HomeMy WebLinkAbout2001-03-20 Correspondence CITY MANAGER'S OFFICE
March 9, 2001
Mayor Ernest W. Lehman
City Council Office
410 E. Washington St 52240
Dear Sir,
"Our liberties we prize and oar rights we will maintain" (motto of the State of Iowa).
We are writing to express our disapproval of your support in applying for the U.S. Depamnent of Justice
Edward Byme Memorial State and Local Law Enforcement Assistance Program as part of the FY 2002
city budget.
We, along wilh mm~y other Iowa City residents, do not believe tlmt the measures called for by this grant are
consistent with our values. We feel very strongly that, by your vote on Councilor Kanner's amendmere,
you demonstrate insensitivity toward privacy rights fitat you, along with us, prize.
We live in a wonderful community and a blessed counlry. We believe that personal integrity, respect for
others, and responsible community-minded behavior have helped make this nation's commumty's strong.
However, the police actions sanctioned by rite D.O.J. 's grant are a fitreal to that respect and sense of
cohesivcness. Thesortsofmeasureseu~bodicdinddsgrantare~noresuitablefortheparanoidethosofa
commualst-bloc country fl~an they are a vibrant m~d free country or commanib,.
In tltis century, we suspect there will be accelerated rote of threats to personal privacy rights. We believe
that your acquiescence is unwise and does not honor the sensibilities of Iowa City residents.
We would like to urge you to reconsider your stance. We are coucemed that tILe Mayor should represent
and maintain our precious civil fights. Should not our state's motto be considered seriously?
Sincerely.
Charles and ~ileen Miller
1~0 ~eg Drive
Iowa ~ity Iowa 522~
NEIGHBORHOOD ASSOCIATION
March 14, 2001
City Council
City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
Dear Members of the City Council:
Re: Criteria and Respondent Pool for Alley Traffic Calming Study, Block 73 OT
City staff have indicated to us that further input from City Council is necessary for our views to
be effected in the traffic calming study referenced above. This letter is to request further review
by City Council of the unique circumstances of this study, and of the specific recommendations
of the Northside Neighborhood Association to city staff contained in our letter of February 27.
We enclosed a copy of this letter and of the staff reply of March 7 for your reference.
We share the view embodied in city ordinance that this study should be conducted in the most
objective manner possible, and we believe the traffic calming study procedure provides an
appropriately objective framework. However, in your direction of staff we hope you will affirm
that the traffic calming procedure was designed to study streets, not alleys, and that in studying
alley traffic, adaptation of the procedures to fit the circumstances of the alley must occur,
especially with regard to the scope of the neighborhood survey of the issue, and the objective
criteria by which traffic will be studied.
Of most particular concern to us is the scope of the survey of residents of the area. Staff propose
to survey only residents of properties contiguous with the alley in block 73OT. We believe that
this does not adequately represent the pool of people who are directly affected by the traffic in
question, and more significantly, ignores the aspect of this traffic most troubling to us.' the use
of the alley by through-traffic. I myself, although not an immediate neighbor of this area, have
in my rare visits to the area observed this phenomenon -- cars enter the alley from Dubuque
Street, climb to the top of the alley and turn and continue on Linn Street, or cross Linn Street
and continue into the alley on the next block.
Because of this through-traffic, we believe that properties contiguous with the 700 block of Linn
Street and of the alley of the block east of 73OT are also directly affected, thus, our
recommendation in our letter of Febrnary 27 that all residents and property owners within 300
feet be surveyed. Not only would this provide the widest reasonable pool of possible input, but
it would provide continuity with previous studies of possible remedies for traffic in this alley.
City Council
page 2
March 14, 2001
With respect to the objective criteria for study, we draw your attention to the recommendations
contained on page 2 of our letter of February 27, and reiterate that considerations that are either
new, or unique to this alley, should be included in your deliberation on this issue, including:
increasing rates of ownership of automobiles by university students, the steep and especially
narrow character of the alley, the presence in the right of way of impediments such as telephone
polls and dumpsters, the dangerously close proximity of residences and bedrooms, and the
nature of the middle of this block as buffer between the high density zoning of Dubuque Street
and the lower density zoning of Linn Street.
While it is not for the Northside Neighborhood Association to be party to the final decision on
this matter -- that is for City Council and the residents in and near block 73OT -o we have
remained attentive to this issue because it touches on many of the themes that have brought our
neighbors together into active association, most noteworthy: too many cars, too many cars
going too fast, and the impingement of high density developments on the tranquility, quality of
life, and property values of neighbors in lower density areas.
While the preparatory phases of this procedure are designed to be objective, ultimately City
Council will need to make a decision to approve -- or not -- any action proposed to ameliorate
traffic concerns in the 73 OT alley, based on the study and the comments of the residents of the
area. It is our hope that you will agree that through-traffic in alleys, and volume of fast traffic in
this unusually narrow, steep alley is worthy of a broader and more rigorous study -- adapted to
these circumstances -- than staff feel they can conduct on their own authority.
As the chair of our Traffic/Parking subcommittee and I will each be out of state in the later part
of March until April 3, we respectfully request that any City Council action on this matter not
occur before that time.
David Tingwald
Coordinator, Northside Neighborhood Association Steering Committee
814 E. Market St., Apt. D
Iowa City, Iowa 52245
Telephone: 338 1997
Cc: JeffDavidson
Eric: Letter of February 27, 2001 from the Northside Neighborhood Association to Jeff Davidson
Letter of March 7, 2001 from Jeff Davidson to the Northside Neighborhood Association
Mr. David Tingwald, Coordinator
Northside Neighborhood Association Steering Committee
814 E. Market Street, Apt. D
Iowa City, IA 52245
Re: Alley tra~c calming study in Block 73, Original Town
Dear David:
Thank you for your le~er of Februa~ 27, 2001. We are still planning to commence our tra~c calming
study in the Block 73 alley in April when we can get our traffic counters down to record tra~c speed and
tra~c volume data. Since our meeting in Janua~ at Horace Mann School, I have heard from three
residents and one prope~ owner on Block 73, and I can tell you that passions appear to range from
strongly opposed to strongly in favor of ena~ing some so~ of tra~c calming in the Block 73 alley.
I must have misrepresented my intent in requesting the neighborhood association to give fu~her
consideration to tra~c calming in the Block 73 alley. Since the tra~c calming program is not intended to
be a program where the City imposes tra~c calming on a neighborhood, but rather a program where a
neighborhood is empowered to determine if a majority wish to see tra~c calming implemented, what I
was looking for from the neighborhood is what tra~c calming measures you wish to have investigated.
You have indicated that a barricade which could be opened and closed is what the neighborhood
wishes to have evaluated. If there is an~hing else that seems appealing from the list of possibilities,
let's discuss those.
In order for criteria to be changed in the approved traffic calming program, the neighborhood will need
to ask the City Council to make adjustments for this pa~icular case. Currently the criteria we use is: the
speed of tra~c will be judged based on 5 mph over the speed limit, which is 15 mph in an alley. We will
need to make a judgment on whether or not an excessive amount of tra~c is present in the alley, and
we will do this by comparing our tra~c count to the number and type of propedies with vehicular access
to the alley. The neighborhood su~ey will be conducted of each residential dwelling unit on prope~y
which is contiguous to the alley. The neighborhood association should undemtand that the reason the
City Council adopted the tra~c calming program criteria was to have as objective of a basis as possible
on which to make decisions about traffic calming projects. Since you have sent a copy of your letter to
the City Council, I am sure they will advise me if there is a majority that wishes to modify any of the
evaporation criteria that I have stated above. They are aware of your request.
If you would like for them to discuss this issue at an upcoming work session, I would be happy to
schedule it. As we get closer to April when our evaluation will begin in earnest, I will be in contact with
you. Please let me know if you have any questions.
Sincerely,
Jeff Davidson -
Director of Tra~c Engineering Planning
cc: City Council
City Manager
Neighborhood SeNices Coordinator -- ' . .
410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240 1826 · {319) 356 5000 · FAX 1319) 356°5009
NEIGHBORHOOD ASSOCIATION
February 27, 2001
Jeff Davidson ' ':
Assistant City Planner '
City of Iowa City ,
410 E. Washington Street : :~ ~.-
Iowa City, Iowa 52240 - ' . _
Dear Mr. Davidson:
Re: Criteria for Alley Traffic Calming Study, Block 73 OT
At your suggestion, the Northside Neighborhood Association has discussed criteria for
the unique situation of conducting a traffic calming study on an alley. The circumstances
of block 73 OT are considerably different from a traffic calming study of a street. The
twenty-foot width of the right-of-way is encumbered with trash dumpsters, utility poles,
telephone equipment, retaining walls, and a building addition, built into the right-of-way.
The clear way is less than 16 feet.
The alley in question mirrors the steep hill of Brown Street and is difficult and dangerous
to negotiate in snow and ice. Residences at both ends oftbe alley are built right up to the
city right-of-way. Traffic passes within a few feet of bedrooms at ground level on both
sides of the alley. Increased traffic volume over the past two years has resulted in
StruCtural damage to one oF the historic residences.
The alley was not a through alley ~vben the abutting residences were built. No residences
have becn built in block 73 OT since the alley was paved through in the 1950's.
The Northside Neighborhood Association met, 22 February 2001, to discuss
recommcndations from its traffic and parking working group.
JeffDavidson
page 2
February 27,2001
The Northside Neighborhood Association unanimously agreed to recommend the
following criteria:
· Speed. Speed for street traffic calming is based on 5 m.p.h. over the speed limit,
which is 25 m.p.h. for streets. The threshold is 20% over the speed limit. The
Northside Neighborhood Association recommends a threshold of 12 m.p.h.
for the alley study. This, like the criterion for streets, represents 20% over the
alley speed of 10 m.p.h.
· Volume. Because 75% of the alley is zoned low density residential, the study
should be based on a formula for low density zoning. In computing that
formula, consideration should be given to only six of the eight abutting lots. Two
lots, lots 2 and 7, do not have vehicular access to the alley.
· Input. All property owners within 300 feet were considered tbr input over the
past year when the direction was to close the east half of the alley. The Northside
Neighborhood Association wishes to be as inclusive as possible to solicit input
from those who are affected, as well as those who perceive they are affected. The
Association recommends that all proper~ owners and tenters within 300 feet
continue to provide input into this process. Responses need to be delineated to
include the Following information:
o O~vner occupied ~ Renter~ Absentee landlord
o ttigh density ~ Low density
The Northside Neighborhood Association continues to believe the solution most woahy
of exploration is that or/~red by the Iowa City Fire Department. a lire gate that would
allow full access l?om both sides of the alley while eliminating through tra/'lic, but allow
emergency vehicles 1~11 access at all times.
David Tingxvald
Coordinator, Northsidc Neigl~borhood Association Steering Committee
for the Northsidc Neighborhood Association
814 E. Market St.. Apt. D
Iowa City, Iowa 52245
Telephone: 338 1997
Cc: City Council
03-20-01
From: Madan Karr
Sent: Thursday, March 08, 2001 5:44 PM
To: 'nklenske'
Subject: RE: UI student government
Thanks for your note. I will send this to Council for discussion at their next meetings on March 19 and 20.
Marian K. Karr, City Clerk
..... Original Message .....
From: nklenske [mailto:nklenske@blue.weeg.uiowa.edu]
Sent: Thursday, March 08, 2001 5:03 PM
To: council@iowa-city.org
Subject: UI student government
To the Iowa City Council:
I am writing to you as the University of Iowa Student Government
President-elect. As I look forward to the start of my term, them is much work
to be done before hand. I would like to meet with each of you sometime in the
near future to at least touch base, discuss some issues, and to learn from
your advice. I was thinking anytime after Mamh 18th. If you have any free
time please let me know.
I look forward to working with you,
Nick Klenske
UISG President Elect
~~jHe~t ] °3'20'01
3f(4)
Xt Xl 1 her C cle
~J~R 0 8 2Bgl Iowa City, IA 52245
March 6, 2001
CII' i J N GER'S OFFICE
To the Mayor and City Council:
My family has lived in Iowa City for over 20 years, and this is the first time I have felt
compelled to write to the City Council regarding the state of our city. I do not understand
how the City Council can be so irresponsible as to spend large sums of money on
unnecessary and frivolous projects when we have three malls sitting half empty, and
when there seems to be a mass exodus of professionals and tax payers to Coralville. The
latest insult is admitting that you are spending $50,000 to "pretty up" downtown, then
taking away the last easily accessed, short term parking lot in that downtown. Pretty it up
all you want- ifI can't find a decent place to park, I won't come there. I do not consider
a ramp that takes 10 minutes to get into and another 10 minutes to get out of an
acceptable alternative for a trip that lasts less than an hour. And what good are tubs of
flowers ifthere's no bookstore or department store or nice sit down luncheon options -
they've disappeared from downtown, and it's becoming an extension of the university
with more bars and apartments than anything else useful.
How about paying a little more attemion to your outlying areas, where most of your
tax base lives? The East Side has been a great place to live, and we'd like to keep it that
way. But increasing traffic and empty store fronts and eyesore property owners being
given a year more to clean up their mess is not the way to promote staying in Iowa City.
I am disgusted and discouraged, and hope you all get in touch with reality soon. Quit
thinking grandiose and start thinking small - what can you do with the good stuffthat's
already there to make it better? For over 20 years, Iowa City wasn't "broken", but you're
trying to "fix" it anyway, and in the process you are breaking it, perhaps irreparably if
you don't change soon. Please step back and look at the little, day to day picture, and
save our city for generations to come.
Sincerely,
Barbara Wiemer
To the Cit~ Coungil: '
I would like to thank all of you for the public discussion of the prOpoSed new
ordinances conceming drink specials and high risk drinking.
I think we need to come together as a commtmity to solve this problem. I have
always said that I want to be part of the solution, and not part of the problem when
it comes to underage and binge drinking.
Although I believe the definition that is used for binge drinking is silly (5 drinks in a
two week period for a male, 4 for a female) I do believe High Risk Drinking is a
problem that we need to address. I also believe the 21 age law to drink is silly (19
was just fine) but I enforce that law 100%. Under age drinking is a problem no
matter what age the legal drinking age is set at.
For the Bars and Restaurants:
limit the number of Liquor Licenses that can be in a commercial district. This is
a no bratnet. Just do it No one will oppose this. No one.
The elimination of "All you can drink" specials and "2foLI~" should be a high
priority on your list.
The elimination of the sale of more than 2xItin~ to any one person 21 or older
should be included. In bars that are 21 and over only, this rule could be modified to
permit multiple purchases. Doing this would eliminate 25 pitchers for $25 ( a
current special at One-eyed Jakes before 9 PM) and other Birthday specials around
town.
You also need to look at the elimination of draft beer sold in Pitchers. Nothing
bigger than a 16Oz. glass should be used to sell beer out of. Buckets of bottles
should not be allowed also.
The use of wristbands and a stamp system should be required at all places that
allow yoang adults under 21 on to their premises.
"Bar crawls" should also be on your list of things to be outlawed. These events
consist of 20 to 30 people who give each bar they want to go in a Timesheet of
where they will be at what time and what they will drink when they are there.
There shotrid be a system for those bars that do a good job controlling their
business.
The number of Fake ID's a Liquor License holder turns in each year should also
count towards something when it is tune for renewal. And the number of calls
generated to the Police to have a law breaker arrested should be seen as a good
thing, and not held against the bar.
And the number of Minors arrested in a bar for PAULA (Possession of Alcohol
under the legal age) should be used in conjuction with the effort the bar presents to
keep them from happening. A patron who is charged with this crime is responsible
for his or her actions, and the bar should not suffer because of it. We do not punish
Hy Vee because they have shoplifters, do we????
OFF PREMISE LOCATIONS
The~ale of Kegs of beer should be limited with a Keg registration ordinance.
High risk drinking is always seen and happens at the "Keg parties" all over Iowa
City. It is wrong to think a person buying a Keg of beer (which has 165 12 oz.
draws in it) can regulate who is drinking from it at a private party! Passing a law to
deal with this would stop all the Bootleg parties going on that promote underage and
high risk drink'rag ($3-5 for an empty cup and you drink until the keg is out of beer).
Ban the sale of "Cold carryout beer", and "tingle~" sold at gas stations. This
promotes drinking and driving and must be stopped!
Iimit the amount of alcohola person can buy at one time at these stores. Is it OK
to sell 3 cases of beer to one person who then goes outside and gives it to his or her
Minor friends? This is another major problem that promotes high risk drinking.
The current ordinances you are discussing are a good start. We need to take it slow
and pass some that will do something about the high risk and underage drinking, not
just ones to punish law abiding bar owners.
Thank you for your consideration of my thoughts.
Dave Moore
My name is Ilen P~tience and I am ~ junior at C~ty TI~gh School For my State
nr~ 16,~k-~no ~, Fncl,~ed ~ ih~ r~nr,~ I wrc, t~ ~r my cln~ T hope vc, i~ fin,4 it i~d in
S~cerely,
Underage Drinkin is a Big Problem
In a survey distributed to 145 Iowa City High School students, 62% said that they
drink alcohol. Of those students, over 70% said they drink either weekly or monthly. If
this doesn't show that underage drinking is a problem I don't know what does. Recently,
the Iowa City City Council has begun discussing possible ordinances that could be added
to Iowa City law to help curb underage drinking as well as binge drinking. Will these
ordinances be effective or are there more ordinances or options that need to be discussed?
Hopefully this paper will help in the answering of this question.
A while back, a list of suggestions from a task fixce appointed by the Chamber of
Conm~erce were put on the table for the Iowa City City Council to consider. Initially,
these proposals covered both the problem ofunderage drinking and the problem of binge
drinking, but since then the council has chosen to deal with each issue separately. Right
now, the council is discussing the binge drinking problem and has saved the underage
drinking issue to be tentatively discussed on March 19 at a Iowa City City Council
meeting This paper is meant to focus on the underage drinking ofhigh school students,
and since the proposed binge drinking ordinances would effect underage drinking
minimally, this paper will focus almost exclusively on what will probably be discussed at
that March 19 meeting.
The major proposal that will be discussed March 19 will most likely be that of
making a law that would ban people under 21 years old from entering bars This issue has
many people up in arms. Before it is possible to make an informed decision though, some
in[brmation is needed.
Some members of the community feel that this new law if passed would only cause
underage drinkers to go to house parties or neighboring towns like Coralville to drink. If
only Iowa City created laws regarding an emrance age li~t for bars, those who frequent
the bars in Iowa City underage, could easily just make the five minute drive to Coralville
bars and enter without facing Iowa City laws. This, combined with the influx in house
parties that would most likely occur creates a very dangerous situalion. Ifunderage kids
fi-om Iowa City go to North Liberty or Coralville to drink~ that just means that they must
be on the road longer while under the influence to get home at the end of the night which
would probably just result in more drinking and driving accidents. Plus, believe it or not,
bartenders aren't all bad people With a responsible bartender around, there is less of a
chance of rapes and drug use occurring while people are drinking when compared to the
chance of drug use or rape occurring at a house party where a responsible adult is most
likely not present. The only way to avoid this problem is for the 21 and over entrance
proposal to become state law. If commission members are interested in this, it would
most likely be discussed during next year's legislative session.
Some members of the community feel that making the entrance age 21 would just
lead to an increase in the number of fake ids, making it impossible to tell who is of legal
age and who isn't. Although there is no state or local law stating an age that is legal or
illegal to enter a bar, most if not all of the bars in the downtown already self-impose rules
of there own. Both the Q Bar and Brothers Bar and Grill don't allow those under 19 to
enter, and The Fieldhouse only allows 18 year olds to enter if they provide both a college
ID and a picture ID at the door. This is of course when fake identification comes into
play.
Recently, an organization has offered to give Iowa City bars a device that scans the
magnetic strip on the back of driver's licenses to let door-men know if an id is real or not.
Iowa City was chosen to be the testing site of the new device because Iowa City has a
high rate of alcohol overdoses. Information on the id scanners is still sketchy at best
though. It is unclear if the scanner would work on out of state driver's licenses and
exactly which bars have received or are going to receive the scanners "I haven't seen a
scanner, so I don't know enough about them yet, but it'll [the id scanner] never get rid of
the need to look at the person," said Mike McConnell, manager of The Fieldhouse.
McConnell says that The Fieldhouse confiscates over ten fake ids every night.
However, in the survey distributed to City High students, only 18% of the respondeats
said that they have used a fake id to enter a drinking establishment. This is where the
problems in making the distinction between high school underage drinking and college
t~eshman underage drinking occurs.
!n the City High survey, o~y five percent of the students who said they drink
alcohol go to bars to drink In fact, almost 80% of the respondeats said that they go to
friends houses or paflies to drink instead. If the Iowa City City Council is serious about
trying to curb high school underage drinking in addition to college drinking, the
ordinances that need to be proposed need to focus on where high school students actually
purchase their alcohol and do their drinking.
Instead of focusing on the downtown arca and adding more ' ...... m""rs and
gadgets to t,hat arca, pcr,haps more time should be spent looking at a!! the gas stations,
supermarkets and convenience stores where most students buy their alcohol. These places
are filled v; ith workers who have no clue how to le!! if an id is fake or real. Most of these
employees arc getting low pay for !ate nights and know that the chances of having a police
officer actually find out that they were the ones who let a few kdds buy a bottle of Jim
Beam arc slim. And if they do get charged criminally, I thimk as long as the kids provided
an id of some son, they did nol kno,Mngly break !he law and therefore should get off
without an,~ kind of punishment. Perhaps lhc Iowa City City Council needs to look at not
opJy makdng laws and regulations for bars, but for these places as well.
Some people still h~:e-,c +
..... ,hough thai the only way to curb the underage drinking
problem is to get the 21 entrance law passed Br bars "The only way the underage
drinking problem is going to be solved is going to be solved is to keep people under 21
out of bars," said Iowa City City Council member I~,in Pfab. Perhaps though, there is an
option that could help curb underage drinking by both high school and college students
and lower the number of house parties all at the same time. I ~ow many people my age,
inc!udino mysel~ that would like to get into bars not to driP, but to simply listen to the
bands that perform there eve~ ifight. With Iowa City being a college town, there is a
huge amount of musical talent that either isn't the right ge~e or isn't popular enough to
fill avenue like Hancher, Clap Recital Hall, or Ca~er Hawkeye ~ena, so they play al the
local bars. Yet, no onc under 19 can cxpericnce this eclectic, not to mention talented
group of musicians.
"' +"~ Iowa City City Council could create or somehove encourage the creation of a
....... +h,~f ...... 1,4 ~+~ +~ +h .... 11~ ~ +h~+ ~nh~h;+ lh,~,~ ~ih, ~d remain substance
c+,.a~+ ~ ........... + ........ a~ ] 300 ty ~t ~+,,a~+~ ~l,o,,,~ +~,~+ ~<oz ~+l,
believed that the .... +;~ ~ l~+~ .;~h+ .... l~h~ll~ ~+l ......... ld ~.A ....
.~. at an auuut that business at all, L.. · k~: ..... t~. if ~nohhcr one was c-catcd a d
~+h, I see no teasob wh~r it cou!d"'+ +b~"~ iB a ~,,.i., ~ ;.+~.~+.a
1~1 ~.,~ ~ T ..... CIty
;~ ..... 1~i ......+a~ ~ .... ~1~ ,h~ ;, solves. W th ~+ ~a'~ ~1~.~,
drir&ing in hqc bars. If you did, it ~ould most likdy mean that the drip&inS prcblcm has
..... t- ~=~h~i~ll,, are a -ood ;a .... a If an ~,~.,.~,,~,, ,~ ~,, ,. s ,~ glve
'~"~ "'~""'*'~'y, 5 '~" ~"" ' ~ ....1'~+1~" 1~ '~';ll;n~ *~ ' them out for
and gas stations vvhcrc alcohol can be boug,ht in larger qumntitics with leas regulation t,~an
.... i~ ~ ,~, ,h .... b~ ,h~ ~e~;,; .... · ,~ ~b ~. ,h~; ...... rather tha forcino them.
CITY OF IOWA CITY
C/O CITY COUNCIL / BUILDING DEPT.
410 E WASHINGTON ST
IOWA CITY, IA 52240
FEBRUARY 23,2001
To Whom It May Concern:
Last year, I began construction on a building located at 310 Scott Court. Throughout the
construction process I encountered several small obstacles delaying the completion of the
project. I was however, able to overcome those obstacles and I feel the building turned
out to be a nice addition to the neighborhood.
This year I would like to begin construction on a second building, next to the one I
constructed last year, however I am once again encountered with several more obstacles.
In addition to the restrictions I had on the first building, I have the following new
restrictions to manage:
1. The building department wants the entire second floor to be handicap convertible,
not just one apartment. I feel I will be able to meet this requirement.
2. The building department is requiring an engineer~ not a draft person, draw the
building plans. I will also be able to meet this requirement.
3. The zoning department tells me I can have only 800 square feet of office space in
this second building. I do not feel that I can build the second building with this
restriction. The CN-1 zoning allows only so many square feet for the entire area,
and the area at Scott Court has already been used up.
I would like to begin construction on this building in March, 2001. Please help me so
that I can satis~ requirements and still be able to construct the building as I had planned
If you have questions or would like to discuss this further, please contact me at (3 19)
358-8709 or (319) 354-7708. Thank you very much for your time. I look forward to
working with you.
Sincerely,
Martin R. Gaffey
03-20-01
Marian Karr L
From: caroline_dieterle@hotmail.com
Sent: Thursday, March 01, 2001 12:18 PM
To: ernie_lehman@iowa-city.org; ross_wilburn@iowa-city@org; mike_odonnell@iowa-city.org;
dee_vanderhoef@iowa-city.org; connie_champio@iowa-city.org; irvin_pfab@iowa-city.org;
council@iowa-city.org; cthompson@co.johnson.ia.us; tneuzil@co.johnson.ia.us;
sstutsma@co.johnson.ia.us; mlehman@co.johnson.ia.us; pharney@co.johnson.ia.us;
jpwhite@co.johnson.iaus; JeffreyLCox@aol.com; david-baldus@uiowa.edu;
cdeprosse@earthlink. net; thorne18@home.com; thompbobson@home.com
Subject: Article from Common Dreams NewsCenter
Hello,
caroline dieterle wanted to share an interesting article with you.
It can be located at:
http://www.commondreams.org/views01/0228-05.htm
caroline dieterle also added these conunents for you:
Common Dreams NewsCenter - www.commondreams.org
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Drug War has Made Drugs Cheaper, More Pure
Common Dreams
NEWSOCENTER
BreaP&E3 News & Views for the Progressi~ Comnmrfity
back to NewsCenter Thursday March I, 2001
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Published on Wednesday, February 28, 2001 in the Boulder Daily Camera
Drug War has Made Drugs Cheaper, More Pure
by Molly Ivins
AUSTIN, Texas -- That was quite a remarkable moment that George W. Bush had in
Mexico. You may have missed it or even assumed he was just pointing out the obvious
again, but consider the implications of the president of the United States saying in Mexico,
"One of the reasons why drugs are shipped, the main reason why drugs are shipped
through Mexico to the United States, is because United States citizens use drugs." And
that's not the first time that Bush has pointed out that our problem is not supply but
demand.
Now, this does not necessarily mean that Bush has thought through the policy implications
of his statement. Policy does not, actually, interest him much.
And it is also possible that he's suffering from cognitive dissonance on the subject, a
disconnect common to politicians of all stripes. But the futility of the War on Drugs is
apparent to everyone except politicians terrified of the dread accusation "Soft On Drugs."
The sad history of efforts to eradicate drug use in this country is pockmarked with recurring
waves of hysteria, usually involving the association of some drug with some minority group.
The Chinese and their opium dens, Mexicans and marijuana, blacks and crack -- we
literally scare ourselves silly, getting so scared of the menace of drugs that we react
stupidly. That politicians feed our fears, milk them for electoral advantage, is another part
of the sad pattern.
At the very least, I think we can expect Bush to support scrapping the annoying and
presumptuous process of certification -- our annual passing of judgment on Mexico's anti-
drug efforts. At best, Bush may see the real political opportunity here.
The cost of the War on Drugs, both in lives and dollars, is staggering. And people know it
isn't working. The first party to stand up and say so will get a real political windfall.
Bill Clinton, on his way out of office, told Rolling Stone magazine that he supports
decriminalization of small amounts of marijuana and an end to the disparity of sentences
for crack use vs. cocaine use. Of course, it wasn't terribly helpful of him to say this on his
way out the door. NOW he questions mandatory sentences for nonviolent drug offenders.
But it is possible for practicing politicians to take these stands as well. The Republican
governor of New Mexico, Gary Johnson, is famous for his crusade against draconian drug
laws.
The terrific new film "Traffic" underscores the futility of the War on Drugs. We have a
million people in prison on drug charges -- more than the entire prison population of
http://www.commondreams.org/views01/0228-05.htm 3/1/01
Drug War has Made Drugs Cheaper, More Pure
Western Europe. Federal spending has increased from $1 billion in 1980 to $20 billion on
the drug war last year, and the states spend even more.
Yet drugs are as available as ever. Both cocaine and heroin have gotten cheaper and
purer during the past 20 years. This is not working.
The bad news is that Attorney General John Ashcroft has a terrible record in this area. He
is a noted practitioner of the Git Tough school of political pandering. When he was in the
Senate, Ashcroft denounced the idea of spending money on drug treatment as a trick to
take money away from the War on Drugs.
According to "Drug War Facts," compiled by Kendra Wright and Paul Lewin, 55 percent of
all federal drug defendants are low-level offenders, such as mules or street dealers. Only
11 percent are classified as high-level dealers. Since the enactment of mandatory
minimum sentencing for drug offenders, the Bureau of Prisons' budget has increased by
1,350 percent -- from $220 million in 1986 to about $3.19 billion in 1997.
One of the most outrageous aspects of this is the seizure of property. During a 10-month
national survey, it was discovered that 80 percent of the people who had property forfeited
were nevercharged with a crime.
The U.S. Supreme Court has ruled that it is legal to take property from an owner who had
no knowledge of its illegal use. There is no presumption of innocence, no right to an
attorney and no objection to hearsay. The burden of proof of innocence is on the property
owner.
For all the money, time and hysteria spent on the problem of illegal drugs, all illegal drugs
combined kill about 4,500 Americans a year -- 1 percent of the number killed by alcohol
and tobacco. Rehabilitation is not only much cheaper than prison but also more effective in
reducing drug use.
Powder cocaine and crack cocaine are two forms of the same drug with exactly the same
active ingredient. The average sentence for low-level and first-time offenders for trafficking
crack is 10 years and six months; that's 59 percent longer than the average sentence for
rapists.
So we are looking at a colossal, stupefying, incredibly expensive failure. Don't you think it's
high time that we stopped pouring good money after bad?
Molly Ivins is a columnist for the Fort Worth Star-Telegram
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1129 Kirkwood Avenue
Iowa City, Iowa 52240
March 4, 2001
Dear Mayor Lehman and Council Members
1 appreciated the discussion among Council members on Feb. 5, 2001 about placing
traffic lights on Kirkwood Avenue to mitigate the impact of cut-through and increased
traffic on Highland Avenue. The eventual vote to hold off on placement of lights on
Kirkwood Avenue is a relief to me and to the neighbors on Kirkwood Avenue and on
Summit Street.
The informal vote, however, does have a positive result. It has brought together the
representatives of both areas that had not been done before. It has become clear that we
understand each others' frustrations about the traffic problems (increasing volume and
continual speeding) on both streets but we are also frustrated with the proposed traffic
calming actions. Residents concerned about both streets realize that something is needed
now, before summer, in response to the aggravation that Highland Avenue residents have
complained about over the past three years.
Residents concerned about both streets realize that renovations at Sycamore Mall will
impact traffic on these streets but no one knows just how. And, we agreed that the
completion of First Avenue, and its use, will be accompanied by changing traffic flow
patterns which, hope~fily, will suggest a more area-wide integrated solution.
In the meantime, stop signs on Kirkwood do somewhat slow down the "race car"
phenomenon on Kirkwood Avenue. We remain baffled with the decision to not put up
stop signs on Highland Avenue. They are being used on Court Street in numerous
locations. The bottom line is that Kirkwood Avenue residents support the efforts of
residents on Highland Avenue to have stop signs installed between Boyrum and Yewell
Streets until such time as an area-wide analysis can be made of potential development
and traffic impact on our neighborhoods.
Susan M. Horowitz
Cc: Mr. John Ries
Mr. Ruedi Kuenzli
Mrs. Thomas Nicknish
March 5, 2001
Dear Iowa City City Council members:
The residents of Highland Avenue thank the City Council for their time and consideration of
traffic signalization on Kirkwood on February 5, 2001. We are very disappointed that we didn't
get enough votes from the City Council to even explore the possibilities though.
During your discussions that evening, you encouraged the residents of Highland to continue to
explore traffic calming alternatives. As you can see from the attached memo from Doug Ripley
on July 9, 1999 (attached), written immediately following the removal of the chicanes installed
along Highland, there are no other physical changes that Doug could recommend to calm traffic.
All other alternatives, parking on both sides of the street retained, additional speed limit signs,
installation of Check your Speed signs installed (and continue to remain) and increased police
enforcement have occurred. Stop signs continue to be dismissed as a viable alternative due to
false security that traffic will stop for both opposing pedestrians and drivers.
The last alternative suggested in the memo involved exploring the possibility of improving traffic
movement along Kirkwood Avenue. Your decision on February 5 has left us with no other
altematives. The neighborhood followed the requirements of the Traffic Calming program prior
to the approval and installation of the chicanes and they were removed almost immediately due to
strong opposition from drivers using Highland who primarily lived outside of the neighborhood.
Highland neighbors invested a significant amount of time and energy to work through this
process. It is unlikely that interest can be renewed to start the process again based on what
happened with the last attempt.
This spring will mark 3 years since Highland residents established a need for traffic calming
measure on Highland. We still have a problem! Our initial request was for an equal amount of
traffic flow restriction as Kirkwood has i.e. stop signs. What really is available to residents of
Highland to control traffic? We have run out of possibilities/solutions. Maybe we need to make
Highland Park bigger and close Highland Avenue as it was before 19727
We understand the staff concerns related to the installation of unwarranted stop signs. But we
also understand that they have been installed all over the city in an effort to slow down or reduce
traffic flow - including Kirkwood. As no other options exist for us, we would like to formally
request that the City respond to our initial request of installing at least two if not three stop signs
along the length of Highland from Boyrum to Yewell.
We are simply asking for similar consideration to what Kirkwood residents asked for years ago.
We would appreciate hearing a response to this letter at your earliest convenience.
Sincerely
915 Highland Avenue
cc: Susan Horowitz
Rudy Keunzli
N C I C
The Neighborhood Council of Iowa City
Representing Iowa City Neighborhood Associations
March 14, 2001
RE: Highland Avenue/Traffic Issues
Dear Iowa City City Council Members:
For years the Neighborhood Council of Iowa City has discussed traffic concerns and the
use of traffic calming measures. Some ideas provided by citizens, city staff and the Neighborhood
Council have worked and some have not.
Traffic problems, such as those expressed by the residents on Highland Avenue are a matter
of public safety and a source of frustration and irritation that should not be ignored or put on an
indefinite hold. We ask that the members of the City Council grant the Highland Avenue residents'
request for stop signs as a traffic calming approach to traffic problems in their neighborhood.
Members of the Neighborhood Council note that stop signs are mostly successful in reducing
speeding and recklessness in the Goosetown and Creekside Neighborhoods.
Successful traffic-calming efforts will come from well thought out planning on a citywide basis.
The Neighborhood Council requests that the City Council:
· Address the concerns of the residents of Highland Avenue by the use of stop
signs as an approach to traffic calming in that neighborhood.
· Have Traffic Engineering work with the Neighborhood Council traffic
subcommittee to come up with a unified plan that can ease each
neighborhood's traffic problems without creating significant problems in other
neighborhoods.
· Implement a citywide plan according to guidelines agreed to by City Staff and
representatives of neighborhoods.
· Develop appropriate timelines and stick to the plans in order to provide a valid
assessment of the plan in meeting traffic calming goals.
We urge Council and City Staff to revisit the Traffic-Calming Program with the
Neighborhood Council in order to acknowledge the concerns of persons in the neighborhoods and
to address solutions to alleviate this ongoing safety issue.
Respectfully,
Neighborhood Council of Iowa City
410 East Washington Street
iowa C~ty, IA 52240-1826
(319) 356-5237
1 24 s. Ytb Ave.
Iowa City IA 52240
337-7739
From:Gary Sanders March 16,2001
To all Council members~ City Manager:
I have spoken to Susan Craig,briefly, about my prop~=~i
for use of the former Freshen's Yogurt space in the Lenoch &
Cilek building, and I will meet with her again Monday, March 19.
(I will also come to the Council work session Monday night) '
I am proposing that the City of Iowa City take ~:
advantage of the opportunity to have a viable,lively business
in that space until July 31,2001.
Though it is now empty, My April 15 I could return my used book store,
Best Of Books, Worst of Books,to that location. Also by May 1
it would be possible to have another tenant sharing the space:
David Burr of the Red Avecado Restaurant. He would prepare
and sell fruit smoothies, and would also sell cookies made
in his restaurant. He would also have approximately five
outdoor tables, as did Freshen's.
The rent that we could afford would be much, much less
than the $1,500 per month, plus utilities, that Freshen's
was offered. But we are prepared to work at this and give
the downtown a little extra life, especially as we look at
the Spring and Summer when more people want to come downtown.
If you agree that this is a good idea, and Susan Craig
thinks this worthwhile(though it obviously adds another
responsibility at a hectic time), we can discuss possible
rental dollar amounts. With Subway now gone, as well as
Freshen's and Mind Matters, I hope you will consider that a lively
business, even if it only pays $200-$300 per month on a very
temporary basis,is better than no business. And I am sure
that other ped mall merchants would welcome something there
besides an empty space, and would not object to a"good deal"
on ur rent for such short period especially with another /'~ '
barTrestaurant a ,
going in to the former Blimpies.
./
.AL,. · NEUZ,L NEUZIL & SANDERSON EC.
119 WRIGHT STREET
JAY W+ SIGAFOOSE P.O. BOX 1607 FAX:
IOWA CITY, IOWA 52244 13 19~ 356-6 153
March ,9, 200,
19 2001
Iowa City Council
410 E. Washington St.
Iowa City, IA 52240
RE: Developmere Code Review
Neighborhood Commercial Zone
Dear Council Members:
I am writing to you on behalf of Martin Gaffey. It is my understanding that you
are beginning a Development Code Review. Thepurposeofthisletteristourgethatyou
review the Neighborhood Commercial Zone (CN-1), and that you amend the CN-1
ordinance (Section 14-6E-2) to increase or eliminate the limitation it imposes upon office
space in CN-1 zones.
Since I am writing to you, it is obvious that this ordinance directly affects my
cliem. However, I believe there is also a greater community iracrest that would be served
by amending the ordinance. By explaining Marty's situation, I hope to demonstrate how
Iowa City in general suffers from the currein limitation.
Marty owns a two story building at 310 Scott Court, Iowa City. He finished
construction of this building in the fall of 2000, and it is fully occupied. The second story
consists emirely of apartments. The first story consists of approximately 2000 square feet
of service/retail space and 2000 square feet of office space (including Marty's own
insurance agency).
Marty has the opportunity to acquire the lot north of his property, and would like
to construct another building on this lot. It would be similar to the one described above,
with the second story being residential and the first floor being a mix of retail and office
use. However, it is not economically feasible for him to proceed due to office space
limitations in the CN-1 ordinance. The ordinance provides that the total ground floor
office space "shall not exceed fifteen percem (15%) of the total floor area, either existing
or proposed, in the Zone." This cremes a first-come, first-serve effect when a CN-1 area
is developed. Those who build early are not hindered by the limitation, but the last
structures built are controlled by an arbitrary limitation that cannot take into account the
actual community needs.
When Many checked with the City Planning office, he discovered that only 800
square feet are available for office space in his proposed building. This would force him
to look for service and retail tenants only, since he believes that 800 square feet would
not work for even a single office. His inability to market office space reduces his
flexibility· This increases his risk of having vacant space, because office type businesses
are eliminated from his pool of potential tenants. With only 800 square feet, the risk is
sufficient that the building is not economically feasible for Many. He needs at least 2000
square feet of office space, and would prefer the flexibility to offer 3000 square feet of
office space. He would like to begin construction this spring· However, due to the
limitation in the ordinance, the building will probably not be built, and Many will search
for another investment·
Marty's situation should be a concern of the local neighborhood and the entire
Iowa City community. Many believes that there is a demand for a building with office
space in the neighborhood. If the building cannot be built, the community will not
receive additional services, and businesses will lose the opportunity to expand into the
area. The arbitrary limit does not allow developers to respond to actual community
needs.
From the standpoint of the entire Iowa City economy, anyone who desires to
develop in a CN-1 zone can be faced with the same problem. It is likely that Many is not
the only person who has been discouraged by this ordinance· The office space limitation
reduces flexibility, increases risk, and ultimately makes investment unwise. Investors
and developers then look elsewhere, and they may place their capital into investments
that do not benefit the community (such as the stock market) or into investment in other
communities. As this problem continues to exist, investment will continue to flow away
from the City.
For the reasons stated above, I urge that you give special priority to examining the
Neighborhood Commercial Zone ordinance· I also urge that you move quickly to amend
this ordinance, either increasing the amount of office space allowed, or eliminating the
limitation entirely. Thank you for your consideration of this matter·
Very truly yours,
Cc: Manin Gaffey
March 19,2001
Dear Members of the Council: 2 :i "
As you are meeting tonight with the intention of passing alcohol ordinances-I'
wanted to send you a letter on behalf of my family and myself. Three years ago
my wife and I and our two kids moved into our house at 715 N. Van Buren St..
With that move began a three year struggle with a succession of tenants in a
rental property at 702 N. Van Buren. With your help, particularly councilor
O'Donnell, a party ordinance was passed to assist residents who are faced with
the terrible problems these "party houses" have created in our lives.
Unfortunately for my family, and me we continue to suffer the effects of
alcohol/substance abuse problems these young people have. We are glad that
the city containers to seek solutions to alcohol abuse and we hope our situation
and words underscore the seriousness of the problem. Because the tenants
understand our involvement in trying to make our neighborhood more secure,
safe and family friendly we have suffered retaliation. We are kept awake at night
by noise (usually alcohol is involved), our car has been vandalized, tools have
been stolen from my truck and personal property has been stolen from our yard.
We have also experienced middle of the night crank phone calls. The police
have not been able to help us (for instance, even though I witnessed property
being stolen, because it was dark out and I could not positively identity which
person it was who took it into the 702 house, they could not get our property back
for us). The landlord is absentee and has unlisted phone numbers (the phone
numbers the city has are disconnected). Incidents are escalating in severity and
my family feels intimidated and threatened. New York City has determined that
small "quality of life" crime lead to bigger crimes and we can vouch for that.
These young people, mostly male college students in our experience, do not
know how to behave as members of a community or how to handle independent
life in a responsible way. Under the influence of alcohol they have few inhibitions.
I have had every obscenity yelled at me by these individuals. It is destroying our
peace of mind and the quality of life in this town. This is an overwhelming
problem on an individual level. I believe solutions can be found with the
commitment of law enforcement, city government and the University working
collaboratively. On a personal level I am desperately searching for ways to be
able to stay in our home in our neighborhood. Thank you for the hard work you
have done on this issue. Please don't stop.
Sincerely,
Merrill and Teresa Hamilton
339-4839
.. 6375 ~ NUISANCES, ~157.2
vein all cases ~ CHAPTER 657
es, as gathered
c cir u st n s, NUISANCI S
12394; C46, 50, Liquor law violations, §123.60
~, §656.6]
657.1 Nuisance -- what constitutes -- action to 657.6 Stay of execution.
abate. 657.7 Expenses -- how collected.
657.2 What deemed nuisances. 657.8 Feedlots.
endor for rea- 657.3 Penalty -- abatement. 657.9 Shooting ranges.
redbytheven- 657.4 Process. '~ =>657.10 Mediation notice.
~ contract gov- 657.5 Repealed by 72 Acts, ch 1124, §282. 657.11 Animal feeding operations.
for attorney
ed. Thema.xi-
fifty do]lars.
~er, is limited
ring a lawyer.
rical services
places resorted to by persons using controlled
a lawyer's of- 657. 1 Nuisance -- what constitutes -- ac- soabst eftned in section ~l~sec~
tion to abate. ~s
~ttorney fees, Whatever is injurious to healt~l~,jndecent, or un- ' 5, in vialation of law, or houses where drunk-
ly them, may reasonably offensive to the selises, or an obstruc- enness, quarreling, fighting, or breaches of the
mont. tion to the free use of property, so as essentially to peace are carried on or permitted to the distur-
unreasonably interfere with the comfortable en-
joyment of life or property, is a nuisance, and a civil , signboard s, and advert
action by ordinary proceedings may be brought to signs, wl~eEh~t ~ ectcd and const. ~cLed on public
enjoin and abate the same and to recover damages or private property, which so obstruct and impair
rough 656.5, sustained on account thereof. the view of any portion or part of a public street,
~sundertkis [C51, §2131-2133; R60, §3713-3715; C73, avenue, highway, boulevard, or ailey or of a rail-
~ for the put- §3331; C97, §4302; C24, 27, 31, 35, 39, §12395; road or street railway track as ~o render danger-
:ined in sec- C46, 50, 54, 58, 62, 66, 71,73, 75, 77, 79, 81, §657.1] ous the use thereof.
~andingob- 95 Acts, ch 195, §34 8. Any object or structure hereafter erected
~and dollars within one thousand feet of the limits of any mu-
l cdiation re- nicipal or regularly established airport or [andlug
~s the court 657.2 What deemed nuisances. place,whichmayendangerorobstruc~aerialnavi-
lat the time The following are nuisances: gation, includingtake-offand landing, unless such
d cause the 1. The erecting, continuing, or using any object or structure constitutes a proper use or en-
itle ~o laud building or other place for the exercise of any joyment of the land on which ~he same is located.
!cted by the trade, employment, or manufacture, which, by oc- 9. The depositing or storing of ~ammable
.~'diation re- casioning noxious exhalations, unreasonably of- ju~tk, such as old rags, rope, cordage, rubber,
fenslye smells, or other annoyances, becomes inju- bones, and paper, by dealers in such articles with-
§3 rious and dangerous to the health, comfort, or in the fire limits of a city, unless in a building of
property of individuals or the public. fireproof construction, is a public nuisance.
tedlugs __ 2. The causing or suffering any offal, filth, or 10. The emission of dense smoke, noxious
noisome substance to be collected or to remain in fumes, or fly ash in cities is a nuisance and cities
:fter July 1, any place to the prejudice ofo~hers. may provide the necessary rules i'or inspection,
real estate 3. The obstructing or impeding without legal regulation and control.
:lroceeding, authority the passage of any navigable river, har- 11. Dense growth of all weeds, vines, brush, or
,ceeding, in bor, or collection of water. other vegetation in any city so as to constitute a
:>f notice of 4. The corruptlug or rendering unwholesome health, safety, or fire hazard is a public nuisance.
~ been flied or impure the water of any river, stream, or pond, 12. Trees infected with DutCh elm disease in
:~ rder prior or unlawfully diverting the same from its natural cities.
course or state, totheinjuryorprejudiceofothers. [C51, §2759, 2761; R60, §4409, 4411; C73,
5. The obstructing or encumbering by fences. §4089, 4091; C97, §5078, 5080; S13, §713-a, -b,
buildings, or otherwise the public roads, private 1056-a19; C24, 27, 31, 35, 39, §5740, 5741, 6567,
: ways, streets, alleys, commons, landing places, or 6743, 12396; C46, 50, §368.3, 368.4, 416.9'~,
i burying grounds. 420.54, 657.2; C54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
i 6. Houses of ill fame, kept for the purpose of §657.2]
prostitution and lewdness, gambling houses, 92 Acts, ch 1163, §116; 92 Acts, ch 1231, §56; 95
places resorted to by persons participating in Acts, ch 195, §35; 98 Acts, ch 1072, §1
· criminal gang activity prohibited by chapter 723A,
March 9. 2000 Informal Meeting, Pan 1 htrp://wwwdccn.iowa-city.ia.us/-auditor/minj000309 1 .htm
MINUTES OF THE INFORMAL MEETING OF THE JOHNSON COUNTY BOARD OF
SUPERVISORS:
MARCH 9, 2000
TABLE OF CONTENTS
· Jeanette Ryan-Busch: Incompatible Land Use
· Ncumann Monson PC Architects AIA Project Architect Dwight Dobberstein: Report/Update of
Request for Proposals for Jail Consultants
·Countv Attorney Pat White: Report/Discussion to Evaluate Lease Or Purchase of 821 South
Clinton Street; Space Needs Committee Recommendation on Administration Building Area
Campus and Potential Implementation Steps
· Discussion: Displa,/in~ Additional/Updated Maps in Boardroom
· Minutes Received: Hawke,/e Area Community Action Program Board of Dircctors for December
2, 1999; Johnson Count,/Board of Social Welfare/Cluster Board for February 14, 2000
· Report (Duffv): Congratulations to Emergency Management for Puttin~ Out Field Fire
· Report (Thompson): Attended Integrated Roadside Vegetation Management Committee Meetin~
· Report (Jordahl): Attended Small Wastewater Lots Meetina; Attended MH/DD Public Hearin~
· Report (Lehman): Attended MH/DD Public Hearings
·Jcrrv Fcick: Corruption in Elderly Services Dcpartmcnt
Chairperson Stutsman called the Johnson County Board of Supervisors to order in the Johnson County
Administration Building at 10:21 p.m. Members present were: Charles Duffy, Jonathan Jordahl, Mike
Lehman, Sally Stutsman, and Carol Thompson.
JEANETTE RYAN-BUSH: INCOMPATIBLE LAND USE
Jeanette Ryan Bush: I thought I would be home awhile ago. So, I'll keep it short. The first thing I want
to say is I have been terribly impressed tonight. I just wish that this was the Board I had come before in
1994 and I wouldn't be here tonight. But, nonetheless, I am here and I think you all have an expenditure
sheet that I produced in your hand. I made copies of them for you. I am a farmer out on Rapid Creek
Road. I do alternative farming. I raise produce, I raise some animals, I raise registered colored angora
goats and the reason I am here is because in 1994 Bill Franz bought property along the road from us,
came in with a bulldozer and promptly pulled out the fence line along Rapid Creek Road. Came in,
applied to put 6 houses across the road. The Board at that point in time there was serious objection and
we were disregarded. There are now 6 houses across the road. I am here tonight to tell you what has
happened in my life since these 6 houses have gone up across the road. I am always the first one, when
somebody moves in, to ~valk across the road and shake their hand and say hi, I'm Jeanette Ryan-Bush.
Welcome to the neighborhood. I want you to 'know I am a farmer across the road and it is a certified
organic farm and I'd like to talk to you for a few minutes so we can get off on the right foot. If you're
planning to use chemical lawn treatments you need to be aware of what direction the wind's blowing
from and it's really important that you keep your dogs home. Everyone has looked me in the eye and
gone oh yah, yah, yah. Then, a week later, or 2 weeks later or 3 weeks later their dogs are running and it
has been an absolute and utter nightmare. So, on the expense sheet that you guys got, you can see what
I...
Lehman: I don't believe you got those passed out. I know you asked to have some copies made. Maybe
we could make them.
Ryan-Bush: Maybe they are still in the copy machine.
Jordahl: The machine had some problems earlier. Indigestion.
Duffy: 1'11 bet that's the batch that probably got stuck up in there.
Ryan-Bush: I'll bet they're still lying there. Anyway, it's been a repeated problem. Oh, maybe I have
1 of 9 3/20/01 6:36 PM
March 9, 2000 Informal Meeting, Part 1 http://www.jccn.iowa-city.ia.us/-auditor/mird000309 1 .htm
them here. It's been a long night for me, too.
Jordahl: They're safer.
Ryan-Bush: Anyway, so I'll just hand these out. But, I've been really pleased tonight that I kept heating
issues of incompatible land usage. It was really encouraging to hear you guys look at that as a critical
issue. These are the expenses that I have incurred. Some of these state what years they are. $800 worth
of fencing is what has happened in the last 6 years because I have to keep dogs out to defend my
property, to defend my livestock. Legally, yes, I have a right to shoot those dogs. But, the issue is, with 6
houses right across the road, I can't shoot the dogs, not with a clear conscience. The other thing is, the
reality is, when you shoot a dog or you even mention shooting a dog, escalated into a war a number of
years ago where after I'd said, if you can't keep your dog at home I will shoot him. Then, a rash of
vandalism began and I had to call the Sheriff and when the Sheriff spoke to the people whose dog I had
threatened to shoot, the vandalism ceased. So, I concluded that that's where it had indeed come from.
So, I am just here to let you know these are some of the issues. Some of it, there's one thing that we
could do that would mitigate this ongoing problem. I realize, became aware tonight, that fencing
agreements do not have to be enforced along the road. This was an issue I brought up in '94 with the
Board. I said, please, at least if you are going to put these houses over here, require fencing along the
road for a number of reasons. Gene Scriber has cattle down south. Gene can't move his cattle up the road
because there is no fence along the whole front of this subdivision for half a mile. We'd have to have I
don't know how many people to keep those cattle from rtmning into that subdivision. So, we can't move
cattle up to my pasture anymore. So, that's a whole other issue. You guys have been really brave tonight
in taking a stand and I know they have been tough decisions. I felt really bad for the guy up south of Mt.
Vernon that wanted to have the house, but that's a banking problem that Jonathan tried to point. But,
now we've got a big mess from what happened years ago. Maybe we should go in and we should require
fencing along the road lines if we have these kinds of problems. Something to think about. Another thing
to think about is maybe we have reached the point in this County where we need some kind of dog
controi in the country. I have called the Sheriff when I was at my wits end and believe me, the Deputies
and the Sheriff are not at all happy with the situation that exists with these kind of rural and agricultural
land conflicts. It's a constant issue for them. They have people calling them because the cows are
bellowing. I've had people call me because I was weaning my kid goats from their mothers and
everybody was screaming. They call the Sheriff, too. They don't just call me and harass me at 10:00 at
night. They call the Sheriff and harass him. So, maybe we need a booklet that goes out so that these
people get it when they are moving out to the country. Animals stink, animals make noise. The animals
have been here for a hundred years. I'm by no means the only person that is having this problem. It
seems that no matter who I talk to in this County that is farming, they are having problems with
precisely this kind of issue. It's not an issue you guys created, but we need to start looking at some
creative steps to alleviate these conflicts. So, if there is other farmers you would like to talk to, John
McNutt, who's family has farmed up around the comer from me for over a hundred years. He's had
people calling at 4:00 in the morning screaming because his pigs stink. It's kind of hard to get up the
next morning when your neighbors have called you at 4:00 and woken you up screaming at you. George
Parsons has ongoing problems with dogs. He raises sheep. He's had ongoing problems and the problems
have gotten worse with the more we have spot zoned and done this kind of stuff around the County. But,
let's seriously think about can we go back and can we enforce fence agreements along the road. I don't
know if we can do it. There was a fence agreement with the Franz property that said they should
maintain a fence line on the western perimeter of that property, noah and south along Rapid Creek
Road. Because of this technicality, with not having to enforce fence agreements on the roadways, it was
not enforced. It's been a nightmare that has caused me buku bucks. Now I have to go the Secondary
Roads and ask to move the driveway to my building. I have an on farm store where I sell produce and
flowers and stuff. One of the folks across the road has gotten themselves a real nice rotweiler, refuses to
keep it contained in any way, shape or form. Two times last fall I had customers in my parking lot, with
very small children. This dog was across the road. There was nothing to keep him out because my
driveway is directly across from the last house. This dog is over there snarling. Scared people to death.
So, now I've got to go apply for a new driveway. I just hope the County lets me move my driveway
because it's a problem I didn't create. It's a problem that was created by the '94 Board of Supervisors.
So, there's my 2 cents worth. Thanks a lot for really taking to heart the kind of hardship that is inflicted
upon farmers on a day to day basis when we stick urban dwellings in the middle of the farmland.
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Lehman: Thank you for your information and your remedy.
Ryan-Bush: Thank you. I got inspired Sunday morning when I woke up and there was a dog right
outside my window and my entire flock of animals was in a total and utter panic.
Lehman: I know you've visited with Jonathan.
Ryan-Bush: Yes and I have actually visited with Carol on this issue when I was at my wits end.
Jordahl: I am just wondering from the point of view of the County Attorney. When we've gone to
township trustee trainings, and listened to how these things are done, I'll have to admit that some of it
kind of goes past me in a fog because I don't deal with it on a day to day basis. I am wondering, Pat, if
you could help me to understand what she is talking about.
Ryan-Bush: See, in 94, I took that to my Township Trustee, Tom Hall, and I put up the $100 and I said,
can we get this fence agreement enforced. I received a letter from you that said no, Mr. Franz did not
have to put up a fence along Rapid Creek Road. Although, the piece of paper that goes with that
property clearly stated all heirs or assignees of this property shall maintain a fence on the western
perimeter of the property running north and south along Rapid Creek Road.
County Attorney J. Patrick White: I don't remember the specific question, but by and large, the
subdivision fencing agreements that we require are for the boundary between the farm and the
subdivision, not the road. There just isn't a requirement to fence on roadways, even in agricultural areas
you have lots of unfenced roadways. So, if you wanted that sort of requirement, you'd need another
amendment to the ordinance. The Trustees role is not to enforce these subdivision fencing agreements.
The Trustees role is to enforce failures to maintain fences to keep livestock out. We don't have an
enforcement mechanism for our subdivision fencing requirement. That's something we've talked about
frequently in the past in terms of staffing and the County's role. When you approve a subdivision with a
variety of requirements, the County does not have any follow up, does not initiate any inspection or
enforcement. It certainly could with more staff, but it doesn't. It never has. The County's posture on all
of these things has always been to put in place a mechanism for the affected property owners to enforce
themselves if they need enforcement action. The fencing agreement wouldn't fit Jeanette's case because
she is across the road from the subdivision, not on the edge of it. So, again, without knowing the specific
fence agreement that is in place here, the agreement that would normally exist wouldn't provide her any
protection because she' s in a different location.
Ryan-Bush: It's just because I'm directly across the road from it.
White: She's an owner who the existing ordinance doesn't envision trying to protect.
Ryan-Bush: Right. Right.
Lehman: A common fence line, if you were on the same side of the road would be a boundary.
Ryan-Bush: But, it's something that ought to be looked at because I am sure I am not the only one out
here in the County that's a farmer across the road from one of these.
Jordahl: It sounds like basically, the existing thing that we envision is that a subdivision rural
residential could just be a whole open continuous bunch of houses, all could have dogs, none of which
have to be on leashes or anything like that. So, any rural residential can have a dog running loose and if
you had 40 of them in a place they could be 40 or 50 dogs running loose.
Ryan-Bush: Well, it doesn't take 40. I've got, currently there is 4 of them across the road from me that
are a day to day...
Jordahl: They're having fun with you.
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Ryan-Bush: Well, it's not an enjoyable task. I like dogs. I rescue them from the pound. I live with 2 of
them. They are sleeping on my bed now while I am still here. But, I don't want to shoot someone's dog.
But, I also have to defend valuable livestock that is my income. You see on that sheet there is $800
worth of loss in basil crop last year because this giant dog was coming through leaving footprints every
night that big. So, somebody is letting them out at night because nobody can shoot him at night because
you can't see him and he'd come through. Basil is a very pricey crop and it is my bread and butter. It is
my weekly paycheck through 5 months of the summer and he would come through every night and it
looked just like somebody had come through there with one of those string line trimmers. So, something
to think about.
Lehman: Thank you.
Bush: Yes. You are welcome.
Lehman: Next item. Business number 3. Dwight Dobberstein. A wake up call.
Jordahl: Is there any kind of recourse for, pardon me, I am kind off the item here, but to address
Jeanette's item, is there any kind of recourse? If a cow gets loose in your field, you can have recovery
against the person who' s cow got loose, can't you?
Bush: Oh yes. The Sheriff has gone to neighbors of mine and made them hand me paychecks for
livestock they've eaten, for poultry and foul that have been killed and catTied away.
Jordahl: The same would apply to your basil crop wouldn't it, if you could identify which?
Bush: But, how can I prove who's dog it was?
Jordahl: Spray paint.
Bush: Well.
Andy Small: Traps.
Bush: I've tried traps. Let me tell you, I've bought a lot of cheap ham.
Lehman: OK.
NEUMANN MONSON PC ARCHITECTS AIA PROJECT ARCHITECT DWIGHT
DOBBERSTEIN: REPORT/UPDATE OF REQUEST FOR PROPOSALS FOR JAIL
CONSULTANTS
Lehman: Dwight Dobberstein.
Neumann Monson PC Architects AIA Project Architect Dwight Dobberstein: I almost forgot what I
was supposed to talk about.
Lehman: A request for proposals for Jail consultants.
Jordahl: Jail?
Dobberstein: Yes. Well, as you know, Neumarm Monson has the contract to design the Jail. That was
approved at a formal Board meeting, kind of like this one. It was at the end of the meeting and by the
time we got on our agenda item, everybody had left, so the project for the Jail has proceeded along well,
and I think it's come to the point now where we're recommending hiring a Jail consultant. We're not
asking the Board for any action tonight. We just wanted to inform you on what we were doing. In order
to explain why we need a jail consultant, we need to back up a little bit and update you on Neumarm
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Monson and who we are. It's been quite some time since we've presented to the Board. Actually, it was
over 15 years ago that Roy Neumann interviewed for the design of this building and he would have like
to have been here tonight. He took spring break a little early to go see his grandchildren in Colorado. We
just celebrated Roy's 791h birthday. He's still our fearless leader and he works about 50 hours a week.
He would have loved to be here to tell you some Harold Donnelly stories about the days of the old
Board. But, since then, we have worked on the majority of the County' s projects. I counted 9 different
courthouse projects that we worked on and our work on Space Needs Committee and now with the Jail
and Sheriffs Department. Back in the days when we first interviewed for this building, of course, we
had only about 5 people aboard. Now, we have 35 people and 2 different offices and half of them are
registered architects and the other half are support people, intern architects and CAD operators. We
don't have any engineers on board in our office. We have grown largely, or at least in part, because of
our association with Johnson County. We've done work now in 17 different counties, I counted, on
sheriffs facilities and jail renovations and court house projects and the one that is most memorable is the
one in Lawrence County, South Dakota. It's in Deadwood, South Dakota, and it's a beautiful courthouse
renovation and adjacent administration building, not unlike this one. In fact, they hired us because of the
work we had done here in Johnson County. It was condemned at the time we got there and it's amazing
restoration. If you're ever in Deadwood, home of Calamity Jane, you ought to stop and take a look at it.
Jordahl: My dad grew up there so I'll get around to it.
Dobberstein: Well, do that because it's quite a courthouse, murals on the ceiling that we discovered.
We've also done a number of correctional facilities. We have done residential correctional facilities for
half-way houses in Davenport, Burlington, and Coralville. Them is one right near the Interstate there, is
that what they call Hope House. It's quite a facility to show you. We've done juvenile detention
facilities in Lee and Lucas County and we were involved in a 48 bed jail, sheriff, police facility in
Mitchell, South Dakota. It was a master planning that died because the city and the Sheriff didn't think
they could co-exist alter they got into the project. Other projects we've done locally include the John
Pappajohn School of Business Administration. The addition of the Engineering College right next to Old
Capital Mall there. The renovation of Hancher Auditorium and a new driving simulator, all for the
University of Iowa. For the City of Iowa City, we are working on a new parking ramp right on Iowa
Avenue and we did the parking ramp across from the Civic Center and I just saw you all at the Water
Treatment Plant, which we were involved in. We're doing the new Whiteway Building going up on
Clinton Street, Mondo's restaurants now we're doing all over the country, Des Moines, Dallas,
Scottsdale. So, just a lot of projects that we've been involved in. The point is, that I am getting to, is that
on all these projects we had a team of people, a list of consultants that worked with us. When I come
before you, I'm just the tip of the iceberg so to speak. We have put together the best team that we can
that fits the project. Our basic on agreement on all our projects, we need a structural engineer, a
mechanical engineer and an electrical engineer on all projects. So, that's included in our basic contract
agreement and is with you on the Jail. But, in addition to those and on most of the projects I just
discussed, we bring in special design consultants at the owner's approval, to help us with the design. For
example, on the Engineering Building, we had ARC out of Cambridge, Massachusetts. They were
experts in Engineering. I mean on Business Buildings. On the Engineering Building it's Anchon and
Allan out of Las Angeles. They've done a lot of labs and things and so they were brought on board
because of their expertise. We worked with the parking ramp consultants on those jobs and acoustical
consultants, all different types of consultants that we have that are specialized in a particular building
design. We could probably have designed the Business Building all by ourselves, but they have done
one just like the one that we were planning to do and so it saves us a lot of effort, pitfalls and to this day
it has worked because we've never been sued. Our insurance has never paid out a dollar for any kind of
problems in that regard. So, it really is a good way to go. We can provide you with local architectural
service day to day, if necessary, while bringing national expertise. A good example is the driving
simulator building. It's a one of a kind building. There's only one other similar to it over in Germany.
On that project, we worked with not only the University, but NHTSA, the National Highway
Transportation Safety Administration. They were a big part of that job and their contractors are
designers and TRW, a big defense contractor out of Los Angeles. Their subs, they had 3 or 4 different
subs. We all met together via teleconferencing and passing drawings now over the e-mail and Internet. It
makes it possible to really bring together the best team possible. So, we're now recommending a jail
consultant on this project, who will come in, validate the program, help us with site selection, provide
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design expertise on latest jail techniques, do a staffing analysis according to what the design turns out to
be and provide expertise and security systems that we don't have and really advise us on all the special
aspects of the jail design. As you know, we had a jail consultant, Bill Gamos, and you might ask, well,
what about him. I really feel that he was more of an operational consultant. His background was in
corrections. He's not an architect. He was helpful in that he was kind of an objective 3rd party that was
able to help us decide how big the Jail should be without any conflict of interest. So, he provided a space
program and reported his findings to the Board and I believe he has served his purpose and now has
moved on. We need now to get a consultant that will help us with the actual design. So, what we are
planning to do is send out the RFP, a request for proposal to various consultants that have showed
interest in the project. We're open to any suggestions and I'm sure you must have been contacted by
some. In fact, I've contacted the National Institute of Corrections in Colorado to see if they have a list of
consultants that we can get a hold of and request proposals. We want to get those in by March 281h,
which is the next date to meet with the committee that we are working with. It's the proposal committee.
At that time we want to review the proposals, pick out who we think is the best and set up a time to
interview 2 or 3 of the top firms. Then, hopefully, we can pick the one we like and Neumann Monson
will have to sit down and negotiate the scope of their services and their fees so that it dovetails in with
our agreement with you and come back to the Board for approval. That's what I want to report tonight
and let you know that that' s what is happening and we will come back later for discussion about hiring
the consultant. So, any questions? How long was that? I cut my half hour speech down to 5 or 10
minutes.
Lehman: Questions for Dwight?
Jordahl: The time frame seems kind of short. Is that customary for consultants to get them back pretty
quick like that?
Dobberstein: I've talked to some of them and they don't think it's a problem. We're asking for general
information about their firms and it's stuff that they would have on hand. Information they have on file
that they can put together and send to us fairly quickly. I think we can get it all done by the 281h.
Lehman: This is more an offer to have them send credentials?
Dobberstein: Yes, and once we look over those credentials, then we'll select who we think best meets
the needs and that selection we want to have input from the Sheriff, of course, and the Jail Steering
Committee. We're open to having people involved in selecting who the best consultant is. I think they
want to be involved, too.
Jordahl: We've had some discussion previously about the relationship between a jail consultant in
terms of design and jail financing. We've received some assurance that that would be likely a component
of knowledge that people who have been involved in designing jails would bring. Do you propose to
mention that aspect in your RFP?
Dobberstein: We're not asking this consultant to help with the financial aspects of the project. They
may very well have experience in other projects and how that was done and may bring that expertise, but
I think that what you were looking for is a financial consultant also for the County and for this project. I
think Tom Slockett is looking for that person, also.
White: Actually, there is a committee.
Dobberstein: Is it Kriz, I think, is on that committee.
Lehman: But, we might be hearing an RFP for a financial consultant later.
Thompson: At the next meeting on the 281h they're going to have a proposed RFP.
Dobberstein: Yes, that's the same meeting.
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Jordahl: But, the RFP, you're handling that. That's within your contract as our architect to do this RFP,
get these responses back from consultants, because essentially you are hiring the consultant, although
with our approval.
Dobberstein: Yes.
Jordahl: Is that kind of the way that rides? \
actually doing the design work, then that would ome out of our fee agreement with you. But if they're
just advising us, well, then that's over and above what our agreement is. We don't have the sBecial
design consultants included because it's different on every job and we don't really know what they are
going to bring to the table until we get them aboa . so, )t's always separat.e. I'll be able to tell you more
work either way. an~/~.~oaneds '
: .
during this preliminary visioning phase? Does it say we'll cover it that or it just doesn't say anything
about it?
Dobberstein: Oh, our contract says that other consultants, other than the structural, mechanical,
electrical can be added at your approval, but it would be at your cost. What I'm saying is that that's true,
but if they are going to do actual design work, which is included in our portion of the work, then that's at
our cost.
Jordahl: Thank you.
White: We've certainly envisioned preproject costs both to Neumann Monson and to this consultant in
that we don't actually have a project. We don't have a site, we don't have final decision about site, we
have a total of what to build and where to build it and we'll incur some costs in getting to that point
before the fee arrangements under the existing contract actually kick in.
Jordahl: Thank you.
Jerry Feick: I've got some questions and comments on this project. You all notice there is a discussion
section here. Some of you might know, for whatever reasons, I'm somewhat of an expert at the County
Jail. But, I'm wondering here, and I'm not saying I'm against it or in favor of it or anything. I'm making
an out of the box observatory and I think Jonathan and I discussed this one day. Pat Meade and I, the
former Supervisor, has discussed it. I'm wondering, and these figures would be available through the
Cotmty Attorney and the courthouse, if you've ever taken a look as to why you need a jail in the County
as far as the increase. This County is uniquely different than any other County in the State because of the
University. You can't deny that you don't have an immense alcohol problem. You just can't deny it.
Mary Sue Coleman, the President of the University of Iowa, promised the public, several years ago, she
was going to tackle this problem. The statistics show that since she made that commitment the problem
has gotten worse. Well, what really is the problem? It's not too difficult. It's accessibility to alcohol. I
think we're probably adults when we get to be about 40 and we're probably smarter than when we were
15, 20. I'm not against the young kids. I don't mean it that way. We all know what it was. We were there
once, OK. So, as adults, we should realize in the community that we have some commitment other than
to just, well, we're going to build a new jail and we need one, but not look at, not even attempt to look at
why we need this increase. I'm talking about for the benefit of the community and the citizens. Not only
why those citizens are here, but after they leave and I'll give you and example. If you're a student at the
University of Iowa, and this is by the University Regulations, the student policies, and you get arrested
for public intox, it's on your record permanently. It travels with every job application you do throughout
your entire life because it's on your University records. Now, you have to take some classes etc. and of
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course the laugh of the Jail and everybody in the County is, oh, look at all the revenue we create. Well,
yes, you create some revenue, so what are you going to do. Make everybody a drank to collect revenue?
My real point here is this. I think you could borrow from some ideas from the cigarette industry recently,
in that, it doesn't take a rocket scientist to look at the Daily Iowa, the Press Citizen, somewhat the Cedar
Rapids Gazette and other publications to see all the alcohol adds. It's the massive accessibility. It's the
cheap price. If you got a $5 bill in your pocket or less, you can go out and get, as they say, (expletive)
faced drunk. During this last summer I spent a lot of time down in the Ped Mall observing for various
reasons things that I was going to have some fun with later on in the political arena. One thing I
observed was the Iowa City Police. You could see people staggering out of the bars. There's no way
you'd want to meet them on the highway. Not because of who they were, but because of the rate of
alcohol they had consumed. They weren't going to do anything with it. I said, I got an idea here. Now, I
want the students of the community to really listen to this one closely, and the judges. I suggested, why
don't you bring in your police staff and just at random, maybe by lottery pick a bar on a particular night
at lottery drawing. You back the police up to the front door and the back door and you breathalyzer
everybody. Everybody that is over the limit you haul over to the Carver Hawkeye Arena and legally
process them. That'd be a hell of a lot of them over there. I don't think any of you will disagree, and if
you do disagree, well, then I want you to keep your mind open. I want you to go down to the Ped Mall
and observe. I don't mean this is against the students. I mean this as adults, we should be more
intelligent than a drunkard 20 year old or 18 year old. Now, so you borrow from this cigarette industry
and you make a County ordinance that they cannot mn this alcohol advertising. You have a City Council
that's already considering working on this. Naomi Novick is working on this on a committee. Of course,
we all know how committees are. They cut ribbons and that's about all they get accomplished
sometimes, generally. But, I don't think you're looking at the problem of why. Along with this I'm
going to mention this just generically. I think you need to be thinking about in this County, when you
build buildings, to build buildings that you can add on to them. The Jail is a permanent structure in
society. Build it so you can add on to it. Same way with the Johnson County Administration Building. I
imagine that's why we didn't buy the Sycamore Mall. Same way with, and of course this isn't the
County, but it's still tax payer dollars out of the community, the Library. All you got to do is stand down
on the southeast comer of the Public Library in Iowa City and you can see what their massive problem
is. They never had a clue as to a plan for the future. We got the Andrew Carnegie Library. Then, we got
the library noah of it. Then we got the library (inaudible). Now, we're going to hoodwink the public for
another $18 million to restructure the library that is there when probably you could cut a hole through
the wall between the current library, do nothing to the current library, a little paint and flourine and
electrical in the Tree Value Hardware Store. But build then a tower, where the playground equipment is
setting, and this has nothing to do with the Jail, but it's an example to what you could apply to County
buildings. You build a tower, where the playground equipment is setting, you mn it from the Tree Value
Hardware Store east to the west edge of the door of the current library. But, you build that tower so that
the footings are so maybe at first you only 2, 3 floors. But, on down the line, when we got to hoodwink
the public for some more library funds, we add another floor. I'm talking about you start building
buildings for 50, 75 years into the future. Yes, I understand technology. A building design gets better.
We all know that. I think you owe it as adults and apparently sensible thinking adults, to start looking at
also with this Jail proposal, why in this community do we need this Jail. I'm going to say something
here.
Lehman: Wrap it up.
Feick: Pat Meade. She told me here some time ago, and I understand no one in the County will like this,
and you know I don't lie. I have fun with the truth, what people say to me from time to time. She told
me that the reason why there is this whole proposal for this Jail, is that the current Sheriff wants to
increase his staff enough that he can increase his paycheck. That's her exact statement, word for word. I
always tell you, it's on tape. I don't know whether that' s the reason or not, but why don't you look at the
future of some of the citizens and along with this proposal for a jail, start looking at well, why do we
have this immense problem. Do we really want a society of downtown Iowa City, but there's just a
bunch of drunkards? I don't think it's necessarily the kids fault that they get drank. Maybe we could
state that the City Council and the Board of Supervisors, because they failed to act over the decades were
the enablers of the alcohol accessibility. Eighty some liquor permits within a 12 block radius of
downtown Iowa City. What for? These students are here to study. Go to the psychological department of
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the University and find out what effect alcohol has on the synapses of the brain wave patterns. How
could you possibly think and learn anything when you are drunk. Enough said.
Lehman: Yes.
Feick: Might save you some money in the future and a lot of grief for all those citizens that want to
apply for a job at some corporation and all of a sudden they decide, hey I didn't get the job. Oh, I've got
this mark on my record. Judge Gerard has mentioned this publicly to them. But, you know, maybe we
can do a little more. I got this mark because I was drunk one night and I can't get a job.
Lehman: That's after the fact.
Feick: But, we need to be smarter than the kids so we don't have the after the fact.
Lehman: OK. Thank you Jerry. OK. Anything else we need. (Inaudible) you'll be back next week and
we'll take action.
Dobberstein.' Not next week. Sometime after the 281h.
Lehman: OK. Anybody else have any questions they'd like to report.
Feick' Oh, also just as a real slight comment. I mentioned to the police when they said they didn't have
the staff. They actually admitted to me they didn't have the staff to put police at the front and back door
of any given bar. I said well, fine. Call the Govemor or call in the National Guard. Now that sounds
severe. It sounds like the 60' s. I know that and I know that's the public reaction on the first hand. But,
the point is, do you want a society that' s a bunch of drunkards? Just in for the sake of profit down at the
bars and you ruined your entire business district community permanently. They all what, go to the Coral
Ridge Mall, right?
(Continued in Pan 2)
9 of 9 3/20/01 6:36 PM
.~rZ~ Department of the Treasury Note: This booklet does not
Internal Revenue Service contain tax forms,
2000 Instructions for
Household Employers
,;-
~"'Here is the information you need to fill in--
.: · Schedule H for figuring your household
¢- employment taxes.
-z,· Form W-2 for reporting wages paid to your
~ employees.
~ · Form W-3 for sending Copy A of Form W-2
'a
~ to the Social Security Administration.
~:,
We have been asked--
What do I do after I fill in
~; ~: t' ' ': '~i'" Schedule H? Enter the taxes from
_'~ Schedule H on the "Household
~., employment taxes" line of your
· ~" Form 1040. You do this because
::;" ,hese taxes .re added ,o your
~: Where do I send Schedule H? With
~, ~>~,~,,~ your Form 1040.
No. You pay all the taxes to the
!~! ~ United States Treasury, even the
'11 I I I I I I I I I I I I When do I pay? Moat fliers must
"~:- III1,~1111111111111
~ pay by April 16, 2001.
How many copies of Form W-3 do
I send to the Social Security
Administration (SSA)? Send one
copy of Form W-3 with Copy A of
Form(s) W-2 to the SSA, and keep
· ~ one copy of Form W-3 for your
,-,
~[~, 413
SCHEDULE H Household Employment Taxes oMs No
~ Attach to Form 1040, 1040NR, 1040NR-EZ, 1040-SS, or 1041,
llr4il
A Drd you pay any one househoJd employee cash wages of $1,200 or more in 2000? (If any household employee was
spouse, your child under age 2% your parent, or anyone under age 18, see t~e line A instructions on page 3 ~efore you
answer this question.)
~ Yes. Skip lines B and C and go to line 1.
~ No. Go to line B.
B Did you withhold Federal income rex during 20~0 for any household employee?
~ Yes. Skip Hne C and go to line 5.
~ No. Go to Hne C.
C D~d you pay total c~sh wages of $1 .O00 or morn h~ any caEendar qua~er of ~ ~9 or 2000 to househor~ employees?
(Do not count cash wages paid in 1999 or 2000 to your spouse, your child ~nder age 2% or your parent.)
~ No. StOp. Do no~ file this schedule.
~ Yes. Skip lines 1-9 an~ go to fine 10 on the bGck.
~ Social Security, Medicare, and Income Taxes
I Total cash wages subject to socia4 security taxes (see page 3) I I ~ I
2 Sociar security taxes. Multiply fine 1 by 124% (.124) ............... 2
4 Medicare taxes. Multiply line 3 by 2.9% (.029) ................. 4
5 Federal income tax withheld, if any .................... 5
6 Total social securi~, Medicare, and income taxes (add I~nes 2, 4, and 5) ....... 6
7 Advance earned ~ncome credit (ErC} payments, if any .............. 7
8 Net taxes (subtract fine 7 from line 6) ................... 8
Did you pay total cash wages of $1,000 or more in any caJendar quatier of 1999 or 2000 to household employees?
(Do not count cash wages paid in 1999 or 2000 to your spouse, your child under age 21, or your parent.)
~ No. Stop. Enter the amoum from ffne 8 above on Form 1040, line 56. If you are not required to file Form 1040, see the
fine 9 instructions on page 4.
~ Yes. Go to line 10 on the back.
For Pape~ork Reduction Act Notice, see Form 1040 instructions. Cat No 12~87K Schedule H (Form 1040} 2000
411
I~-I~ill Federal Unemployment (FUTA) Tax
Yes No
10 Did you pay unemployment contributions to only one slate? ................
t I Did you pay all state unemployment contributions for 2000 by April f 6, 2001 ? Fiscal year filere, see page 4 1 t
12 Were all wages that are taxable for FUTA tax also taxable for your state's unemployment tax? . .
Next: If you checked the "Yes" box on all the lines above, complete Section A.
If you checked the "No" box on any of the fines above, skip Section A and complete Section B.
Section A
13 Name of the state where you paid unemployment contributions · ................
14 State reporting number as sinown on state unemployment tax return · ..........
15 Contributions paid to your state unemployment fund (see page 4) . ] 15 I I
16 Total cash wages subiect to FUTA tax (see page 4) ...............
17 FUTA tax. Multiply line 16 by .008. Enter the result here, skip Section B, and go to line 26 . . 17
Section B
18 Complete all columns below that apply (if you need more space, see page 4):
(a) (b) (d) (el (h) (i)
19 Totals ............................ 19
21 Total cash wages subject to FUTA tax (see the line 16 instruchons on page 4) ...... 21
22 Multiply line 21 by 6.2% (.062) ...................... 22
C/:/,/'
2s Mu~tipW Une 2~ by 5.4% ( 054/
............. : ', 5'-
24 Enter the smaller of fine 20 or line 23 .................... 24
FUTA tax. Subtract line 24 from line 22 Enter the result here and qo to ne 26 ...... 25
I~l.illl Total Household Employment Taxes
26 Enter the amount from line 8 ....................... 26
2T Add line 17 (or line 25) and ijne 26 ..................... 27
28 Are you required to file Form t 040?
[] Yes. SlOp. Enter the amount from line 27 above on Form 1040, line 56. Do not complete
Part IV below.
[] No, You may have to complete Part IV, See page 4 for details.
I".~-I.iJ, vl Address and Signature--Complete this part only if required. See the line 28 instructions on page 4.
Address (number and Street) Or PO box ~f mall is not delivered to slree~ address Apl room or Suile no
City, town or post otfice, state and ZiP code
Under perlaLtles el perjury, I declare that I have examined this %heduJe irlcluding accomp8ny ng statements 3nd to the beg oj rny kno%%lL, dgo, and behef ~t as true
Corre/:[ and complete No part ot arly payment made to a sta~e UnerTiploylTlenJ fund Cl~Fr~ed BS a Credit Was or ~ to be, deducted JrOrTI ~rl~ payrTler/[s [o enlployees
J~ Employer's Siqna(ure J~ Dale
(~ Pnnledon recycledpaper Schedule H (Form 1040) 2000
412
Important Dates! Example. You paid Betty Oak to b~ys
lic'-t housework 4 days a week in your ho~e ~ e~l
~ur specific instructions about household'and ~hl
' ,
Februa~ 28, 2001 Send Copy A of Form W-2 with ~ousehold work is work done in or around your home.
Form W-3 to the Social Security Some examples of workers who do household wo~ are:
, Administration
B~Qysjtters Drivers Nannies
Apdl 16, 2001 File Schedule H and pay your Caretakers Health aides
(see page 3 for household employment taxes with C:eaning people ~ _ House~ers
exceptions) your 2~00 tax return :f~o~r i~ your employee it does not ma~er whether
Co~te~ts ,asJoc~abon. Also, it does not matter if the wages paid are for
Note: If a government agency files Schedule H for the
d T c e ul H . worker, you do not need to file it.
Who Needs To File Form W 2 and Form W 37 . .
wages paid by checks,
Do You Have an Employer Identification Number (EIN)? 2 money Cash wages do not include the value of
Can Your Employee Legally Work in the United States? 3 food, lodging, clothing, or other noncash items you give a
What About State Employment Taxes? ...... 3 household employee.
For 2000, you can give your employee as much as
When and Where To File .......... S $65 a month for his or her expenses to commute
Schedule H ............... 3 to your home by public transpo~ation (bus, tmin,
wages. However, if you gave the employee more than $65 a
How To Fill In Schedule H, Form W-2, and Form W-3 . 3 month for these expenses, include the amount over $65 as
Schedule H ............... S wages.
Form W-2 and Form W-3 ........ 5 Calendar Quatier. A calendar qua~er is Janua~ through
March, April through June, July through September, or
You Should Also Know ............ 5 October through December.
What Is New for 2001 ............ 5 Workers Who Are Not Your Employees. Workers you get
Estimated Tax Penalty ............ 5 from an agency are not your empJoyees if the agency is
What Records To Keep ........... 5 responsible for who does the work and how it is done.
Self-employed workers are also not your employees. A
What Is the Earned Income Credit (EIC) ...... 5 worker is self-employed if only he or she can control how the
Rules for Business Employers ......... 5 work is done. A selfiemp4oyed worker usually provides his or
State D~sabii]ty Payments ........... 5 her own tools and offers services to the general public in an
Example. You made an agreement with Paul Brown to
Completed Example of Schedule H, Form W-2, and care for your lawn, Paul runs a lawn care business and offers
and provides his own tools and suppUes. Neither Paul nor his
The Basics helpers are your employees.
Who Needs To File Form W-2 and Form
Reminder W-37
If you must flee a 2000 Form W-2, Wage and Tax Statemen: You must file Form W-2 for each household employee to
for any household employee, you must also send Form W-3 whom you pa~d $1,200 or more of cash wages in 2000 that
Transmitta~ of Wage and Tax Statements, with Copy A of are subject to social security and Medicare taxes. To find out
Form(s) W-2 to the Social Security Administration, ~f the wages are subject to these taxes, see the instructions
for Schedule H, lines 1 and 3, on page 3, If the wages are
Who Needs To File Schedule H? not subject to these taxes but you withheld Federal income
You must fiJe Schedule H (Form 1040) if you answer "Yes" -: fde Form W-2 for that empJoyee,
If you file one or more Forms W-2, you must also file Form
W3.
Only Eight Lines for Most People~
have to compJete lines A, 1 throcgh 4, 6, 8, and 9. DO YOu Have an Employer Identification
Number (EIN)?
Did You Have a Household Employee? ff you hired If/ou do not have an E]N, see Form S~-4, ApplZcation for
someone to do household work and you were able to contr: E~ployer Jdentification Number. The instructions explain how
what work he or she did and how ne or she did it, you had ~ you can get an EIN immediately over the telephone or in
household employee. This is true even [f you gave the acout 4 weeks if you apply by mail. See page 5 for details on
employee freedom of action. Whs: matters is that you had hew to get Form SS-4. Do not use a soc~a~ security number
the right to controF the details of now the work was done. m olace of an EIN.
Page 2
414
Can Your Employee Legally Work in the Note: Check with your state, city, or local tax department to
United States? find out if you must send Copy I of Form W-2.
Penalties. You may have to pay a penalty if you do not give
It is unlawful to employ an alien who cannot legally work in Forms W-2 to your employees or file Copy A of the forms
the United States. When you hire a household employee to with the SSA. You may also have to pay a penalty if you do
work for you on a regular basis, you and the employee must not show your employee's Social security number on Form
each complete part of the Immigration and Naturalization W-2 or do not provide correct information on the form,
Service (INS) Form I-9, Employment Eligibility Verification.
You must verify that the employee is either a U.S. citizen or
an alien who can legally work and you must keep Form I-9 HOW TO Fill Ir~ Schedule H, Form
for your records. You can get the form and the INS W-2s and Form W-3
Handbook for Employers by calling 1-800-375-5283, or by
visiting the INS Web Site at www.ins.usdoj.gov.
What About State Employment Taxes? Schedule H
If you employed a household employee in 2000, you ~ If you were notified that your household employee
probably have to pay contributions to your state received payments from a state disability plan, see
unemployment fund for 2000. To find out if you do, contact page 5.
your state unemployment tax agency right away. You should
also find out if you need to pay or Collect other state Social Security Number. Enter your social security number.
employment taxes or carry workers' compensation insurance, (Form 1041 fliers, do not enter a number in this space. But
be sure to enter your EIN in the space provided.)
Employer Identification Number (EIN). An E]N is a
Whorl and Where To File nine-digit number assigned by the IRS. The digits are
arranged as folrows: 00-0000000. If you have an EFN, enter it
in the space provided, If you do not have an EIN, see Do
Schedule H You Have an Employer Identification Number (EIN)?
If you fi~e any of the returns listed below for 2000, attach earlier, if you applied for an EIN but have not received
Schedule H to it. Mail your return by April 16, 2001, to the enter "Applied for", Do not use your social security number
address shown in your tax return booklet. Exceptions. If you as an EIN.
get an extension of time to file your return, file it witt~ Line A. To figure the total cash wages you paid in 2000 to
Schedule H by the extended due date. If you are a fiscal each household employee, do not count amounts paid to
year flier, file your return and Schedule H by the due date of any of the following individuals,
your fiscal year return, incruding extensions. · Your spouse.
FOrm 1040 Form 1040-SS · Your child who was under age 21.
Form 1040NR Form 1041 · Your parent. But see Exception for Parents below,
Form 1040NR-EZ · YOur employee who was under age 18 at any time during
2000. If the employee was not a student, see Exception for
If you are not required to file a 2000 tax return (for Employees Under Age 18 below.
exampro, because your income is below the amount that
requires you to file), you must file Schedure H by April 16, Exception for Parents, Count the cash wages you paid
2001. Complete Schedule H and put it in an envelope with your parent for work in or around your home if both I and 2
your check or money order--do not send cash. See the list below apply.
of addresses on the back cover of this booklet. Maj] your 1. Your child who lived with you was under age 18 or had
completed Schedule H and payment to the address listed for a physical or mental condition that required the personal
the place where you Hve Make your check or money order care of an adult for at least 4 continuous weeks in a calendar
payable to the "United States Treasury" for the total quarter.
household employment taxes due. Enter your name, address, 2. You were divorced and not remarried, a widow or
social Security number, daytime phone number, and "2000 widower, or married to and flying with a person whose
Schedule H" on your check or money order. HousehoFd physical or mental condition prevented him or her from
employers that are tax exempt, such as churches, may file caring for the child during that 4-week period.
Schedule H by itself. Exception for Employees Under Age 18. Count the cash
wages you paid to a person who was under age 18 and not
Form W-2 and FOFITI W-3 a student if providing household services was his or her
By January 31, 2001, you must give Copies B, C, and 2 of principal occupation.
Form W-2 to each employee, You will meet this requirement Part I. Social Security, Medicare, and Income Taxes
jf the form is properly addressed, mailed, and postmarked no
later than January 31, 2001. Social security and Medicare taxes pay for retirement,
By February 28, 2001, send Copy A of all Forms W-2 with disability, and health benefits for workers and their ramifies
Form W-3 to the Social Security Administration (SSA). If an You and your employees pay these taxes in equal amounts.
envelope addressed to the SSA came with this booklet, For social security, the tax rate is 6.2% each for you and
please use it. Do not marl your Schedule H in the envelope. your employee. For Medicare, the rate is 1.45% each. If you
If you do not have the envelope, mail Copy A of all Forms did not deduct the employee's share from his or her wages,
W-2 with Form W-3 to the Social Security Administration, you must pay the empleyee's share and your share (a total
Data Operations Center, Wilkes-Burro, PA 18769-0001. For of 12.4% for social security and 2.9% for Medicare).
certified maif, the ZIP code is 18769-0002. If you use a Lines I and 3. Enter on lines 1 and 3 the total cash wages
carrier other than the U.S. Postal Service, add "ATTN: W-2 (defined on page 2) paid in 2000 to each household
Process, 1150 E. Mountain Dr." to the address and change emproyee who meets the $1,200 test, explained later.
the ZIP code to "18702-7997." However, if you paid any household employee cash wages of
more than $76,200 in 2000, include on line 1 only the first
(continued)
Page 3
415
$76,200 of that employee's cash wages. On line 3, include including extensions), check the "Yes" box on line 11.
that employee's total cash wages. Otherwise, check the "No" box.
$1,200 Test. Any household employee to whom you paid Line 13. Enter the two-letter abbreviation of the name of the
cash wages of $1,200 or more in 2000 meets this test. The state (or the District of Columbia, Puer~o Rico, or the Virgin
test applies to cash wages paid in 2000 regardless of when Islands) to which you paid unemployment contributions.
the wages were earned. To figure the total cash wages you Line 15. Enter the total contributions (defined earlier) you
paid in 2000 to each household employee, see the paid to your state unemployment fund for 2000. If you did
instructions for line A, earlier. not have to make contributions because your state gave you
Lines 5 and 7. Enter on line 5 any Federal income tax you a 0% experience rate, enter "0% rate" on line 15.
withheld from the wages you paid your household employees Line 16. Enter the total cash wages you paid in 2000 to each
in 2000, On line 7, enter any advance EIC payments you household employee, including employees paid less than
made to your household employees in 2000, $1,000. However, do not include cash wages paid in 2000 to
Line 9. For each calendar quarter of 1999 and 2000, add the any of the following individuals.
cash wages you paid to all your household employees in that · Your spouse,
quarter. Is the total for any quarter in 1999 or 2000 $1,000 or
more? · Your child who was under age 21.
Yes. Complete Part II of Schedure H. · Your parent.
No. Fotrow the instructions in the chart below. If you paid any household employee more than $7,000 jR
2000, include on Fine 16 only the first $7,000 of that
empioyee's cash wages.
IF you file THEN enter the amount from
Form... Schedule H, line 8, on... Line 18. Complete all coiumns that apply. If you do not, you
will not get a credit. If you need more space, attach a
1040 line 56 statement using the same format as line 18. Your state will
provide an expenence rate, If you do not know your rate,
1040NR fine 53 contact your state unemployment tax agency.
You must complete columns (a), (b), (c), and (i), even if you
1O40NR-EZ fine 17 were not given an experience rate. If you were given an
experience rate of 5,4% or higher, you must also complete
1040 SS line 13 columns (d) and (e). If you were given a rate of ~ess than
5.4%, you must complete all columns.
1041 Schedule G, line 6
If you were given a rate for only part of the year, or the
If you do not file any of the above forms, complete Part IV of rate changed during the year, you must complete a separate
Schedule H and follow the instructions under When and line for each rate period.
Where To File on page 3, Column (c). Enter the taxable wages on which you must
pay taxes to the unemployment fund of the state shown jR
column (a). If your experience rate is 0%, enter the amount
Part II. Federal Unemployment (FUTA) Tax of wages you would have had to pay taxes on if that rate
FUTA tax, with state unemployment systems, provides for had not been granted.
payments Of unemployment compensation to workers who Column (i). Enter the total contributions (defined earlier)
have rest their iobs. Most employers pay both a Federal and you paid to the state unemployment fund for 2000 by April
state unemployment tax. 16, 2001. Fiscal year fliers, enter the total contributions you
The FUTA tax rate is 6.2%. But see Credit for paid to the state unemployment fund for 2000 by the due
Contributions Paid to State below. Do not deduct the date of your return {not including extensions). If you are
FUTA tax from your employee's wages. You must pay it from claiming excess credits as payments of state unemployment
your own funds. contributions, attach a copy of the letter from your state.
Credit for Contributions Paid to State. You may be able to Part III. Total Household Employment Taxes
take a credit of up to 5.4% against the FUTA tax, resufting in
a net tax rate of 0.8%. But to do so, you must pay all the Line 28. Follow the instructions in the chart below,
required contributions for 2000 to your state unemployment
fund by April 16, 2001. Fiscal year fliers must pay all required THEN do not complete
contributions for 2000 by the due date of their Federal IF you file part IV but enter the amount
income tax returns (not including extensions). Form... from Schedule H, line 27, on...
Contributions are payments that a state requires you, as
an employer, to make to its unemployment fund for the 1040 line 56
payment of unemployment benefits. However, contributions 1040NR line 53
do not include:
· Any payment deducted or deductible from your 1040NR-EZ line 17
employees' pay,
· Penalties, interest, or special administrative taxes not 1040-SS line 13
included in the contribution rate the State gave you, and
1041 Schedule G, line 6
· Voluntary contributions you paid to get a Jower expenence
rate. If you do not file any of the above forms, compfete Part IV of
Lines 10 Through 12. Answer the questions on lines 10 Schedule H and folrow the instructions under When and
through 12 to see if you should complete Section A or Where To File on page 3.
Section B of Part II.
Fiscal Year Fliers. If you paid all state unemployment
contributions for 2000 by the due date of your return (not
Page 4
416
Form W-2 and Form W-3 · Any employee Medicare tax withheld.
if you file Form W-2, you must also file Form W-3. · Any Federal income tax withheld.
The titles of the boxes tell you what information to enter. · Any advance EIC payments you made.
The completed Form W-2 and W-3 in the example (see page
7) shows how the entries are made. But if you paid the What Is the Earned Income Credit (EIC)
employee's share of social security and Medicare taxes, the The EIC Ls a refundable tax credit for certain workers.
following rules appty. Enter the amount you paid for the Which Employees Must I Notify About the EIC? You must
employee in boxes 4 and 6; do not include your share of notify your household employee about the EIC if you agreed
these ta×es. Add the amounts in bo×es 4 and 6 to the to withhold Federal income tax from the employee's wages
amount in box 3 (or box 5 if that amount is larger), Enter the but did not do so because the ~ncome tax withholding tables
total in box 1. If you paid any amount to your employee to showed that no tax should be withheld.
Cover the empioyee's Federal income tax, Lnclude that
amount in the total in boxes 1, 3, and 5. Note: You are encouraged to notify each employee whose
wages for 2000 were less than $31,152 that he or she may
R be eligible for the EIC,
On Form W-3, put an "X" in the "Hshld. emp.' box
of box b. How and When Must I Notify My Employees? You must
g~ve the employee one of the following:
· The InS Form W-2, which has the required information
about the EIC on the back of Copy B.
You Should Also Know · A substitute Form W-2 with the same EfC information on
the back of the employee's copy that is on Copy B of the
iRS Form W 2.
What Is New for 2001 · Notice 797, Possible Federal Tax Refund Due to the
E]The tax rates mentioned in the instructions for Earned Income Credit (EIC).
Parts I and II of Schedule H will not change. The · Your written statement with the same wording as Notice
2001 Employee Socl;al Secunty and Medicare Tax 797.
Withholding Table is in Pub. 926, Household If you are not required to give the employee a Form W-2,
Employer's Tax Guide. you must provide the notification by February 7, 2001.
New $1,300 Test for Social Security and Medicare Taxes. You must hand the notice directly to the employee or send
The $1,200 amount on line A of Schedule H and in the it by First-Class Mail to the employee's last known address.
instructions will increase to $1,300. This means that if you How Do My Employees Claim the EIC? Eligible employees
pay a household employee cash wages of tess than $1,300 claim the EIC on their 2000 tax returns.
in 2001, you do not have to report and pay social security
and Medicare taxes on that employee's 2001 wages. How Do My Employees Get Advance EIC Payments?
Eligible employees who have a qualifying child can get part
The $1,000 amount on lines C and 9 of Schedule of the credit with their pay during the year by g~ving you a
H and in the instructions for Part II will not change; completed Form W-5. You must include advance EIC
the $1,300 amount does not apply to FUTA tax. payments with wages paid to these employees For details,
including tables that show you how to figure the amount to
Limit on Wages Subject to Social Security Tax. The add to the employee's net pay, see Pub. 15, Employer's Tax
$76,200 amount in the instructions for Pan I of Schedule H Guide.
will increase to $80,400.
Rules for Business Employers
Estimated Tax Penalty Do not use Schedule H if you chose to report employment
You may have to pay an estimated tax penalty if you do not taxes for your household employees along w~th your other
prepay the household employment taxes and either 1 or 2 employees on Form 941, Employer's Quarterly Federal Tax
below applies for the year. Return, or Form 943, Employer's Annual Tax Return for
1. You will have Federal income tax withheld from your Agricultural Employees. If you report this way, be sure to
pay, pension, annuity, etc. include your household employees' wages on your Form 940
2. You would be required to make estimated tax payments (or 940-EZ), Employer's Annual Federal Unemployment
(to avoid the penalty) even if you did not owe household (FUTA) Tax Return.
employment taxes.
To prepay the employment taxes, you can either increase State Disability Payments
the Federal income tax withheld from your pay or make Certain state disability plan payments to household
estimated tax payments. For more details, see Pub. 505, Tax employees are treated as wages subject to social security
Withholding and Estimated Tax, or Form 1040-ES, Estimated and Medicare taxes. If your employee received payments
Tax for tndividuals. from a plan that withheld the employee's share of social
security and Medicare taxes, include the payments on fines 1
What Records To Keep and 3 and complete the rest of Part I through fine 5. Add
lines 2, 4, and 5, From that total, Subtract the amount of
YOU must keep copies of Schedule H and related Forms taxes withheld by the state. Enter the result on line 6. Also.
W-2, W-3, W-4, Employee's Withholding Allowance enter "disability" and the amount subtracted on the dotted
Certificate, and W-5, Earned Income Credit Advance line next to line 6. See the notice issued by the state for
Payment Certificate, for at least 4 years after the due date more details.
for filing Schedule H or the date the taxes were paid,
whichever is later. If you have to file Form W-2, also keep a HOW TO Get Forms and Publications
record of each employee's name and social security number,
Each payday, you should record the dates and amounts of: To get the IRS forms and publications mentioned in these
· Cash and noncash wage payments. instructions (including Notice 797), carl 1-800-TAX-FORM
· Any employee social security tax withheld.
Page 5
417
(1-800-829-3676) or use one of the other sources listed in Helen's total cash wages . . $2,250.00
your income tax return instructions. ($50 x 45 weeks)
Helen's share of the--
Completed Example of Schedule H, Social security tax .... $139.50
Form W-~),and Form W-3 ($2,250 x 6.2% (.062))
Medicare tax ..... $32,63
On February 18, 2000, Susan Green hired Helen Maple to /$2,250 x 1.45%/.0145))
clean her house every Wednesday. Susan did not have a Helen's total cash wages each quarter:
household employee in 1999. 1st quarter ...... $300.00 ($50 x 6 weeks)
Susan paid Helen $50 every Wednesday for her day's 2nd quarter $650.00 ($50 x 13 weeks)
work. Susan decided not to withhold Helen's share of the ......
social security and Medicare taxes from the wages she paid 3rd quarter ...... $650.00 ($50 x 13 weeks)
Helen. Instead, she will pay Helen's share of these taxes 4th quarter ...... $650.00 ($50 x 13 weeks)
from her own funds. Susan did not withhord Federar income
tax because Helen did not give her a Form W-4 to request Amount included ~n box 1 of Form W-2 and Form W-3:
withholding. Susan also did not pay Helen advance earned Cash wages ............ $2,250.00
income credit payments because Helen did not give her a Heren's share of social security tax paid by
Form W-5. Susan .............. 139 50
Helen was employed by Susan for the rest of the year (a
total of 45 weeks). The following ~s some of the information Heren's share of Medicare tax paid by
Susan will need to complete Form W 2, Form W-3, and Susan 32.63
Schedule H. Total .............. $2,422.13
SCHEDULE H Household Employment Taxes ,[ o~B .o ls4s e074
(Form 1040) (For Soc a Secu ty, Medica e, W thhe d Income and Federal Unemployment {FUTA) Taxes)
· Attach to Form 1040, 1040NR, 1040NR-EZ, 1040-SS, or 1041.
Name of employer Social security number
A Did you pay any one household employee cash wages of $1,200 or more in 2000? (If any household employee was your
spouse, your child under age 21. your parent, or anyone under age 18, see the hne A ~nstructions on page 3 before you
answer this question.)
E3 Yes. Skip Pines B and C and go to line 1.
[] No. Go to line B.
~ Social Security, Medicare, and Income Taxes
I Total cash wages subject to social security taxes (see page 3) . . I 1 f 2, 2 B u [0 n ~
2 Social security taxes. Multiply line 1 by 12.4% (.124) ............. 2 2 7 ,;, !,
3 Total cash wages subject to Medicare taxes (see page 3). ~ 3 J .,, 2 5 ,b I0 0 F~'~
4 Medicare taxes. Multiply line 3 by 2.9% (.029) ............... 4 F, 5 2 5
5 Federal income tax withheld, if any ................... 5
6 Total social security, Medicare, and income taxes (add fines 2, 4, and 5) ...... 6 3 -~ 2 5
7 Advance earned income credit (EIC) payments, if any ............. 7
8 Net taxes (subtract line 7 from line 6) .................. 8 3 iii 2 5
9 Did you pay total cash wages of $1,0O0 or more ~n an), calendar quarter of 1999 or 2000 to household employees?
{Do not count cash wages paid in 1999 or 2000 to your spouse, your child under age 21, or your parent.)
[] No. Stop. Enter the amount from line 8 above on Form 1040, line 56, if you are not required to file Form 1040, see the
line 9 instructions on page 4.
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418
Note: Although not shown, Susan also enters on Form W-2 through 21. She also enters her telephone number on Form
the required state or local income tax information in boxes 16 W-3.
00 1234567 2422.13
Susan Green 2250,00 139.50
Anyplace, CA 92665 2250,00 32,63
00O 00 4567
Helen R. Maple
19 Pine Avenue
Anycity, CA 92666
f Employee's address and ZIP Code [] 63 [] [] []
~ ~ Statement For privacy Act and paperwork Reduction
COpy A For Social Security Administration--Send this entire Act Notice' see SeParate instructions'
photocopies are not acceptable.
Kind ~ [] [] [] 2422 , 13
[] [13 ~_ 0.00 139.50
m 2250,00 32.61
O0 1234567
'T ................................
...... W-3 Transmi~al of Wage and Tax Statements ~ O O O °~'~'J~;,"~'~L~'~,i~7~
Note: When you fill in Forms W-2 and W-3, please-- · Do not round money amounts--show the cents potion.
· Type or print entries, if possible. using black ~nk.
· Enter all money amounts without the dollar sign and
comma, but with the decimal point (for example, 2422.13 not
$2,422.13).
Page 7
419
Do You Have To File Form 1040, 1040NR, 1040NR-EZ, 1040-SS, or 10417
Yes -- Attach Schedule H to that form and mail to the address in your tax return booklet.
No -- Mail your completed Schedule H and payment to the Internal Revenue Service Center for the place where
you live, No street address is needed. See When and Where To File on page 3 for the information to enter
on your payment.
IF you live in.,. THEN use this address... IF you live in... THEN use this address...
Florida, Georgia, South Atlanta, GA 39901-0007 Arizona, California (counties Ogden, UT 84201-0007
Carolina, West Virginia of Alpine. Amador, Butte,
Calaveras, Colusa, Contra
Delaware, New Jersey, New HoltsviHe, NY 00501-0007 Costa, Del Norte, El Dorado,
York (New York City and Glenn, Humboldt, Lake,
counties of Nassau, Lassen, Marin, Mendocino,
Rockland, Suffolk, and Modoc, Napa, Nevada,
Westchester) Placer, Plumas, Sacrernento,
San Joaquin, Shasta, Sierre,
New York (all other counties), Andover, MA 05501-0007 Siskiyou, Solano, Sonoma,
Connecticut, Maine, Sutter, Tehama, Trinity, Yolo,
Massachusetts, New and YuPa), Nevada, North
Hampshire, Rhode Island, Dakota, South Dakota, Utah,
Vermont Washington
illinois, iowa, Kansas, Kansas City. MO 64999 0007
Minnesota, Missouri, Oregon, Cafifornia (all other counties), Fresno, CA 93888-0007
Wisconsin Alaska, Hawaii
District of Columbia, rndianal Philadelphia, PA 19255-0007 Alabama, Arkansas, Memphis, TN 37501-0007
Man/land, Pennsylvania, Kentucky, Louisiana,
Virginia Mississippi, Nebraska, North
Caroiina, Tennessee
Michigan, Ohio Cincinnati, OH 45999-0007
American Samoa, Guam, Philadelphia, PA 19255-0007
Colorado. Idaho, Montana, Austin, TX 73301-0007 Puerto Rico, Virgin Islands,
New Mexico, Oklahoma, Foreign country, all APO and
Texas, Wyoming FPO addresses
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