree and a vehicular curb cut that conflict with pedestrian and vehicular traffic
on Bloomington Street. The city planning staff drew a sketch plan showing how an
alternative plan could be done. There probably are many other ways of doing it as well by
placing the parking in the rear or at least to the side of the building.
The city is beginning an improvement plan for the Near Northside Businesses. Inclusion of
this area in the new comprehensive plan may be beneficial. Investigation of alternative
parking arrangements between the Bloomington business and Mercy Hospital or Zion
Lutheran Church might prove valuable.
Please recommend to city staff that they wait until other plans have been considered before
approving the submitted plan.
Thank you,
Darlene Clausen
338-8175
Members ot the Traffic/Parking Subcommittee
Eric Williamson 830 Ronalds St.
DaLayne Williamson 830 Ronalds St.
Ann Wells 600 Reno St.
Gary Neuzil 521 N. Van Buren St.
John Fitzpatrick 721 N. Linn
Darlene Clausen 508 E. Bloomington
Representing members of the Northside Neighborhood Association
Jim Ponto 618 Brown St.
Mike Lewis-Beck 417 Brown St.
Timothy Walker 621 N. Johnson St.
Karen Leigh 809 E. Bloomington St.
Nancy Sireduck 624 N. Gilbert St.
John Logel 720 N. Dodge St.
Timothy Shipe 423 Ronalds St.
Liz Moon 423 Ronalds St.
Eric Gidal 714 N. Johnson St.
Joyce Barrett 604 Ronalds St.
Terri Neuzil 521 N. Van Buren St.
Wayne Osborn 630 N. Van Buren St.
Claire Sponsler 413 N. Gilbert St.
Will Jennings 311 E. Fairchild St.
Sue Futrell 311 E. Fairchild St.
.Jackie Briggs 714 N. Johnson St.
Merrill Hamilton 715 N. Van Buren
Regenia Bailey 430 Church St.
Linda McGuire 618 Ronalds St.
Clarence Havercamp 619 N. Linn St.
Steve VanDer Woude 509 Brown Street
Matthew Lage 530 Ronalds St.
Missy Molliston 825 N. Gilbert St.
Renee Schluetter 720 N. Dodge St.
David L. Tingwald 814 E. Market St.
Alfred J. Marron 508 E. Bloomington
Enclosures: Petition, Site Plan Diagram
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Petition
~n o~e~ ~o p~e~e ~e ~endly s~eet~pe o~ o~
Bl~p~on S~t ~ u~e you to ~onsider your p~g plus for your c~c at
5 10-512 E. Bloomin~on. We would ~e you to consider ~temadve placements such
as put~g ~e p~g in ~e r~, or a more neighborh~d friendly ~gement
emplo~g drive ~mu~ p~g as o~e~ have done at 404 ~. Bl~m~on (20
spaces), 504 E. Bloom~on (4 spaces), 616 E. Bl~~on (6 spaces), ~d 626 E.
Bl~n~on (6 spaces).
N~e Address
' ' . '~ 630
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; z~ob PT/kl~I 5e~,c;r Pl¢~er
In order to pre~e ~e friendly s~~ of our neighSthud, we residents of ~e
Bl~m~on 8~t ~ u~e you to ~onsider your p~g pl~s for your cl~ic at
510-512 E. Bl~min~on. We would l~e you to consider ~tema~ve placements such
as pu~ng ~e p~g ~ ~e ~, or a mo~ neigh~rho~ friendly ~gement
emplo~g drive ~rou~ p~g as o~e~ hve done at 404 E. Bl~n~on (20
spaces}, 504 E. Bl~m~on (4 spaces}, 616 E. Bl~min~on (6 spaces}, ~d 6~6 E.
Bl~m~on (6 spaces).
N~e Address
Marian Karr 4f(6) ,
From: Greet, Mary [GreerM@uihc.uiowa.edu]
Sent: Tuesday, October 03, 2000 8:30 AM
To: 'council@iowa-city.org'
Subject: Vote to Ban Smoking
Dear Council Members,
Please consider voting to ban smoking in all restaurants. I firmly believe
that restaurant owners will NOT do it on their own, and for the health of
our citizens, I ask that you pass an ordinance banning smoking in
restaurants.
Some restaurants attempt to separate smoking and non-smoking sections, but
that doesn't work. Although the smoker may stay to one side of the
restaurant, the smoke does not. Also, by allowing smoking in restaurants you
encourage employers to maintain unhealthy work environments for their
employees.
I am radical enough in this venture to suggest that you take it even
further--ban smoking in the pedestrian mall! However, in the interest in
seeing the banning of smoking in restaurants succeed, I will save the
pedestrian mall issue for a later time.
Thank you for your consideration and please vote to ban all smoking in
restaurants.
Sincerely,
Mary E. Greer
1936 Flanigan Court
Iowa City, IA 52246-4649
319.338.1380
10-J 7-00
October 2, 2000
Robert G. Dostal
326 Douglass St.
Iowa City, IA 52246
Ernie Lehman, Mayor
City of Iowa City
410 E. Washington St.
Iowa City, IA 52240
Dear Mayor Lehman and Councilors:
Let restaurant owners decide whether or not to prohibit smoking on their
premises. The prude element is not obligated to frequent eating places.
When an anti-tobacco whiner enters a restaurant, his arrogance smells
worse than the smoke.
Very truly yours,
Robert G. Dostal'
cc: Libertarian Party
Mrs. Welty
10-17~
Marian Karr 4f(8)
From: john calvin jones [jcjones@blue.weeg.uiowa.edu]
Sent: Tuesday, October 03, 2000 11:39 PM
To: council@iowa-city.org
Subject: Alcohol price controls are not constitutional!
Please read my letter about the Sherman Act and price control schemes (593
words).
Dear Council members:
I understand that some of you believe underage drinking and binge drinking,
by students, are a problem. You also think that the local establishments
are at the center of this problem. Although I think you are probably
incorrect, I believe your hearts are in the right place.
However, I must tell you, that you cannot pass any ordinance that might:
(1) eliminate the right for bars to offer drink "specials;" or even (2)
mandate the number of cups a customer can have when buying a pitcher of
beer.
All this talk about regulating business practices and setting minimum
prices seemed a bit fishy to me, so I did a little checking. After about a
mere 10 minutes I found four cases (three from the US Supreme Court!) that
explained quite clearly, the city cannot pass any law in an overt attempt
to make bars charge minimum prices for drinks.
The first case I found was California Retail Liquor Dealers Association v.
Midcal Aluminum, Inc. et al, 445 U.S. 97 (1980). California had a law
stating, "no state-licensed wine merchant may sell wine to a retailer at
other than the price set [by the state]." Although the state's purpose,
helping smaller wine producers compete against larger firms, demanded price
fixing, the statute was not constitutional because California failed to
supervise the policy. And as the state did not establish "appropriate
prices" or review the reasonableness of the price schedules, the
wine-pricing program violated the Sherman Anti-Trust Act, 15 USC § 1, a law
passed in 1890!
A federal court using the same reasoning in Miller v. Hedlund, 813 F.2d
1344, (gth Cir. 1986), struck an Oregon law that prohibited quantity
discount sales of beer and wine. The court held that the regulations
violated the Sherman Anti-Trust Act, as the law accomplished the result
that constituted a "per se" restraint on trade. Moreover, the law was not
allowable because the state did not "actively supervise" the pricing of
beer and wine.
One year later in 324 Liquor Corp. v. Duffy, 479 U.S. 335 (1987), the US
Supreme Court decided that a New York law setting minimum prices for retail
sales of wine was unconstitutional. The court found that the state's
pricing system inconsistent with ~ 1 of the Sherman Act because New York's
law mandated [minimum] resale prices for wine. Again, any time a state (or
city) government tries to compel prices, such restricts the market and is
not within the power of that level of government.
In fact only one recent Supreme Court case tolerates price controls, but
only as an after effect, not an intentioned goal. In City of Columbia
[South Carolina] v. 0mni Outdoor Advertising, 499 U.S. 365 (1991), the
city's zoning restrictions limited the available billboard space. As a
result of the zoning scheme, the price for billboards increased. The
Supreme Court upheld the zoning law, despite the effect of restraining
trade because all cities have a right to control development via zoning.
I really do not know what Ms. Dilkes does to earn her salary, but providing
1
the council with quality information on short notice does not seem to be
one of her strong points. Why she ever told you that she would look into
the question is beyond me, maybe she forget to take any law courses on the
CONSTITUTION!? Please do not waste your time (or hers) or energy trying to
pass a LAW to improve upon prohibitions against public intoxication or
underage drinking. Instead, find pro-active and non-punitive ways to
achieve the same ends.
Thank you
John Calvin Jones
University of Iowa
PhD candidate,
Department of Political Science, and
College of Law (class of 2001)
341 Schaeffer Hall
Iowa City, IA 52242
319 321 2653 cell phone
319 621 0101 messages
319 335 2528 TA office phone
Unibed VV"aM
of Johnson County
Memorandum 321 E. Market St., Ste 302
iowa City. IA 52245
Phone: (319) 338-7823
Fax: (319) 339-7337
Date: September 27, 2000 info@unitedwayjc.org
To: United Way Affiliated Agency Directors and Board Representatives
United Way Citizen Review Panel Members
Elected Officials
United Way Board of Directors
From: Agency and Community Needs Committee
Re: Joint Human Sen, ices Fund..'ng Hearings
Please mark the date of November 8, 2000 from 7:00 to 9:00 p.m. on your calendar for a
Joint Human Services Funding Hearings Orientation. The orientation will be held at the
Coralville Public Library--1401 5tn Street.
In an effort to facilitate better communication and understanding among all those
participating in the Joint Human Services Hearings, we will be conducting a combined
orientation again this year. This will include agency directors and board representatives,
elected officials, United Way Board, and members of the United Way Citizen Review
Panel. We believe that by meeting together to discuss expectations and changes we will
all be able to fulfill our responsibilities more effectively.
Some of the topics that will be discussed at the orientation include:
· Community needs assessment update
· Human service programs and funding streams
· Format of Joint Human Services Hearings
· Agency review and allocations process
· Content of agency presentations
· Agency board member's role in nresentations
· Citizen Review Panel members' responsibilities
· Key information to review in agency budgets
· Conflict of interest policy
· Evaluation tools
We urge you to make every effort to attend this meeting so that you will be
knowledgeable about your responsibilities in this process as well as changes we will be
implementing this year. Please call and RSVP by November 3rd tO the United Way office
(338-7823).
We look forward to seeing you on November 8th.
Marian Karr
From: Carol DeProsse [cdeprosse@earthlink.net]
Sent: Friday, September 29, 2000 4:42 PM
,->
To: council@iowa-city.org
Subject: FYI "" ::': '-*-'
This should be sent to the Iowa City City Council.
............... Text of forwarded message ............... ":: ,' .........'
Date: Thu, 28 Sep 2000 19:42:38 -0500
Subject: JCNEWS: Land of the Free ~::'
From: "Carol DeProsse"
To: JC N EWS~yose_m_i_t_e_..leepfrog .com, sstutsma~,co.johnson. ia. us,
cduffy~,co.johnso_n_._i._a_=__u__s_, mlehman@co.johnson .ia. us,
Excerpted remarks by SHARON DEOLOVICH, ACTING
PROFESSOR, UCLA SCHOOL OF LAW, LA TIMES:
When 11-year-old Alberto Sepulveda was shot and killed last
week by a SWAT team member during an early morning drug
raid on his parents' Modesto home, the story barely made the
papers. The killing of Alberto Sepulveda highlights a troubling
trend in law enforcement: stealth raids on the homes of
sleeping citizens by heavily armed government agents.
(Take the case of the) widow of Mario Paz. She was asleep
with her husband in their Compton home at 11 p.m. in August
1999 when 20 members of the local SWAT team shot the
locks off the front and back doors and stormed inside.
Moments later, Mario Paz was dead, shot twice in the back,
and his wife was outside, half-naked in handcuffs. The SWAT
team had a warrant to search a neighbor's house for drugs,
but Mario Paz was not listed on it. No drugs were found, and
no member of the family was charged with any crime.
And then there is Denver resident Ismael Mena, a 45-year-
old father of nine, killed last September in his bedroom by
SWAT team members who stormed the wrong house.
10/2/00
FYI Page 2 of 2
Or Ramon Gallardo of Dinuba, Calif. shot 15 times in 1997 by
a SWAT team with a warrant for his son.
Or the Rev. Accelyne Williams of Boston, 75, who died of a
heart attack in 1994 after a Boston SWAT team executing a
drug warrant burst into the wrong apartment..
SWAT teams, now numbering an estimated 30,000
nationwide, were originally intended for use in emergency
situations, hostage-takings, bomb threats and the like.
10/2/00
City of Iowa City
MEMORANDUM
Date: October 4, 2000
To: City Clerk
From: Jeff Davidson, Acting Traffic Engineering Planner ~I~W
Re: Item for October 17 City Council meeting agenda: Installation of a NO PARKING HERE
TO CORNER sign on Evans Street at the intersection with Market 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:
Action
Pursuant to Section 9-1-3A(10) of the City Code, signage indicating NO PARKING HERE TO
CORNER will be erected on the east side of Evans Street at the intersection with Market Street.
Comment
This action is being taken to more clearly delineate the existing City Code requirement that
there shall be no parking within 10 feet of a stop sign. This action will improve overall traffic
circulation at this intersection and help keep vehicles from running over and damaging a
sidewalk curb ramp, a storm sewer intake, and a fence on private property.
Jccogadm\agenda\evans(10-17).doc
City of Iowa City
MEMORANDUM
Date: October 6, 2000
To: City Clerk
From: Jeff Davidson, Acting Traffic Engineering Planner ~/
Re: Item for October 17 City Council meeting agenda: Installation of special regulatory signs
on Laura Drive near Forest View Trailer Court
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9-1-3A(1), of the City Code, signage indicating MAINTAIN 75 FEET
DISTANCE FROM BACKING BUS will be erected at two locations on Laura Drive near Forest
View Trailer Court.
Comment:
The Iowa City Transit Manville Heights route bus must currently execute a backing maneuver
where Laura Drive terminates near Forest View Trailer Court. Signage indicating that vehicles
should keep at least 75 feet distance from a backing bus will be installed to alleviate the
problem of vehicles getting too close to a backing bus.
jccogadm/agenda/jd-backing.doc
Ju y 43, 2000 ,¢_ CRIJ Or
The Honorable Sally Stutsman, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, Iowa 52240
Re: CZ0027. County Rezoning Request for Property Located East of Dane Road and West and South of the
Lake Ridge Mobile Home Park
Dear Sally and Members of the Board:
Johnson County has received an application from J.E.B.B., LC, to rezone an approximate 125.43 acre parcel
located east of Dane Road and west and south of the Lake Ridge Mobile Home Park from A1, Rural, and RS,
Suburban Residential, to RMH, Manufactured Housing Residential. The property lies within Fringe Area C and
within the City's adopted growth area.
At its July 6, 2000, meeting, the Iowa City Planning and Zoning Commission recommended, by a vote of 6-0, that
the City Council forward a letter to the Board of Supervisors recommending denial of the requested rezoning due to
its non-compliance with the Fringe Area Agreement, Iowa City's Comprehensive Plan, and the Johnson County
Land Use Plan. The Commission further recommended that if the County is inclined to approve the rezoning
request, that the Council and Board meet to discuss the relationship of the Fringe Area Agreement to this particular
request as well as the future of the agreement itself.
The Commission believes that, in part, the intent of the Fringe Area Agreement is to ensure that urban density
growth occurs within the City, built to urban development standards, and with the benefit of City sewer and water
and other City services, and that growth in the County occur at densities more appropriate for a rural setting and be
directed away from prime agricultural areas and environmentally sensitive areas. The proposed development plan
does not appear to comply with the development policies of the Fringe Area Agreement for Area C, and the
applicant has not agreed to develop the property in accordance with City development standards. The
development of this parcel without annexation may inhibit the City's ability to serve and annex other properties
within its growth area. The development of the subject property without annexation will result in a substantial
population being served by a private sewage treatment plant when a modern publicly operated treatment facility is
available by gravity flow. The proposed rezoning is not consistent with many aspects of Iowa City's
Comprehensive Plan or the Johnson County Land Use Plan. The lack of a useable secondary access for residents
of the development, the amount of grading that will likely be required to implement the concept plan, and
uncertainties regarding storm water management are also of concern. The attached staff report provides more
details regarding these issues and the reasons for the Commission's recommendation of denial.
Based on the above reasoning, Council agrees with the recommendation of the Planning and Zoning Commission,
and therefore respectfully forwards a comment to the Board that the requested rezoning of approximately 125.43
acres from A1 and RS to RMH is not consistent with the policies of the Fringe Area Agreement, the Iowa City
Comprehensive Plan, or the Johnson County Land Use Plan. Therefore, Council respectfully requests that the
spirit and integrity of the Fringe Area Agreement be maintained, and recommends that the rezoning request be
denied.
Sincerely,
Ernest W. Lehman
Mayor
Enclosure
irtd~xb¢~jtP~ 2'[:L.d~.¢
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009
7-00
6k
City
October 17, 2000
The Honorable Sally Stutsman, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, Iowa 52240
Re: CZ0033. Rapid Creek Road Rezoning Request
Dear Sally and Members of the Board:
Johnson County has received an application from Karl H. and Sherie L. Luneckas to rezone
approximately 34.79 acres located in Fringe Area A on the south side of Rapid Creek Road,
approximately two miles east of Highway 1 North, from A1, Rural, to R8-5, Suburban
Residential.
At its October 5, 2000, meeting, the Iowa City Planning and Zoning Commission recommended,
by a vote of 7-0, that the City Council forward a letter to the Board of Supervisors indicating that
the City finds that the requested rezoning is consistent with the Fringe Area Agreement.
The Commission felt that the request was consistent with the policies contained within the
Fringe Area Agreement for Area A. These policies note that most of Area A is suitable for
residential development, as determined to be appropriate on a case-by-case basis. The
property is not located within the City's adopted growth boundary, does not have a high Corn
Suitability Rating, does not contain significant environmentally sensitive features, and should not
significantly increase traffic along Rapid Creek Road. The concept plan submitted with the
application indicates that approximately 70% of the property will be set aside for common open
space.
Based on the above reasoning, Council agrees with the recommendation of the Planning and
Zoning Commission, and finds that the requested rezoning of approximately 34.79 acres from
A1 to RS-5 is consistent with the policies of the Fringe Area Agreement for Area A.
Sincerely,
Ernest W. Lehman
Mayor
indexbc\ltrs\l -1 EL.doc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 * FAX 319) 356-5009
City of Iowa City
MEMORANDUM
Date: September 29, 2000 (for October 5 meeting)
To: Planning and Zoning Cornmission
From: Scott Kugle~,~ssociate Planner
Re: CZ0033. Proposed Rezoning of Properly Located Within Johnson County on the
South Side of Rapid Creek Road, East of Highway 1 North.
Sherie Luneckas, has submitted an application to Johnson County to rezone approximately
34.79 acres located in Fringe Area A on the south side of Rapid Creek Roa.d, east of Highway 1
North from A1, Rural, to RS-5, Suburban Residential. The application includes a concept plan
that illustrates a proposed street and lot alignment for the property if the rezoning is approved.
The Johnson County/iowa City Fringe Area Agreement provides the City with the opportunity to
review and comment on proposed rezonings within the two-mile fringe area prior to
consideration by the County's Planning and Zoning Commission and Board of Supervisors.
The Fringe Area Land Use Map illustrates nearly all of Area A as appropriate for residential
development at RS or RS-3 densities, but indicates that rezonings should be considered on a
case-by-case basis. The Agreement includes the following standards to help guide decision
making within the 2-mile fringe:
1. Discourage development in areas which conflict with the Johnson County Comprehensive
Plan which considers CSR (Corn Suitability Rating), high water table, wetlands, floodplain,
non-erodible soil, and road suitability;
2. Protect the public health by requiring developers to meet or exceed minimum standards for
water and wastewater systems in all developments within the Iowa City Fringe Area
pursuant to Johnson County Public Health Department Regulations; and
3. Encourage cluster development which preserves large tracts of open space including
environmentally sensitive areas and farm land, results in compact development which
requires less infrastructure, and is more efficient for provision of services.
The concept plan illustrates six building lots arranged along one new cul-de-sac, with about
70% of the property to be set aside as an outlot for common open space. The CSR for this
property is about 54, which is not considered a high rating. Only the southern portion of the
property is being farmed. Rapid Creek Road contains a chip seal surface. An additional six
residential lots should not have a substantial impact on traffic along the roadway. The County
will likely review the proposal with respect to its roadway management policy. The Johnson
County Health Department will evaluate the proposed water and wastewater plans.
An application to rezone the property immediately south of this tract was denied by the County
in 1992 due to a site visibility concerns along this curved and sloped portion of the roadway
(CZ9138). A long entrance road was proposed along an existing farm road that runs down the
west side of the property that is now being proposed for rezoning. The proposed drive
associated with the current proposal will be located farther from the curve and should have
better sight distance than the intersection proposed in 1991. However, staff recommends that
the County Engineer evaluate the proposed intersection location to determine whether or not
sight distance is adequate.
The concept plan for this property illustrates five building lots along a proposed new roadway,
and one "flag" lot leading from the roadway east to a building site at the crest of an adjacent
ridge, but still within the rezoning boundaries. If the rezoning is approved, preliminary and final
plats will have to be approved by the City. It has not been the City's policy to approved flag lots.
This issue will be addressed during the preliminary plat review for this property should the
rezoning be approved. It could be resolved by widening the podion of the lot which connects
the buildable site with the proposed street.
STAFF RECOMMENDATION:
Staff recommends that the City forward a letter to the Johnson County Board of Supervisors
indicating that CZ0033, a request to rezone approximately 34.79 acres located within Fringe
Area A on the south side of Rapid Creek Road east of Highway 1 Nodh from A1 to RS, appears
to be consistent with the policies of the Fringe Area Agreement, provided that sight distance at
the proposed intersection is determined to be adequate.
ATTACHMENTS:
1. Location map.
2. Concept plan.
Approved by:
Robert Miklo, Senior Planner
Department of Planning and
Community Development
U:lskugler$1wordlczOO33.doc
SITE LOCATION: 2 miles easterly on Rapid Creek Road CZ00033
t.~tw N~ / L~rl u~r~
AREA SUMMARY
:
October 17, 2000
The Honorable Sally Stutsman, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, Iowa 52240
Re: CZ0033. Rapid Creek Road Rezoning Request
Dear Sally and Members of the Board:
Johnson County has received an application from Karl H. and Sherie L. Luneckas to rezone
approximately 34.79 acres located in Fringe Area A on the south side of Rapid Creek Road,
approximately two miles east of Highway 1 North, from A1, Rural, to RS-5, Suburban
Residential.
At its October 5, 2000, meeting, the Iowa City Planning and Zoning Commission recommended,
by a vote of 7-0, that the City Council forward a letter to the Board of Supervisors indicating that
the City finds that the requested rezoning is consistent with the Fringe Area Agreement.
The Commission felt that the request was consistent with the policies contained within the
Fringe Area Agreement for Area A. These policies note that most of Area A is suitable for
residential development, as determined to be appropriate on a case-by-case basis. The
property is not located within the City's adopted growth boundary, does not have a high Corn
Suitability Rating, does not contain significant environmentally sensitive features, and should not
significantly increase traffic along Rapid Creek Road. The concept plan submitted with the
application indicates that approximately 70% of the property will be set aside for common open
space.
Based on the above reasoning, Council agrees with the recommendation of the Planning and
Zoning Commission, and finds that the requested rezoning of approximately 34.79 acres from
A1 to RS-5 is consistent with the policies of the Fringe Area Agreement for Area A.
Sincerely,
Ernest W. Lehman
Mayor
indexbc\ltrs\l -1 EUdoc
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 356-5009