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HomeMy WebLinkAbout2002-01-04 Info Packet of 12/13 CITY COUNCIL INFORMATION PACKET December 13, 2001 I MISCELLANEOUS ITEMS IP1 Meeting Schedule and Tentative Work Session Agendas IP2 Memorandum from City Manager: December Council Economic Development Committee IP3 Memorandum from Police Sgt. Hurd: Persons with Mental Illness IP4 Memorandum from Police Officer Mebus to Police Chief: Community Relations Monthly Activity Report - November 2001 IP5 Minutes: November 14 - Neighborhood Housing Relations Task Force IP6 Memorandum Brief: Southgate Development Company, Inc. v. City of Iowa City [Kanner] IP7 The Legislative Bulletin [Atkins] IP8 Wastewater Treatment and Collection Facility Contract 3 - South Plant Improvements - Report #9 [color photos available in City Clerk's Office] IP9 Email from Lane Plugge (lC Schools) to Tim Walker: Horace Mann Repurposing City Council Meeting Schedule and December13,2001 Tentative Work Session Agendas J December 24-25 Monday/Tuesday CHRISTMAS HOLIDAY - CITY OFFICES CLOSED January 1 Tuesday NEW YEAR HOLIDAY - CITY OFFICES CLOSED January 4 Friday 9:30a SPECIAL FORMAL COUNCIL MEETING Emma J. Harvat Hall · Organizational Meeting I January 7 Monday 6:30p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall January 8 Tuesday 7:00p SPECIAL FORMAL COUNCIL MEETING Emma J. Harvat Hall January 9 Wednesday TBD SPECIAL COUNCIL WORK SESSION TBD · Joint Meeting with JC Board of Supervisors, Schools, Cities of North Liberty and Coralvilre I January 10 Thursday 1:30p - 5:00p SPECIAL COUNCIL WORK SESSION Emma J. Harvat Hall · Budget Meeting January 21 Monday MARTIN LUTHER KING DAY - CITY OFFICES CLOSED Meeting dates/times subject to change FUTURE WORK SESSION ITEMS Dog Park Downtown Historic Preservation Survey Regulation of Downtown Dumpsters Writers' Safe Haven Parking on Downtown Private Property Political Activities at the Senior Center Refuse Carts City of Iowa CityiP2 M MORANDUM Date: December 12,2001 To: Council Economic Development Committee From: City Manager Re: December Council Economic Development Committee Given that there is no issue that requires the immediate attention of the Economic Development Committee, the Committee's December meeting has been cancelled. The next scheduled Committee meeting is for Thursday, January 17, at 9:00 a.m. Memorandum To: Steve Atkins From: Sgt. Kevin Hurd Date: 12/07/01 Re: Persons with Mental Illness In the way of training, we did a departmental Watch Training on dealing with persons with disabilities in February 2001. This training specifically dealt with handling calls involving persons with disabilities. Additionally, dealing with people with mental illness has been a topic in the Iowa City Police Department Monthly Training Bulletin and at the Department's annual MATS training. Officers attending the basic academy receive a block of training on handling calls involving persons with mental illness / disabilities. It is important to note we do not arrest people because of a mental illness. Departmental policy clearly states that arrests MUST be based on probable cause of a criminal offense, therefore if a person with a disability were arrested it would be for a specific behavior (crime) and not for their illness. On occasion, we may become involved in the committal process. This occurs when there is a request for assistance from a friend or family member. In these cases officers serve as a facilitator in ensuring that the person gets transported to the appropriate facility. This may be a family physician or transport to a medical facility for an evaluation. When a person creates an imminent threat to themselves or others, officers may become involved in the involuntary committal process. While it is preferred that persons voluntarily seek assistance, if they decline and there is the imminent threat, they may be committed as is consistent with state law. While officers may initiate and/or transport a person for an involuntary committal, the decision to keep or release the person is made by medical authorities. December 7, 2001 Persons who have not committed an offense and that do not create an imminent threat to themselves or others constitute the majority of the contacts between officers and the mentally ill. In these cases, officers may refer the person to community mental health or a medical facility for assistance and or evaluation. If the person has particular needs, officers may refer the person to the appropriate "social service" agency, i.e. crisis center, for assistance. If the person does not wish assistance and has not created a criminal offense or does not pose an imminent threat, they are free to go without further police intervention. 2 IP4 To: Chief Winkelhake J From: Officer R. A. Mebus Ref: Monthly Activity Report Date: November 2001 Copy: Captain Widmer f~ During the period covered by this report, 9 different officers spent a total of 24.75 hours participating in more than 14 community events and had contacted nearly 475 persons. Listed is an overview of the different events. DATE OFFICER CONTACTS TIME ACTIVITY 11/01/01 Mebus, 25 2.5 hrs Self Defense for Women Shaffer 11/03/01 Hart 150 5 hrs Mock Trial- Middle School 11/04/01 Bailey, K 5 1 hr Gangs/Guns in Schools 11/04/01 Bailey,K 8 1 hr Delinquency Forum 11/05/01 Ambrose 6 .25 hr Parking Problems 11/06/01 Hart 40 1 hr Drug Presentation 11/07/01 Mebus 35 1 hr Community Helpers 11/08/01 Bailey,K 20 2 hr Shoplifting Class 11/09/01 Bailey, K 35 1 hr Kirkwood Class- OWl, etc 11/19/01 Smithey 25 1 hr Pheasant Ridge Pre School 11/20/01 Mebus 20 1.5 hr Self Defense for Women 11/27/01 Peterson, L 13 4 hrs CPR / 911 / ICPD Communications 11/28/01 Brother[on, 90 2 hrs RSVP Program Bok, Shaffer 11/28/01 Brotherton 3 1.5 hrs HACAP Resource Site Council Board Mtg The Iowa City Police TIPS Trainers held 1 class with 46 attendees There were approx. 25 hours of "in school" time by Mebus. This does not account for "incidental" visits, to contact the principal, secretary, or staff. There is in place now a reporting method through dispatch to more accurately record the date, times, location, and identity of each officer. It will be tested in the month of December. IP5 MINUTES FINAL/APPROVED NEIGHBORHOOD HOUSING RELATIONS TASK FORCE WEDNESDAY, NOVEMBER '14,200'1- 3:30- 5:00 PM CITY MANAGER'S CONFERENCE ROOM Members Present: Hillary Sale, Ann Freerks, Jerry Hansen, Tim Walker~ Mike Carberry, Nick Klenske, Mike Newman, ']'ed Chambers, Larry Svoboda, Anne Vespa, Sally Cline Members Absent: None Staff Present: Marci@ Klingaman, intern Erin Welsch, Sue Dulek, Capt. Matt Johnson, Doug Boothro¥, Norm Cate City Council Members Present: Irvin Pfab Others Present: Maryann Dennis CALL TO ORDER Hillary Sale called the meeting to order at 3:30 PM Approval of Minutes for November '14,200'1 The following corrections to the minutes were made: Pg '1 ) Change "problems" to "issues" Change "memorandums" to "memoranda" Pg 2) Pg 3) ...... Pg 4) Change "Anne Freeks" to "Ann Freerks" Change to "West to South migration" Pg 5) Make clear that a university representative would be for nuisance issues only MOTION: Tim Walker moves approval of the minutes with above portions corrected. Mike Newman seconded. All in favor. No objections. Minutes for November 7, 200'1 were approved as corrected. DISCUSSION REGARDING LIST OF PROBLEMS AND SOLUTIONS Hillary Sale prefaced this discussion saying that her summary of this list (attached) was her best attempt to categorize and group the items submitted. She was impressed with the solutions offered. Beginning with the start of the list, the issues were: Changes in zoning, property use- Marcia Klingaman clarified that the implementation of the Good Neighbor Policy was not mandatory in Iowa City. All the is currently required is the written notification of all property owners within 300 ft. of the proposed and a sign on the property. The policy was encouraged to be practiced to developers/applicants by staff. Iowa City exceeds the guidelines set by the state, which only requires 200 ft. for notifications and no signage. Complaints v. Police/Housing generated- it was discussed whether people should be required to complain before authorities will deal with problems that are in plain view. Senior Housing Inspector Cate assured the task force that he would not walk by a violation when on the Neighborhood Housing RelationsTask Force Minutes November 14, 2001 Page 2 properly regardless of whether a complaint was made. Doug Boothroy confirmed this by saying that inspectors will take notice of trash, public and nuisance issues that might be under separate codes. The inspectors survey the property as a unit and look at it in its entirety. However, at present, inspectors only make calls at scheduled intervals or when a special request is made. They do not make far, dom calls. There is no systematic acknowledgement of infractions by housing inspectors that would resemble, say, a foot patrol. In addition, Captain Johnson indicated that the police could initiate action on non-private property issues. They prefer to act on complaints in private property situations such as disorderly houses. However, if the violation is particularly egregious, they may take action independently. For instance, while blocking a driveway is illegal, in practice, most officers will not ticket or tow a vehicle parked in front of a driveway unless a specific complaint is made. One reason for this is that the vehicle may belong to the owner. The ordinance says that they may ticket or tow but the police tend to ticket rather than to tow. It is also illegal to block a sidewalk even if one owns the adjoining driveway. This may be enforced more often in absence of a complaint. Sale determined from this that it would not be a problem if this committee asked the police to be more assertive in discretionary situations. Nick Klenske of the UI Student Body voiced his concern that discretion not be taken away from the officers. Tim Walker was displeased that police dispatchers when reporting a disorderly house require a specific address. He presented the scenario of a disturbance early in the AM and the plaintiff does not know the specific address. In this case, couldn't a person just request that the police come to the blank block of such-and-such and follow the noise? Captain Johnson affirmed that the information offered should be sufficient and that the call should be responded to. He also said that it is reasonable for an individual to expect a call back if requested. He also said that there is no priority given to an identified caller versus an anonymous caller. Jerry Hansen suggested looking at the model of the PACE committee in Davenport, IA. Representatives of the City Attorney's Office, Police, Housing Inspection and property owners form the committee. They take care of the problems being discussed when they see them. They don't wait for complaints to be generated. Disorderly houses- There was considerable discussion concerning the issue of whether fines for these disturbances should be mandatory or not. In addition, the definition of over occupancy was discussed. For instance, are non-resident over occupancy issues such as pad/es included in these ordinances? Chambers indicated that two people over the number of bedrooms in an apartment is over occupancy and this would provide for small get-togethers only. He suggested that this committee recommend a reasonable limit of occupants for party situations. It is taken into consideration that this committee will recommend amending the disorderly house ordinance by adding a paragraph limiting the number of people in absence of a specific permit. Capt. Johnson stated that disorderly houses are one area where discretion is made by the officers who respond. Therefore, citing vs. warning is driven by reasonability. Officers do feel supported if they choose to issue citations, but feel more comfortable in doing so if there was some reasonable warning first. There was some opposition to preliminary warnings with some members feeling that minimum mandatory fines would better solve the problem. However, Capt. Johnson reiterated the importance of discretion by giving Carberry's example of false complaints against a neighbor with whom one holds a grudge. It would not be right to fine without taking into account the situation. Neighborhood Housing RelationsTask Force Minutes November 14, 2001 Page 3 Capt. Johnson also stated that the CAD dispatch system records complaints and addresses so that they may be retrieved later. The outcome of the call can also be retrieved. For example, there were some 1700 disorderly house calls in Iowa City in the past nine months! The committee was informed by the captain as well as by Sue Dulek about some of the finer points of the ordinances. For instance, a complaint of noise across a rental unit is as valid as one across a property line. In addition, the magistrate decides the fines so by State law; this committee cannot put an escalating fine system in place. Other ideas discussed were a checklist that the responding officer might go though to determine whether to cite a residence as a disorderly house. Also, it was pointed out that to the extent that decibel level and occupancy levels are quantified, the harder it is to cite improperly. Drugs- Chambers made it clear that landlords are aware of their responsibility to report drug activity on their property. Dulek confirmed this by saying that they are subject to forfeiture law in such situations, though it is rarely used, but this committee could recommend that that change. Svoboda indicated that it might be a good idea to reiterate the state forfeiture law in the local ordinance. There was a discussion on what grounds evictions could occur and by whom they could be issued. It is clear that only property owners can physically evict their tenants. However, the City can pressure the properly owner in some situations by taking actions such as terminating Section 8 money. However, landlords do have some flexibility in determining whether or not to terminate a lease; they do not need a drug conviction or even an arrest, merely a preponderance of evidence of drug activity. Dulek also detailed how landlords can protect themselves from having unsavory tenants by choosing not to rent, as long as their decision is based on factors outside of the federal discrimination guidelines of sex, race, etc. Sale summed up the prevailing sentiments by saying that it may be advisable for this committee to make a public plea to the City Council for magistrates to be more aggressive in their enforcement of existing ordinances regarding drugs. Enforcement- There was a suggestion that more police be made available on the weekends, between 2-3 AM and on "problem nights". In such cases, foot patrols might be preferable. Capt. Johnson remarked that Campus officers are sworn peace officers of the City and have the same authority and jurisdiction of Iowa City police officers. Evictions- as discussed elsewhere, only landlords can evict a tenant, but the City can cause the landlords to lose their rental permit, which would later indirectly, result in a tenant's eviction. At that point, a judge would issue an order to vacate. However, Chambers pointed out that many properties do not have a rental permit and therefore would not be hurt by such an action. Resident halls are not subject to landlord provisions. Research into resident hall policies on eviction was suggested. Walker indicated that Michigan State University in East Lansing, Michigan has an education program in place for students to help them be good tenants in the future. He suggested that this committee recommend to the University such a program. REVIEW OF OTHER ISSUES FOR NEXT MEETING At the next meeting, the task force will resume work on Agenda Item III, The Problem/Solution List, beginning with fines. OTHER BUSINESS The next meeting will take place Wednesday, November 28 at 3:30 PM in the City Manager's Conference Room. There was a general feeling that it would be prudent to meet weekly until Neighborhood Housing RelationsTask Force Minutes November 14, 2001 Page 4 around Christmas in order to quickly work through issues. One or more public sessions may be scheduled during this same time. MATERIALS DISTRIBUTED Information on Landlord and Housing Regulations, Municipal Infraction Provisions, e-mails, etc. was distributed. ADJOURNMENT The meeting was adjourned at 4:55 PM Distributed by Council Member Kanner iN THE IOWA DISTRICT COURT iN AND FOR JOHNSON COUNTY I 'i66 1 COMPANY, INC. , ) Plaintiff, ' . ) No. CVCV 061752 v. ) ~ DEF_ENDANT'S . ,: ) MEMORANDUM BRIEF.] .~, ~-~ CITY OF IOWA CITY, ) ~ .... -: Defendant. ) COMES NOW the defendant, City of Iowa City, Iowa, and hereby submits the following memorandum brief: I. THE CITY COUNCIL'S DENIAL OF PLAINTIFF'S KEZONING REQUEST WAS NOT ARBITRARY OR CAPRICIOUS AND DID NOT CONSTITUTE A CLEAR ABUSE OF DISCRETION; ACCORDiNGLY, THE CITY COUNCIL'S ACTION SHOULD BE SUSTAINED. In general, zoning is a legislative function and, as a result, under the limitation arising from the constitutional separation of powers, it is not subject to judicial interference except for abuse of discretion, excessive use of power, or error of law. The legislative determination in zoning matters is entitled to a strong presumption of validity. It follows likewise that courts cannot substitute their judgment as to matters of zoning for that of the municipal legislative body or other zoning authority. The general role against judicial interference with zoning, unless it clearly is unreasonable or an abuse of discretion, is applicable with respect to the necessity and extent of zoning or rezoning. The judiciary has no authority to interdict either zoning or rezoning decisions that may be said to be "fairly debatable." See, 8 E. McQuillin, The Law of Municipal Corporations, sections 25.278 - 279. -2- Judicial relief can be obtained, however, in zoning matters if there is a clear abuse of discretion or arbitrary and capricious treatment in regard to a zoning measure. See, 8 A E. McQuillin, supra, section 25.280; Incorporated City of Denison v. Clabaugh, 306 N.W.2d 748, 755 (Iowa 1981). The Iowa Supreme Court in the case of Montgomery v. Bremer County Board of Supervisors, 299 N.W.2d 687 (Iowa 1980) confn'ms that the court's scope of review is very limited when reviewing a municipality's decision regarding zoning ordinances in the context of a certiorari proceeding. Unless the certiorari procedure is modified by statute or constitutional principle, a zoning decision must be upheld if it is supported by any competent or substantial evidence. Id. at 692. In the present case, this limited review procedure has not been modified by any statute or constitutional principle. If, for example, this case involved the actions of a board of adjustment in connection with a zoning matter, the district court must find facts anew pursuant to Iowa Code section 414.18, which is a special statutory provision requiring trial de novo in certiorari actions involving decisions by a board of adjustment. See, Weldon v. Zoning Board of City of Des Moines, 250 N.W.2d 366, 400 (Iowa 1977). No such statute, however, exists goveming the review of zoning decisions by a city council. As such, decisions by city councils in regard to zoning matters are afforded great deference by the courts. In reyiewing amendments to zoning ordinances, there is a presumption that they are valid; if their reasonableness is fairly debatable, the court will not substitute its judgment for that of the legislative body, the city council. Under the limited scope of review that is applicable to the present case, the court is limited to deciding whether the decision of the city council to approve or deny the rezoning -3- request is "fairly debatable." Montgomery case at 692; also, see Hermann v. City of Des Moines, 97 N.W.2d, 893,895 (Iowa 1959). In cases of doubtful or debatable reasonableness, courts must sustain zoning decisions by a municipality. See, 8 A E. McQuillin, supra, section 25.28I. Certiorari is an action at law, and questions or findings of fact by an inferior tribunal are generally not reviewable on certiorari. Further, in rezoning matters, a city council is not required to make specific findings of fact to support its decision. Montgomery at 6941 Rather, a review of the record is for the limited purpose of determining whether the city council's decision is supported by any competent evidence. Smith v. City of Fort Dodge, 160 N.W.2d 492 (Iowa 1968). The burden of proof in these cases rests on the plalntiffto show that the city council exceeded its jurisdiction or otherwise acted illegally. Id. at 495; also, Norland v. Worth County Compensation Board, 323 N.W.2d 251 (Iowa 1982). Under the police power, zoning is a matter within sound legislative discretion and, if the facts do not show the bounds of that discretion have been exceeded, it must be held that the action of the legislative body, here the city council, is valid. Unless the plaintiffproves that the city council action is tainted by some illegality, such as clear abuse of discretion or arbitrary and capricious treatment, the city council's action on this discretionary zoning matter must be deemed valid. Smith at 495; also, see Keller v. City of Council Bluffs, 66 N,W.2d 113 (Iowa 1954). There is a presumption that the city council properly performed its duty under the law, unless clear evidence to the contrary appears. See, Petersen v. Harrison County Board of Supervisors, 580 N.W.2d 790, 793 (Iowa 1998). -4- In Petersen, the court clarified the meaning of "illegality" in the context of a certiorari action. Illegality exists when a board's ~conelusion does not have any evidentiary support or when an improper rule of law is applied. Id. at 793. The Board of Supervisors, in said case, den/ed a proposal to establish an agricultural area under Chapter 352; this denial was sustained by the court in a certiorari proceeding. The court held as follows: The Board received the information presented during the hearing and considered it in making its decision. We believe the Board properly weighed the interest relating to preservation of private property rights and the policies associated with plaintiffs' proposal for an agricultural area. After weighing these competing interests, the Board made its decision disapproving plaintiffs' proposal and briefly stated its reasons. This is all that the Board was required to do under the statute. The Board did not abuse its legislative grant of discretion under section 352.7(2). Although the record in a case such as this might support an opposite finding, our responsibility is only to determine whether the information presented to the Board supports the finding actually made. City of Cedar Rapids v. Board of Trustees of Mun. Fire & Police Retirement Sys., 572 N.W.2d 919, 926 (Iowa 1998). We are reluctant to specify the amount or type of information that must be presented to a Board when making a decision concerning a proposed agricultural area. To do so might unduly formalize the proceedings before the Board which is to be avoided, absent statutory direction. Id. at 796. (emphasis added). In certiorari actions, it is neither the function nor the privilege of the court to pass upon the wisdom or soundness of an inferior tribunal's discretion. Smith at 498. ,If the reasonableness of the tribunal's action is open to a fair difference of opinion, the court may not substitute its decision for that of the tribunal. See, Ackman v. Board of Adjustment for Black Hawk County, 596 N.W.2d 96 (Iowa 1999); also, see, Montgomery case at 696. -5- In the present case, the city council's denial of the plaintiffs rezoning request mast be upheld if the court finds any substantial evidence which supports the "no'' votes of council members Irvin Pfab and Steven Kanner. Substantial evidence has been defined by the Iowa Court in various ways, including a "body of proof less than a preponderance" or "evidence favoring facts on which reasonable men may differ." See, Grant v. Fritz, 201 N.W.2d 188 (Iowa 1972). Accordingly, the possibility of drawing two inconsistent conclusions from the evidence does not prevent a decision from being supported by "substantial evidence." Defendant submits that the "no" votes of Council Members Pfab and Kanner were supported by substantial evidence in this case; there has not been a clear abuse of discretion or arbitrary and capricious action that the plaintiff must prove to nullify the city council's denial of the rezoning request. It is significant that the ordinance in question in this case is a zoning ordinance. When the City of Iowa City adopted the sensitive areas ordinance in 1995, a conscious decision was made by the city council to require standard zoning procedures, including notice, public hearings, and review by the planning and zoning commission, prior to the city's council's consideration and decision on a request for sensitive areas overlay rezoning. By comparison, the City could have adopted an ordinance which provided only for a site plan review which would have only required staff and city council approval about technical compliance with th~ ordinance. A site plan review is very different than the type of procedure which is involved in the present case. The approval of a site development plan is not rezoning. A site development plan merely shows the configuration of the property, the location and dimensions of the proposed buildings, landscape data, engineering data, and other factual information relating to the intended -6- development of the property. The site plan allows the City to assure technical compliance with the city zoning regulations and other various city codes and regulations. See, Kane v. City Council of Cedar Rapids, 537 N.W.2d 718 (Iowa 1995). A clear indication of the significant difference between a site plan review and rezoning is the fact that the "super majority" requirement as provided for in Iowa Code section 414.5 does not apply to a city council's decision on a site plan review; the requirement does apply to rezoning requests as in the present case. Id. at721-722. The plaintiff appears to contend that its request for rezoning in this case must be approved by the city council because the application meets most if not all of the technical requirements of the sensitive areas ordinance, especially as it relates to the protection of "critical" (25 - 39%) and "protected" (40%) slopes. If technical compliance were the only issue here, however, there would not be any need for the notice, public hearing, and super majority approval requirements that are involved in this case. The purpose for public notice and hearings is to provide additional input for the decision makers to aid them in their determination of whether or not the rezoning is in the public interest under the police power. As discussed above in this brief, considerable discretion is granted to the legislative body in making that decision. Because this case involves a requested change in zoning, it is goven~ed by the provisions of section 414.5 of the Code of Iowa which provides as follows: The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, a council may impose conditions on a property owner which are in addition to -7- existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested cha~ge. In case, however, of a written protest against a change or repeal which is filed with the city clerk and signed by the owners of twenty percent or more of the area of the lots included in the proposed change or repeal, or by the owners of twenty percent or more of the property which is located within two hundred feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths of all the members of the council. The protest, if filed, must be filed before or at the public hearing. The provisions of section 414.4 relative to public heatings and official notice apply equally to all changes or amendments. As the record reflects in this case, there was a written protest by the requisite number of property owners adjacent to plaintiff s property to trigger the requirement that the proposed zoning change could not become effective except by the favorable vote of at least three-fourths of all the members of the city council. Because Mayor Lehman recused himself from the vote on plaintiff's rezoning application because of a conflict of interest, the super majority requirement (three-fourths vote) applied to the six remaining city councilors who voted on the request. Because the vote was four to two in favor of the zoning request, the request was denied because of the lack of the statutorily requia'ed super majority (three-fourths) vote. Prior to the city council's consideration of plaintiffs rezoning request, the request was reviewed by the Iowa City Planning and Zoning Commission. At the commission's meeting on February 15, 2001, the commission recommended approval of the zoning request by a vote of three - two. Commission Members Pam Ehrhardt and Jerry Hansen were the two members of -8- the commission who voted against the rezoning change. The minutes of the February 15, 2001, planning and zoning commission meeting reflect the reasons for the two "no" votes as follows: Ehrhardt said she will voting [sic] against this. The reasons are. that the infrastructure does not support this, the traffic is a major problem and she is concerned about the water retention basin. She said it seems like you put all this concrete instead of the land that absorbs water. She said she knows the engineers come up with a great plan but in her mind she cannot visualize how this is going to be better than land absorbing water. Hansen said he initially thought it was okay because of 9 units per acre, which could limit the density and the affect [sic] on neighbors of what could happen to this property. He finds the development in and 'of itself meets the 'letter of the law but it stretches the credulity as far as traffic goes especially with Weeber going uphill to Benton. Benton has been a problem forever. He doesn't like the way it impacts the neighborhood and he will be voting against it. ~ (See, page 15 of the minutes of the February 15, 2001, planning and zoning commission meeting). At the public hearing on April 17, 200 I, several members of the public spoke in opposition to plaintiff's rezoning request. Numerous concerns were expressed about the proposed zoning change, including concerns about increased traffic, secondary access, parking problems, emergency vehicle access, parkland dedication, and the detrimental impact the proposed developm, ent would have on the sensitive area in question which is comprised of wooded slopes and ravines. Attomey Joseph Holland addressed the city council on behaif of the Weeber Harlocke Neighborhood Association and spoke at length in regard to his interpretation of the Sensitive Areas ordinance in this case. Mr. Holland expressed his view that plaintiff's proposal was not in the public interest and suggested that "it would be better for the Council to reject this proposal and send this back for redesign at a minimum to see what can be done to -9- meet the kinds of issues that are still out there." (See, pages 29 - 33 of the transcript of the April 17, 2001, meeting). Following the public hearing held on April 17, 2001, the six council members stated their votes and expressed reasons for their respective decisions on this zoning request. Council Members Kanner and Pfab were the two members of the city council who voted against the request. Council Member Kanner listed the following reasons in support of his decision to vote against the rezoning: "I respect the opinions that we have had from our City Attorneys and other attorneys representing this case and from the testimony that we have heard from neighbors in the area. One thing though that I keep coming back to is the wording in the Sensitive Areas ordinance I believe in 14-6K(1)(n). And planned design guidelines talk about use land efficiently and preserve environmentally sensitive areas as open space amenities. Encourage development, which provides for easy access and circulation for pedestrians and bicyclists. Encourage innovative residential developments that contain a variety of housing types and styles. Strive for development solutions that best promote the spirit, intent and purpose of the Sensitive Areas ordinance while permitting development of the property for reasonable beneficial uses.. And although this development proposed by Southgate has many positive things, the in-fill development I feel is a worthwhile cause. I find that there are other things that do not meet the spirit or the law of the Sensitive Areas development plan design. And I will be voting against this proposal." (See, page 42 of the transcript of the April 17, 2001, meeting). Council Member Pfab voted against the request and stated, "I believe it is not in the best public interest." (See, page 44 of the transcript of the April 17, 2001, meeting). Although Council Member Champion was one of four members of the city council to vote in favor of the request, she also expressed concerns about emergency vehicle access to the property. She stated, -10- "I am still very concerned about the availability of emergency vehicles to get down this road and I may not support the second reading and that would be why." (See, page 46 of the transcript of the April 17, 2001, meeting). What is clear fi.om the record in this case is that the proposed zoning change submitted by plaintiff was controversial and was opposed by a significant number of members of the public who owned property and lived in the area where the subject property is located. The record does reflect that there is substantial evidence to support the two "no" votes by Council Members Pfab and Kanner. Because of the "critical" and "protected" slopes located within the subject property, a Sensitive Areas Overlay (OSA) rezoning was required prior to plaintiff's development activity on said property. See, section 14-6K-i(C) of the Sensitive Areas Ordinance. Section 14-6K- I (C~)(1)(c) provides that "Review and approval of a sensitive areas planned development shall be by ordinance in accordance with the Planned Development Housing Overlay Zone (OPDH) procedures, as specified in subsection 14-6J-2D of this Chapter." In his comments before the city council on April 17, 2001, Attorney Joseph Holland commented about the application of the OPDH procedures in connection with the council's review of plaintiff's request for rezoning. It is clear that the City intended that a Sensitive Areas Overlay Rezoning follow the OPDH procedures. This is made clear in section 14-6J-1 of the Iowa City Code which provides as follows: 14-6J-1: SENSITIVE AREAS OVERLAY ZONE (OSA)~: A sensitive areas overlay rezoning may be requ/red for properties containing environmentally sensitive features such as wetlands; woodlands two (2) acres in size or greater, where other sensitive features exist on the site; critical slopes (25-39%) and/or protected slopes (40%). The definitions, procedures, requirements and -11- exemptions for the Sensitive Areas Overlay Zone (OSA) are set forth in Article K of this Chapter, entitled Environmental Regulations, Section 14-6K- 1, Sensitive Areas Ordinance. Review and approval of a sensitive areas overlay rezoning shall be in accordance with the procedures and regulations governing planned development housing overlay rezonings, as specified in subsection 14-6J-2D of this Article. Among other things, the OPDH regulations are intended to "provide flexibility in architectural design, placement and clustering of buildings, use of open space, traffic circulation and parking and related site and design considerations," to "encourage the preservation and best use of existing landscape features through a development sensitive to the natural features of the surrounding area," and to "prOmote an attractive and safe living environment compatible with surrounding residential developments." See, section 14-6J-2(B). It was appropriate for the city council to consider these regulations and procedures as they impacted plaintiff's rezoning request. Said requirements and regulations go beyond mere technical compliance and provide substantial evidence why Council Members Pfab and Kanner concluded that plaintiff's application was not in the "best public interest." As stated above, Council Member Kanner also cited the provisions of section 14-6K-1 (N) for his decision to vote against the rezoning. Said section sets forth design guidelines for Sensitive Areas Development. Said guidelines are to be used by the City when evaluating a Sensitive Areas Overlay (OSA) rezoning. The purpose of the guidelines are set out in section 14- 6K-I(N)(1) which states as follows: N. Sensitive Areas Development Plan Design Guidelines: 1. Purpose: The purpose of sensitive areas development plan design guidelines is to: - 12- a. Provide for flexibility in design of public infrastructure and commercial, research development, office research, industrial and residential developments to help assure that developments near, in or adjacent to environmentally sensitive areas are designed to use land efficiently and preserve environmentally sensitiVe areas as open space amenities. b. Allow flexibility in the application of development codes, standards and guidelines to allow innovative designs that promote the purpose of the Sensitive Areas Ordinance. c. Encourage development which provides for easy access and circulation for pedestrians and bicyclists. d. Encourage innovative residential developments that contain a variety of housing types and styles. e. Allow neighborhood commercial uses which are appropriate in scale and design for the proposed development. [Citations omitted]. Council Member Kanner, as shown by his comments during the April 17, 2001, meeting, clearly believed that plaintiff's rezoning request was deficient in regard to meeting "the spirit or the law of the Sensitive Areas Development Plan Design." Because it was appropriate for the city council to consider said design guidelines in connection with its review of plaintiffs zoning request, it cannot be said that Mr. Karmer's decision to vote "no" was a clear abuse of discretion or an arbitrary and capricious action. Under the "fairly debatable" rule, both Council Members Kanner and Pfab were entitled to their opinions in this matter; they properly exercised their discretion to vote "no" after concluding that plaintiff's rezoning plan, as currently designed, did not serve the best public interest. The fact that the majority of the other council members concluded otherwise does not - 13- detract from the legitimacy and legality of Mr. Kanner's and Mr. Pfab's decision. Under Iowa Code section 414.1, zoning is the exercise of the police power in the interest of public peace, order, morals, health, safety, comfort, convenience, and general welfare. Because it cannot be established that Mr. Karmer's or Mr. Pfab's "no" vote was a clear abuse of discretion or that they acted arbitrarily or capriciously in this matter, the court should sustain the denial of plaintiff's rezoning request. D~ 000-00-0596 Hay~ek~ I~yel~Brown & Moreland, L.L.?. Brem'er-B~uild~ig 120 Va E~t~m~n~on S~eet Iowa CiW, Iowa 52240-3976 319-337-9606; f~ 319-338-7376. A~O~Y FOR DEFEND~T Original: Filed. CERTIFICATE OF SERVICE Copy to: Thomas Gelman Michael Pugh The undersigned, a member of the bar of this state, hereby Phelan, Tucker, Mullen, Walker, certifies that a mae copy of the foregoing instrument was Tucker & Gelman, L.L.P. served upon each of the aaome?s of record of all parties to the above entitled cause by hand delivering the same to 321 East Market Street each such aaomey on the 270' day of November, 2001. P. O. Box 2150 Iowa City, Iowa 52244 I IP7 12-06-01 A publication of the Iowa ~ague of Cities ¢o,~-~,~, Budget cuts and nate reali~is that it is possible. Last session, the bill that passed the Senate pr0p0sefl limitations hit removed cities from the limitation. Now, there is talk about putting cities back into the legis- Cities with n0 new bof0resession starts lation. ~other version of the limitation could residential gr0~h also, potentially, appear in a second bill pro- ncr increase in 'Tis the season for giving, but this year the posed by the House. state will be t~ng more than gMng in the During the upcoming session, the League valuation, already upcoming legislative session. Cities have will continue to adamantly oppose ~rther face imposed already been hit during the current fiscal restrictions on cities' abili~ to provide se~ic- limits 0n their year (~2~2) by the gove~or's 4.3 percent es. Ci~ budgets will be hit in ~2003 by the .~ across-the-board cuts effective November 1. 51.6676 residential rollback, a ~percent ~ ~ budgets; (See page 2 for a list of impacts.) ~though decrease from ~2002. Cities with no new res- additional the legislature met during a special session idential growth nor increase in valuation limitation will to restore appro~mately $26 million in cuts, already face imposed limi~ on their budgets; especially ~rangle the state's proper~ t~ replacement ~nd for additional limitation will especially strangle cities received none. these communities. these Under the current state budget cuts, cities In the ne~ s~ wee~, it is imperative ci~ communities, will be ta~ng a hit in their ~2002 budgets, officials contact lawmakers to discuss the Cities acknowledge the state's fiscfl prob- adverse impact this proposed limitation will lems and prepared to m~e adjustments like have on ci~ residents. Lawmakers should be other ~nded programs and state agencies, reminded that ci~ officials have commitments U~o~unately, the forecast for the state's to their ~nstituents, too ~ through police budget ~ntinues to look ve~ ~nstr~ned and fire protection, street and park mainte- for next year (~2003). There is ~ncem nan,, ~d other basic ~d ne~ssa~ commu- that the le~slature may need to make addi- ~ se~ices. ~e proper~ t~ limitation tional cuts to the FY2002 budget, and the assumes a state-wide fo~ula can be placed on ~2003 budget may be short by over $400 all communities because they all provide f~ed million, se~ices. ~is is simply not t~e. Residents Cities need to be concerned not only with demand many se~ices; cities need the fle~bil- more potential cuts in state reimbursement, i~ to decide what is most beneficifl to their but also the proper~ tax limitation legisla- specific communi~. Just as the state decides tion still looming from last session. If state which programs to cut or ~nd, cities must be proper~ t~ credits continue to be under- able to do the same, unfettered by state limita- ~nded, cities must retain the abili~ to tions. dete~ine proper~ t~es to offset their The 2002 legislative session begins Janua~ budget sho~falls caused by the state. While, 14. Lawmakers need to be contacted NOW it does not seem reasonable during a state and urged to oppose any li~tation. To share budget crunch that legislators would limit your lawmakers' response to the proper~ t~ local governments from being fiscally able to limitation, call Susan Jud~ns or Konni perform their responsibilities, the unfortu- Cawiezell at the League at (515) 244-7282. IOWA LEAGUE OF CITIES Grocers claim health hazard for eliminating duty from the bottle bill To date, Once again opponents are asking lawmak- redemption centers and convenience there has ers to repeal Iowa's highly successful and stores. popular "bottle bill." This time they claim Grocers are not forced to accept bottles never been a that bringing used cans and bottles into and cans in their stores; they can desig- health stores that sell food creates a health hazard nate redemption centers to accept them. violation at for Iowans. Jeru~ Fleagle, president of the The Iowa Grocery Industry Association an Iowa Iowa Grocery Industry Association, was also claims the bottle bill is a direct threat quoted in the Des Moines Register, December to food safety. To date, there has never grocery store 1, 2001, as saying, "Grocery stores are not been a health violation at an Iowa grocery due to the garbage dumps." The grocery industry's store due to the bottle bill. Self-serve bottle bill. solution for managing the millions of bottles redemption machines have further less- and cans recovered by the bottle bill's five- ened the dependence on having employ- cent redemption is a curbside-only collec- ees handle containers. More importantly, tion. This is not a reasonable solution for grocers can refuse to accept dirty contain- residents of iowa communities, ers. People are not bringing garbage to grocery In a poll conducted by the University of stores; they are bringing back the containers Northern Iowa last year, 86 percent of they purchased from those stores, so the Iowans surveyed support the bottle bill. containers can be recycled. Without the Iowans support the bottle bill because it deposit incentive, consumers will be less reduces litter and keeps the majority of inclined to recycle, resulting in cans and bot- bottles and cans out of landfills. The ties along Iowa's roadsides, parks and other League encourages city officials to discuss natural resources. Additionally, not all eom- the benefits of the bottle bill with their munities offer curbside recycling, and those community and dispel concerns of poten- that do would have to undergo considerable tial health risks currently being touted by reorganization to accept the additional the grocers. material currently being handled by grocers, Across-the-board state cuts hit cities The following state-shared The State Consolidated Payments to be revenues will be affected by made in December and March will both be the 4.3% budget cuts: cut to reach the full 4.3% reduction. The · State Consolidated State Library of Iowa has indicated Enrich Payment - Population Iowa payments will not be cut, but a reduc- Allocation, the tion in Open Access and Access Plus will Personal Property Tax be administered in order to reach a full Replacement and the 4.3% reduction in the programs. Moneys and Credits Reimbursement Revenues not affected by the reduction · Bank Franchise Tax include: · Enrich Iowa, Open · Road Use Tax Fund Access and Access · Liquor licenses and beer permits Plus · Utility Replacement Tax · Machinery & · State contribution to 411 Equipment Reimbursement Swenson report studies Iowa's property tax system Iowa's property tax system will still be have higher local taxes than other states. under the legislative microscope when legis- Despite the fact that total revenue per lators convene in January for the 2002 ses- capita is less, and even total tax revenue ... where 10wa sion. Specifically, there are several bills that per capita is less, Iowa cities rank higher differs from purport to address the issue of property than both national and regional averages neighboring taxes in Iowa still pending from last year, in dependence on property tax per capita, states Is in lower and there is some talk that a new bill will be The greater reliance on property tax filed. A report on local taxes and spending is reflects the fact that cities in Iowa have state-collected being finalized by David Swenson, an econo- been given little flexibility to find other revenues and mist from Iowa State University. The report revenue sources. In fact, the one most sig- other forms of contains interesting findings and can serve as nificant factor where Iowa differs from a useful resource for policy makers, neighboring states is in lower state-col- state aid, Over the past several years, many interest- lected revenues and other forms of state ed in property taxes have called for a review aid. of the total local financing system. The The League has participated in several League has been one of those voices. Local efforts to look at Iowa's total local finance representatives can join the chorus by system over the past decade. Unfortun- reviewing the Swenson report with legisla- ately, many of the results of those efforts tors. have not received attention from state The report shows that total general rev- policy leaders. Iowa has reached the time enue per capita for cities in Iowa is only 70 when a reasonable, complete and system- percent of the national average and 92 per- atic review of local finance is in order. cent of the average of cities in the midwest. This dispels the notion that Iowa citizens New' faces'represent the League· ". The Governmental Affairs but also.~s.a yolullteer'.f.or 'a department .wiH.~ke .off a ~.new· · prestdentbd eainpajgtt~:~'.. leek· this year. susan Judklns, reglm~al, corn.miffs.", eimembm. director:of governmental for 'a political, pa~ a.:: affairs,' Joined the League, represefit'.a~.~.ve.on a mayor,s November 26. she.was for? committee'on propertY.tax Susan Judkins, merly the Vision ·iowa program issues, and as a paralegal. coordinator forths IOwa JOdkins can be :reaChed at director of Department Of ·Economic (515) 244;,7282'ext. 330 or governmental Development. She provided susanjudkins@iowaleague,erg affairs administrative and technical Addltlon~!ly, the'League will assistance for the Vision iowa be assisted'by $fieJla and Community Attraction and Robinson, e·junIOr at iowa Tourism programs~ State Udfversit~.:.Rgblnson will Judki.ns is familiar with the serve asa .:legis!aUve .intern legislative propess 'not only as during the .upcom!n9 legisla- a state governmei~t employee, tire session. ~'~ 80-1 3 Road Use Tax Funds impacted by economy and fuel costs certificate of title fees, use tax pay- are constitutionally protected once City budgets will also be impacted ments on motor vehicles and equip- deposited into the RUTF. The by decreased revenue in the Road ment, driver's licenses and a few RUTF is designed to provide fund- Use Tax Fund (RUTF). The RUTF other sources. The decline in the lng for infrastructure needs of the is funded by excise taxes paid on economy and higher fuel costs have state; it is not a cash cow to provide motor vehicle fuel, registration and reduced the fund's collection signif- funding for unrelated programs. icantly over the last year. However, next session there will be Estimated Road Use Tax Funds The impact of zero per- attempts to divert funds in order to cent financing and make up for the state's revenue increased vehicle sales on shortfall. The League will work with Fiscal Year IDOT per capita estimates RUTF receipts is not other groups to protect the RUTF !2001-02 $76.64 known at this time, but and will oppose any diversion cities should consider resulting in a decrease of RUTF 2003-04 $77.69 using a conservative per receipts for cities. capita estimate for budg- 2004-05 $78.91 eting. 2006-06 ~,80.15 The RUTF is entirely self-sustaining, and funds If you prefer to have future issues of Legislative Bulletin emailed to you instead of delivered threugh the U.S. Postal Service, email your request tn the League office at the following email address: marileemitchell~iowaleague.org. Stephen ,I Atki~s City Man*ger iowa City 4~ 0 E Wa~itington Sh net Please pass this on to other interested officials. 7.-~..:..,?Str-:.?.~, ..:..:.~ ' /;; ': : : i ~ 'i ': IP8 DEPARTMENT OF PUBLIC WORKS SPECIAL PROJECTS . WASTEWATER TREATMENT AND COLLECTION FACILITY Contract 3 - South Plant Improvements CITY COUNCIL REPORT Report Number: #9 Contractor: Story Construction Company Report Date: November 29, 2001 300 South Bell Ave. Ames, Iowa Project Number: 3387.0 Engineering Consultant: City of Iowa City Administration and Inspection Staff: Stanley Consultants, Inc. Tim Randall, Special Projects Manager Mike Schuckert, Special Projects Inspector 225 Iowa Avenue Terry Simmons, Special Projects Inspector Muscatine, Iowa Date Construction Started: March 14, 2000 Approved Time Extensions (Days): 0 Contract Completion Date/Days: March 13, 2002 / 730 Revised Completion Date: N/A Days Elapsed: 625 Percent ol Prctject Completed: 75 ~o Days Remaining: 105 Comract Price: $26,574,000.00 Percent of Time Used: 86 % Progress Payments to Date: $18,972,672.70 Summary of Construction Activities To Date: ~- ~borato~./Administration Building: Start-up of the HVAC equipment has occurred. Work on the building electrical power and mechanical equipment in-progress punchlist items is underway. Installation of the Laboratory casework is nearing completion. Installation of the data termination blocks for the LAN and phone system is nearing completion. The fire- alarm system is complete and ready for start-up and testing next week. Side walk and parking PCC pavement is complete around the building. Topsoil has been placed around the building. Final grading and landscaping will occur next spring. South Wastewater Plant Contract 3 Cily Council Report #9 Page I Nox, ember 29~ 2001 Maintenance Vehicle Storage Building (MVSB): Work on mechanical piping, plumbing and electrical services is nearing completion. Installation of the HVAC systems is complete. Limited HVAC start-up has occurred. Interior painting is nearing completion. Exterior painting of the overhead doors is complete. The interior CMU walls and metal stud/gypsum board partition walls are complete. Installation of the plumbing fixtures is complete. PCC paving is complete around the building. Addition to Sludge Processing Facility: The exterior doors have been installed. Work is progressing on the electrical services and lighting in the north bay. New concrete retaining walls were built at the truck dock to replace the deteriorated railroad ties. Side walk and parking PCC pavement is complete around the building. Topsoil has been placed around the building. Final grading and landscaping will occur next spring. ~' Sludge Digestion Building: Welding of the stainless steel digester tank covers continues. The ballasted EPDM roof on the building is 90% complete - sheet metal detailing remains. Installation of the HVAC systems and ductwork continues. Coating of the interior of the concrete tank walls is complete. Most process equipment is in place. Work on stainless steel process piping continues. Chlorine Contact Tanks: There has been no significant work at this structure since early spring. The tanks are 95% complete with start-up anticipated in the near future. ~ Secondary Clarifiers: Clarifiers 5300 & 5400: Installation of the Clarifier equipment is nearly complete. Initial start-up of equipment and inspection by the manufacturer has occurred. Work continues on the buried process piping and electrical service in this area. Back fill between the structures remains to be completed. The extension of the existing concrete walls on Clarifiers 5100, 5200 and Secondary Flow Splitter have been completed. '~ Primary Clarifiers: Clarifiers 3300 & 3400: Installation of the Clarifier equipment is nearly complete. Initial start-up of equipment and inspection by the manufacturer has occurred. Work continues on the buried process piping and electrical service in this area. '~ Aeration Tanks: Backfill around the structure is complete. Concrete pours for the south end effluent trough are underway. Installation of the stainless steel air & RAS piping continues. Installation of the mixers has started. '~ Blower Building: The exterior and interior CMU walls are complete. The exterior brick veneer is complete. The precast concrete core-slab roof deck panels have been placed and grouted. The ballasted EPDM roof system is complete except for sheet metal detailing. The air blower equipment has been set into position. Work is progressing on the installation of the stainless gteel air piping. Work recently started on the concrete floors. '~ Grit Dewatering Building: The concrete floor slab is complete. The exterior CMU walls and brick veneer is complete. The precast concrete core-slab roof deck panels have been placed and grouted. The ballasted EPDM roof system is complete except for sheet metal detailing. The grit equipment has been set into position. Work is progressing on the installation of the ductile iron piping. South Wastewater Plant Contract 3 City Council Report #9 Page 2 November 29, 2001 Vortex Grit Chambers: There has been no significant work at this structure during the past two months. Installation of the grating, equipment, and accessories remain. Backfilling also remains to be completed. High Strength Flow Equalization Tank: This structure is nearly complete. The concrete base slab and steel tank were completed early this summer. Work on the access ladders and platform remain. Installation of the mixers also remains. High Strength Flow Pump Station: There has been no significant work at this structure since early spring. The station is 95% complete with start-up anticipated in the near future. lnfluent Pump Station: The following modifications to the existing structure have been completed: Replacement of two of three influent pumps, valves, piping, and related electrical service; installation of new elbows and flares in the wet well; and installation of new fiberglass grating over the wet well. Over/low Basins: The ACC paving in Cell No. 2 is complete. The PCC paving in Cell No. 1 is complete, including the new access ramp. Site Piping: Work on buried piping continues throughout the site. Work has occurred on the following lines: 6" SSC line on the north side of the Aeration Tanks; 24" RAS lines from the Influent Trough at the new Aeration Tanks to west of Sludge Pumping, 3" EW line upgraded to a 6" service and rerouted between the HS Flow Eq. Tank and the Vortex Grit structure; rerouted 3" CLS between the HS Flow Eq. Tank and the Vortex Grit structure; 4" Air line converted to EW service from north of Aeration to Influent Pumping; 4" EW along east and west side of Aeration Tanks; 6" D and 1" NG installed to Blower Building; EW lines and hydrants throughout the Primary and Secondary Clarifiers areas; work continues on 3" D, lt/2'' EW and 1V2" CLS lines for Scum/Foam Spray Valve Vaults. The existing deteriorated 3" steel NG (natural gas) line was replaced with a new 4" plastic IP gas main from the Gas Metering Building to lnfluent Pumping Station. North Plant Sludge Equalization Tank and Sludge Pumping Station (revision of existing structures): Work will start at the north plant once specified milestones are met for the work at the south plant. Respectfully submitted, Tim Randall City of Iowa City Special Projects Manager South Wastewater Plant Contract 3 City Council Report ~:) Page 3 November 29, 2001 Marian Karr IP9 From: P[uggeL@iowa-city. k 12. ia. us Sent: Tuesday, December 11,2001 5:17 PM To: Tim Walker; davidfranker@aol.com; goodmat@aol.com; wyoiowa@msn.com; jaleff(~home.com; laurenreece67@aol.com; dfs001 @yahoo.com; pdwvpmsa@aol.com Cc: counc[[@iowa-city.org; Lisa-Mollenhauer@iowa-city.org; marcia-klingaman@iowa-city.org Subject: Re:Horace Mann Repurposing Mr. Walker, Thank you for your email regarding Horace Harm School. The Board of Education and administration are currently investigating a number of potential actions to address growing and shifting school enrollment. This evening one option discussed will be the potential use of an east side elementary school for an alternative high school or 6th grade center. Please knew that no decision has been made regarding Hann or any other ICCSD school. You may follow the discussion on this item by attending tonight's Board meeting or watching at home via television. I appreciate you feedback. It will be considered. Lane Plugge Reply Separator Subject: Horace Mann Repurposing Author: "Tim Walker" <twalker@avalon.net> Date: 12/11/01 12:29 PH Dear Members of the School Board and Mr. Plugge, The Northside Neighborhood already has enough repurposed properties: we provide homeless or transitional housing in four properties (one dedicated to runaway teens), we have lost numerous family homes to investor-owners who put into them too little care and too many tenants, and we recently defeated Hy-Vee's attempt to repurpose Pearson's into a Regal Liquor outlet. We are strong advocates of a viable near-campus, near-downtown neighborhood with a mix of families, and have made great progress toward that viability in the two years since our neighborhood association reactivated. One of our main missions is to invite families back into our convenient, walk-to-everything neighborhood. If Horace Harm Elementary is repurposed into an alternative high school we will lose an important draw to families, one that helps balance our other neighborhood challenges and prompts families te accept the risks and inconveniences of being urban pioneers. In addition to that lost draw, our neighborhood will suffer because we cannot accommodate the parking demands we already face--because of the disproportionate car-to-house ratios at many of our rentals, and because we provide overflow parking te university faculty, staff, and commuting students. The loss of our elementary school could be a blow that we, already faced with numerous challenges to our neighborhood's integrity, may net be able to recover from. I will be a parent of Iowa City district students someday, and would like to do it in my current neighborhood. Please help us to preserve our progress against our challenges, and leave our school as it is. Sincerely, Tim Walker a Northside neighbor of Horace Mann School cc: Iowa City City Council; Marcia Klingaman, Neighborhood Services Coordinator 1 Visit the Northside Neighborhood Association Website at http://www, j ccniowa.org/-NNA/